c-61 - c-32 comparison (no annotation) english

8/9/2019 C-61 - C-32 Comparison (No Annotation) English

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C-61 C-32

Second Session, Thirty-ninth Parliament,56-57 Elizabeth II, 2007-2008HOUSE OF COMMONS OF CANADA

Third Session, Fortieth Parliament,59 Elizabeth II, 2010HOUSE OF COMMONS OF CANADA

BILL C-61 BILL C-32An Act to amend the Copyright Act An Act to amend the Copyright Act

FIRST READING, JUNE 12, 2008 FIRST READING, JUNE 2, 2010

THE MINISTER OF INDUSTRY MINISTER OF INDUSTRY

SUMMARY SUMMARY

This enactment amends theCopyright Actin orderto

This enactment amends theCopyright Actto

(a) update the rights and protections of copyright

owners to better addressthe Internet, in line with international standards;

(a) update the rights and protections of copyright

owners to better addressthe challenges andopportunities ofthe Internet, so as to be in line with

international standards;(b) clarify the liability of Internet service providers; (b) clarify Internet service providers liability and

make the enabling of on-line copyright infringement

itself an infringement of copyright;

(c) permit certain uses for educational and research

purposes of Internet andother digital technologies to facilitate technology-

enhanced learning, inter-library loans, the delivery of educational material

and access to publiclyavailable material on the Internet;

(c) permit businesses, educators and libraries tomake greater use of copyright material in digitalform;

(d) allow educators and students to make greater use

of copyright material;

(d) permit certain uses of copyright material for

private purposes; and

(e) permit certain uses of copyright material by

consumers;(e) amend provisions of the Act relating to

photographs to givephotographers the same rightsas other creators.

(f) give photographers the same rights as other

creators;

(g) ensure that it remains technologically neutral;

and(h) mandate its review by Parliament every five

years.

Also available on the Parliament of Canada Web Site

at the following address:http://www.parl.gc.caAlso available on the Parliament of Canada Web Site

at the following address:http://www.parl.gc.ca

Preamble Preamble

2nd Session, 39th Parliament,56-57 Elizabeth II, 2007-2008HOUSE OF COMMONS OF CANADA

3rd Session, 40th Parliament,59 Elizabeth II, 2010HOUSE OF COMMONS OF CANADA

BILL C-61 BILL C-32

An Act to amend the Copyright Act An Act to amend the Copyright Act


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Whereas theCopyright Actis animportantmarketplace framework lawand cultural policyinstrument that,through clear, predictable andfair rules,supports creativity and innovation and

affects many sectors of the knowledge

economy;

Whereas the Copyright Act is an

importantmarketplace framework lawand cultural policyinstrument that,through clear, predictable andfair rules,supports creativity and innovationandaffects many sectors of the knowledge

economy;Whereas advancements in and

convergenceof the information andcommunications technologies that link

communities around the worldpresentopportunities and challenges that are

global in scope for the creation and use of

copyright works or other subject-matter;

Whereas advancements in and

convergenceof the information andcommunications technologies that link

communities around theworld presentopportunities and challenges thatareglobal in scope for the creation and use of

copyright works or other subject-matter;

Whereas in the current digital era

copyrightprotection is enhanced whencountries adopt

coordinated approaches, based oninternationally recognized norms;

Whereas in the current digital era

copyrightprotection is enhanced whencountries adoptcoordinated approaches,

based on internationally recognizednorms;

Whereas such norms are reflected in theWorld Intellectual Property OrganizationCopyright Treaty and the World

Intellectual PropertyOrganizationPerformances and PhonogramsTreaty,adopted in Geneva in 1996;

Whereas those norms are reflected in theWorld Intellectual Property OrganizationCopyright Treaty and the World

IntellectualProperty OrganizationPerformances andPhonograms Treaty,adopted in Geneva in1996;

Whereas such norms are not wholly

reflectedin theCopyright Act;Whereas those norms are not wholly

reflected in the Copyright Act;

Whereas the exclusive rights in the

CopyrightActprovide rights holders withrecognition,remuneration and the abilityto assert theirrights, and some limitationson these rights existto further enhanceusersaccess to copyrightworks or othersubject-matter;

Whereas the exclusive rights in the

Copyright Act provide rights holders withrecognition, remuneration and the ability

to assert theirrights, and some limitationson those rights exist to further enhance

users access to copyrightworks or othersubject-matter;

Whereas the Government of Canada is

committed to enhancing the protection of

copyright works or other subject-matter,including through the recognition of

technologicalmeasures, in a manner that promotes

culture andinnovation, competition andinvestment in theCanadian economy;

Whereas the Government of Canada iscommitted to enhancing the protection of

copyrightworks or other subject-matter,includingthrough the recognition oftechnological protection measures, in a

manner that promotes culture andinnovation, competition and investment inthe Canadian economy;

And whereas Canadas ability to

participatein a knowledge economydriven by innovationand network connectivity is fostered byencouraging the use of digital

technologies forresearch and education;

And whereas Canadas ability to

participatein a knowledge economydriven by innovationand networkconnectivity is fostered by encouragingthe use of digital technologies for research

and education;


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Now, therefore, Her Majesty, by and with

theadvice and consent of the Senate andHouse ofCommons of Canada, enacts asfollows:

Now, therefore, Her Majesty, by and with

theadvice and consent of the Senate andHouse ofCommons of Canada, enacts asfollows:

SHORT TITLE

Short title 1. This Act may be cited as the Copyright

Modernization Act.

R.S., c. C-42 COPYRIGHT ACT R.S., c. C-42 COPYRIGHT ACT

R.S., c. 10(4th Supp.),s. 1(3); 1994,c. 47, s. 56(3)

1. (1) The definitionsmoral rights

andtreaty countryin section 2 of the

CopyrightActare replaced by the

following:

R.S., c. 10 (4th

Supp.), s.1(3);

1994, c. 47,

s.56(3)

2. (1) The definitions moral rights

andtreaty country in section 2 of the

CopyrightAct are replaced by the

following:

moral rights moral rightsmeans the rights describedinsubsections 14.1(1)and 17.1(1);

moral rights moral rights means the rights described

insubsections 14.1(1) and 17.1(1);

treaty

countrytreaty countrymeans a BerneConventioncountry, UCC country,WCTcountry or WTOMember;

treaty

countrytreaty country means a Berne

Conventioncountry, UCC country, WCTcountry or WTOMember;

(2) Section 2 of the Act is amended byadding the following in alphabetical

order:

(2) Section 2 of the Act is amended byadding the following in alphabetical

order:

WCT country WCT countrymeans a country that is apartyto the WIPO Copyright Treaty,adopted inGeneva on December 20,1996;

WCT

countryWCT country means a country that is a

partyto the WIPO Copyright Treaty,adopted inGeneva on December 20,1996;

WPPT

countryWPPT countrymeans a country that isa partyto the WIPO Performances andPhonogramsTreaty, adopted in Genevaon December 20,1996;

WPPTcountry

WPPT country means a country that is aparty to the WIPO Performances and

PhonogramsTreaty, adopted in Genevaon December 20,1996;

3. Section 2.4 of the Act is amended byadding the following after subsection

(1):

Clarification (1.1) For the purposes of this Act,communication of a work or other

subject-matter to thepublic bytelecommunication includes makingitavailable to the public by

telecommunicationin a way that allows amember of the public tohave access to itfrom a place and at a time individuallychosen by that member of the public.


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2. Subsection 3(1) of the Act is amended

by striking out the wordandat the

end ofparagraph (h), by adding the

wordandatthe end of paragraph (i)

and by adding thefollowing after

paragraph (i):

4. Subsection 3(1) of the Act is amended

by striking out and at the end of

paragraph (h), by adding and at the

end ofparagraph (i) and by adding the

followingafter paragraph (i):

(j) in the case of a work that can be putintocirculation as a tangible object, to sellorotherwise transfer ownership of thetangibleobject, as long as the ownershipof thattangible object has neverpreviously beentransferred with theauthorization of theauthor in or outsideCanada,

(j) in the case of a work that is in the formofa tangible object, to sell or otherwisetransferownership of the tangible object,as long asthat ownership has neverpreviously beentransferred in or outsideCanada with the authorization of the

copyright owner,

1994, c. 47,

s. 57(1); 1997,c. 24, s. 5(2);2001, c. 34, s.

34

3. Subsections 5(1.01) to (1.03) of the

Actare replaced by the following:

1994, c. 47, s.

57(1); 1997, c.24, s. 5(2);

2001,c. 34, s.34

5. Subsections 5(1.01) to (1.03) of the

Actare replaced by the following:

Protection forolder works

(1.01) For the purposes of subsection (1),

acountry that becomes a BerneConventioncountry,a WCT country or aWTO Memberafter the date of themaking or publication of aworkisdeemed to have been a Berne Convention

country,a WCT country or a WTOMember, as the case may be, atthat date,subject to subsection (1.02)andsections33to 33.2.

Protection forolder works

(1.01) For the purposes of subsection (1),

acountry that becomes a BerneConventioncountry, a WCT country or aWTO Member after the date of the

making or publication of awork isdeemed to have been a Berne Conventioncountry, a WCT country or a WTOMember, as the case may be, at that date,

subject tosubsection (1.02) and sections33 to 33.2.

Limitation (1.02) Subsection (1.01) does not confercopyright protection in Canada on a work

whose term of copyright protection in the

country referred to in that subsection had

expired before that country became a

BerneConvention country,a WCTcountry ora WTOMember, as the casemay be.

Limitation (1.02) Subsection (1.01) does not confercopyright protection in Canada on a work

whose term of copyright protection in thecountry referred to in that subsection had

expiredbefore that country became aBerne Conventioncountry, a WCTcountry or a WTO Member, asthe casemay be.

Application ofsubsections(1.01) and

(1.02)

(1.03) Subsections (1.01) and (1.02)apply,and are deemed to have applied,regardless ofwhether the country inquestion became a BerneConventioncountry,a WCT country or a WTOMember before or after the coming into

force ofthose subsections.

Application of

subsections(1.01) and(1.02)

(1.03) Subsections (1.01) and (1.02)apply,and are deemed to have applied,regardless ofwhether the country inquestion became aBerne Conventioncountry, a WCT country or aWTOMember before or after the coming into

force of those subsections.


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1997, c. 24, s. 7 4. Section 10 of the Act is repealed. 1997, c. 24, s.7

6. Section 10 of the Act is repealed.

1997, c. 24,s. 10(1)

5. Subsection 13(2) of the Act is

repealed.1997, c. 24, s.

10(1)


repealed.

1997, c. 24, s.

146. The headings before section 15 of the

Act are replaced by the following:

1997, c. 24, s.14

8. The headings before section 15 of the

Act are replaced by the following:

PART II PART II

COPYRIGHT INPERFORMERSPERFORMANCES, SOUND

RECORDINGSAND COMMUNICATION SIGNALS

ANDMORAL RIGHTS IN PERFORMERSPERFORMANCES

COPYRIGHT IN PERFORMERS

PERFORMANCES, SOUND

RECORDINGSANDCOMMUNICATION SIGNALS AND

MORAL RIGHTS IN PERFORMERS

PERFORMANCES

PERFORMERSRIGHTS PERFORMERS RIGHTS

Copyright Copyright

7. (1) Section 15 of the Act is amended

byadding the following after

subsection (1):

9. (1) Section 15 of the Act is amended

byadding the following aftersubsection (1):

Copyright inperformersperformance

(1.1) Subject to subsections (2.1) and

(2.2), aperformers copyright in theperformers performance also consists ofthe sole right to do thefollowing acts inrelation to the performersperformance orany substantial part of it and to authorize

any of those acts:

Copyright inperformersperformance


(2.2),a performers copyright in theperformers performance consists of thesole right to do the following acts inrelation to the performers performance or

any substantial part of it and toauthorizeany of those acts:

(a) if it is not fixed, (a) if it is not fixed,

(i) to communicate it to the public by

telecommunication,(i) to communicate it to the public by

telecommunication,

( ii ) to perform it in public, if it is

communicated to the public bytelecommunication otherwise than by

communication signal, and

(ii) to perform it in public, if it iscommunicated to the public bytelecommunication otherwise than by

communication signal, and

(iii) to fix it in any material form; (iii) to fix it in any material form;

(b) if it is fixed in a sound recording, to

reproduce that fixation;

(b) if it is fixed in a sound recording, to

reproduce that fixation;

(c) to rent out a sound recording of it; (c) to rent out a sound recording of it;

(d) to communicate to the public bytelecommunication a sound recording of it

in away that allows a member of thepublic toaccess it from a place and at atimeindividually chosen by that memberof thepublic; and

(d) to make a sound recording of it

availableto the public bytelecommunication in a waythat allows amember of the public to haveaccess tothe sound recording from a placeand at atime individually chosen by thatmember


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of the public and to communicatethesound recording to the public by

telecommunication in that way; and

(e) to sell, or otherwise transfer ownership

of, every sound recording of it that can be

putinto circulation as a tangible object

andwhose ownership has neverpreviously beentransferred with theauthorization of theperformer in oroutside Canada.

(e) if it is fixed in a sound recording that

isin the form of a tangible object, to sellorotherwise transfer ownership of the

tangibleobject, as long as that ownershiphas neverpreviously been transferred inor outsideCanada with the authorizationof the ownerof the copyright in theperformers performance.

1997, c. 24, s.

14(2) Subsection 15(3) of the Act is

replacedby the following:(2) Section 15 of the Act is amended by

adding the following after subsection

(2):

Conditions forcopyright

(2.1) Subsection (1.1) applies in the

following cases:Conditions for

copyright

(2.1) Subsection (1.1) applies if

(a) if the performers performance takesplace in Canada;

(a) the performers performance takes

placein Canada;

(b) if the performers performance is fixed

in(b) the performers performance is fixed

in

(i) a sound recording whose maker, at the

time of its first fixation,(i) a sound recording whose maker, at the

time of its first fixation,

(A) was a Canadian citizen or permanent

resident as defined in subsection2(1) oftheImmigration and RefugeeProtectionAct, in the case of a naturalperson, or

(A) was a Canadian citizen or permanent

resident as defined in subsection2(1) ofthe Immigration and RefugeeProtectionAct, in the case of a naturalperson, or

(B) had its headquarters in Canada, inthecase of a corporation, or

(B) had its headquarters in Canada, inthecase of a corporation, or

(ii) a sound recording whose firstpublication in a quantity sufficient to

satisfy thereasonable demands of thepublic occurredin Canada; or


satisfy thereasonable demands of thepublic occurredin Canada; or

(c) if the performers performance istransmitted at the time of its performance

by acommunication signal broadcastfrom Canadaby a broadcaster that has itsheadquarters inCanada.

(c) the performers performance istransmitted at the time of its performanceby a communication signal broadcast

from Canada bya broadcaster that has itsheadquarters inCanada.

(3) Section 15 of the Act is amended by

adding the following before subsection

(3):


(2.2) Subsection (1.1) also applies in the


copyright

2.2) Subsection (1.1) also applies if

(a) if the performers performance takes

place in a WPPT country;

(a) the performers performance takes

placein a WPPT country;


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(b) if the performers performance is fixed

in(b) the performers performance is fixed

in

(i) a sound recording whose maker, at the

time of its first fixation,(i) a sound recording whose maker, at the

time of its first fixation,

(A) was a citizen or permanent residentofa WPPT country, in the case of anaturalperson, or

(A) was a citizen or permanent residentofa WPPT country, in the case of a natural

person, or

(B) had its headquarters in a WPPT

country, in the case of a corporation, or(B) had its headquarters in a WPPT

country, in the case of a corporation, or


satisfy thereasonable demands of thepublic occurredin a WPPT country; or


satisfy thereasonable demands of thepublic occurredin a WPPT country; or

(c) if the performers performance istransmitted at the time of its performance

by acommunication signal broadcast

from aWPPT country by a broadcasterthat has itsheadquarters in that country.

(c) the performers performance istransmitted at the time of its performanceby a communication signal broadcast

from a WPPTcountry by a broadcasterthat has its headquarters in that country.



(3):

Publication (3) The first publication of a soundrecordingin Canada, a Rome Conventioncountry or aWPPT country is deemed tohave occurred inthat country,despite anearlier publicationelsewhere, if theearlier publication took placeno morethan 30 dayspreviously.

Publication (4) The first publication of a soundrecording is deemed to have occurred in a

WPPTcountry, despite an earlierpublication elsewhere, if the interval

between the publication inthat WPPTcountry and the earlier publicationdoes

not exceed 30 days.

8. The Act is amended by adding the

following after section 17:



Moral Rights Moral Rights

Moral rights 17.1(1) In the cases referred to insubsections 15(2.1) and (2.2), a performer

of a liveaural performance or aperformance fixed in asound recording

has, subject to subsection28. 2(1), theright to the integrity of theperformance,andin connection with an actmentioned in subsection 15(1.1) or one

forwhich the performer has a right toremunerationunder subsection 19(1)the right, when it isreasonable in thecircumstances, to be associated with the

performance as its performer byname or

Moral rights 17.1 (1) In the cases referred to insubsections 15(2.1) and (2.2), a performer

of a liveaural performance or aperformance fixed in asound recordinghas, subject to subsection28.2(1), theright to the integrity of the performance,and in connection with an actmentioned in subsection 15(1.1) or one

for whichthe performer has a right toremuneration undersection 19 theright, ifit is reasonable in thecircumstances, to be associated with theperformance as its performer by name or

under apseudonym and the right to


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under a pseudonym and the right to

remain anonymous.

remain anonymous.

No assignmentof moral rights

(2) Moral rights may not be assigned but

may be waived in whole or in part.No assignment

of moral rights

(2) Moral rights may not be assigned but

may be waived in whole or in part.

No waiver byassignment

(3) An assignment of copyright in aperformers performance does not by

itself constitute a waiver of any moralrights.

No waiver by

assignment

3) An assignment of copyright in aperformers performance does not by

itself constitute a waiver of any moralrights.

Effect of

waiver(4) If a waiver of any moral right is made

infavour of an owner or a licensee of acopyright,it may be invoked by anyperson authorized bythe owner orlicensee to use the performers

performance, unless there is an indication

to thecontrary in the waiver.

Effect ofwaiver

(4) If a waiver of any moral right is made

infavour of an owner or a licensee of acopyright,it may be invoked by anyperson authorized bythe owner orlicensee to use the performers

performance, unless there is an indication

to thecontrary in the waiver.

Application

and

term

17.2(1) Subsection 17.1(1) applies onlyinrespect of a performers performancethat occursafter the coming into force ofthat subsection.The moral rights subsistfor the same term as thecopyright in thatperformers performance.

Application

andterm17.2 (1) Subsection 17.1(1) applies only

inrespect of a performers performancethat occurs after the coming into force ofthat subsection. The moral rights subsist

for the same termas the copyright in thatperformers performance.

Succession (2) The moral rights in respect of aperformers performance pass, on the

performers death,to

Succession (2) The moral rights in respect of aperformers performance pass, on the

performersdeath, to

(a) the person to whom those rights are

specifically bequeathed;(a) the person to whom those rights are

specifically bequeathed;

(b) if there is not a specific bequest of

thosemoral rights and the performer diestestate inrespect of the copyright in theperformersperformance, the person towhom that copyright is bequeathed; or

(b) if there is not a specific bequest of

thosemoral rights and the performer diestestate inrespect of the copyright in theperformersperformance, the person towhom that copyright is bequeathed; or

(c) if there is not a person as described in

paragraph (a) or (b), the person entitled to

any other property in respect of which the

performer dies intestate.

(c) if there is not a person as described in

paragraph (a) or (b), the person entitled to

any other property in respect of which the

performer dies intestate.

Subsequentsuccession

(3) Subsection (2) applies, with anymodifications that the circumstances

require, on thedeath of any person who

holds moral rights.

Subsequentsuccession

(3) Subsection (2) applies, with anymodifications that the circumstances

require, on thedeath of any person who

holds moral rights.

1997, c. 24,s. 14; 2001,c. 27, s. 237

9. Subsections 18(2) and (3) of the Act

arereplaced by the following:11. (1) Section 18 of the Act is amended

by adding the following after subsection

(1):

Copyright insound


(2.2), asound recording makersCopyright insound


(2.2),a sound recording makers


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recordings copyright in the soundrecording alsoincludes the sole right to do thefollowingacts in relation to the sound recordingorany substantial part of it and to authorize

anyof those acts:

recordings copyright in thesound recording alsoincludes the sole right todo the followingacts in relation to the soundrecording orany substantial part of it and to authorize

any of those acts:

(a) to communicate it to the public by

telecommunication in a way that allows amember of the public to access it from a

placeand at a time individually chosen bythatmember of the public; and

(a) to make it available to the public by

telecommunication in a way that allows amember of the public to have access to it

from a place and at a time individuallychosen by that member of the public andto communicate it to the public by

telecommunication in that way; and

(b) to sell or otherwise transfer ownership

ofit, in the case of a sound recordingmade bythe sound recording maker thatcan be putinto circulation as a tangibleobject andwhose ownership has never

previously beentransferred with theauthorization of thesound recordingmaker in or outside Canada.

b) if it is in the form of a tangible object,

tosell or otherwise transfer ownership ofthetangible object, as long as thatownership hasnever previously beentransferred in or outside Canada with the

authorization of theowner of thecopyright in the sound recording.

(2) Subsection 18(2) of the Act is

replacedby the following:


(2) Subsection (1) applies only if Conditions forcopyright

(2) Subsection (1) applies only if

(a) at thetime of the first fixation or, ifthatfirst fixation was extended over aconsiderable period, during any

substantial part of thatperiod, the makerof the sound recording

(a) at the time of the first fixation or, if

thatfirst fixation was extended over aconsiderable period, during any

substantial part ofthat period, the makerof the sound recording

(i) was a Canadian citizen or permanent

resident as defined in subsection 2(1) of

theImmigration and Refugee ProtectionAct,


resident as defined in subsection 2(1) of

the Immigration and Refugee Protection

Act,

(ii)was a citizen or permanent resident ofa Berne Convention country, a Rome

Convention country,a WPPT country or acountry that is a WTO Member, or

(ii) was a citizen or permanent resident of

a Berne Convention country, a Rome

Convention country, a WPPT country or a

country that is a WTO Member, or

(iii) had its headquarters in one ofthosecountries,in the case of a corporation; or (iii) had its headquarters in one of thosecountries, in the case of a corporation; or

(b) the first publication of the sound

recording in a quantitysufficient tosatisfy thereasonable demands of thepublic occurred inany country referred toin paragraph (a).

(b) the first publication of the soundrecording in a quantity sufficient to satisfythe reasonable demands of the public

occurred inany country referred to inparagraph (a).


(2.1) Subsection (1.1) applies in the


copyright

(2.1) Subsection (1.1) applies if


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(a) if at the time of the first fixation or, if







resident as defined in subsection 2(1) oftheImmigration and Refugee ProtectionAct, or


resident as defined in subsection 2(1) ofthe Immigration and Refugee Protection

Act, or

(ii) had its headquarters in Canada, in the

case of a corporation; or(ii) had its headquarters in Canada, in the

case of a corporation; or

(b) if the first publication of the sound

recording in a quantity sufficient to satisfy

the reasonable demands of the public

occurred in Canada.


occurred inCanada.


adding the following before subsection(3):


(2.2) Subsection (1.1) also applies in the


copyright

(2.2) Subsection (1.1) also applies if

(a) if at the time of the first fixation or, if






(i) was a citizen or permanent resident of

aWPPT country, or(i) was a citizen or permanent resident of

a WPPT country, or

(ii) had its headquarters in a WPPT

country, in the case of a corporation; or

(ii) had its headquarters in a WPPTcountry, in the case of a corporation; or

(b) if the first publication of the sound

recording in a quantity sufficient to satisfy

the reasonable demands of the public

occurred in a WPPT country.


occurred in aWPPT country.



(3):

Publication (3) The first publication of a soundrecordingin Canada, a Berne Conventioncountry, a RomeConvention country, aWPPT country or acountry that is a WTOMember is deemed tohave occurred inthat country,despite an earlierpublicationelsewhere, if theearlier publicationtookplace no more than 30 dayspreviously.

Publication (4) The first publication of a soundrecording is deemed to have occurred in a

WPPTcountry, despite an earlierpublication elsewhere, if the interval

between the publication inthat WPPTcountry and the earlier publicationdoesnot exceed 30 days.


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1997, c. 24, s.



1997, c. 24, s.14

12. (1) Subsection 19(1) of the Act is

replaced by the following:

Right toremuneration

19.( 1)If a sound recording has beenpublished, the performer and maker are

entitled,subject to section 20, to be paidequitableremuneration for itsperformance in public or its

communication to the public by

telecommunication, except foracommunication in thecircumstancesreferred to in paragraph15(1.1)(d) or18(1.1)(a) and any retransmission.


Canada

19. (1) If a sound recording has beenpublished, the performer and maker are

entitled,subject to subsection 20(1), to be

paid equitableremuneration for itsperformance in public orits communication to the public bytelecommunication, except for acommunication in the circumstances

referred to in paragraph 15(1.1)(d)or 18(1.1)(a) and any retransmission.


Rome

Conventioncountry

(1.1) If a sound recording has beenpublished, the performer and maker are

entitled,subject to subsections 20(1.1)and (2), to bepaid equitable remuneration

for its performancein public or itscommunication to the public by

telecommunication, except for anyretransmission.

(2) Section 19 of the Act is amended byadding the following before subsection

(2):


WPPT country

(1.2) If a sound recording has beenpublished, the performer and maker are

entitled,subject to subsections 20(1.2)and (2.1), to bepaid equitable

remuneration for its performanceinpublic or its communication to the public

bytelecommunication, except for acommunication in the circumstancesreferred to in paragraph 15(1.1)(d) or18(1.1)(a) and any retransmission.

1997, c. 24, s.

14(3) The portion of subsection 19(2) of

the English version of the Act before

paragraph(a) is replaced by the

following:

Royalties (2) For the purpose of providing theremuneration mentioned in this section, a

personwho performs a published soundrecording inpublic or communicates it tothe public by telecommunication is liable

to pay royalties



Deemedpublication

19.1 Despite subsection 2.2(1), a sound

recording that has been made available to


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Canada thepublic by telecommunication in a waythat allows a member of the public to

access it from aplace and at a timeindividually chosen by thatmember of thepublic, or that has been communicated to

the public by telecommunication inthatway, is deemed to have been published for

the purposes of subsection 19(1).


following before section 20:

Deemedpublication WPPT country

19.2 Despite subsection 2.2(1), a sound

recording that has been made available to

thepublic by telecommunication in a waythat allows a member of the public to

access it from aplace and at a timeindividually chosen by thatmember of thepublic, or that has been communicated to

the public by telecommunication inthat

way, is deemed to have been published for

the purposes of subsection 19(1.2).

1997, c. 24, s.14; 2001, c.

27,s. 238(1)

15. (1) Subsection 20(1) of the Act is


Conditions Canada

20. (1) The right to remuneration

conferredby subsection 19(1) appliesonly if

(a) the maker was, at the date of the firstfixation, a Canadian citizen or permanentresident within the meaning of subsection

2(1)of the Immigration and RefugeeProtectionAct or, if a corporation, had itsheadquartersin Canada; or

(b) all the fixations done for the sound

recording occurred in Canada.

Conditions RomeConventioncountry

(1.1) The right to remuneration conferred

bysubsection 19(1.1) applies only if

(a) the maker was, at the date of the firstfixation, a citizen or permanent resident of

aRome Convention country or, if acorporation, had its headquarters in a

Rome Convention country; or


recording occurred in a Rome Convention

country.


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(2) Section 20 of the Act is amended byadding the following before subsection

(2):

Conditions WPPT country

(1.2) The right to remuneration conferred

bysubsection 19(1.2) applies only if

(a) the maker was, at the date of the first

fixation, a citizen or permanent resident ofaWPPT country or, if a corporation, haditsheadquarters in a WPPT country; or


recording occurred in a WPPT country.

2001, c. 27, s.238(2)

(3) Subsection 20(2) of the Act is replaced

by the following:

Exception RomeConvention

country

(2) Despite subsection (1.1), if the

Ministeris of the opinion that a RomeConvention country does not grant a rightto remuneration, similar in scope and

duration to that provided bysubsection19(1.1), for the performance in public or

the communication to the public of a

sound recording whose maker, at the date

of itsfirst fixation, was a Canadian citizen orpermanent resident within the meaning of

subsection2(1) of the Immigration and Refugee

ProtectionAct or, if a corporation, had itsheadquarters inCanada, the Minister may,by a statement published in the Canada

Gazette, limit the scopeand duration ofthe protection for sound recordings whose

first fixation is done by a makerwho is a citizen or permanent resident of

thatcountry or, if a corporation, has its

headquartersin that country.

(4) Section 20 of the Act is amended byadding the following after subsection

(2):

Exception WPPT country

(2.1) Despite subsection (1.2), if the

Minister is of the opinion that a WPPTcountry doesnot grant a right toremuneration, similar inscope andduration to that provided by subsection

19(1.2), for the performance in public orthe communication to the public of a

soundrecording whose maker, at the dateof its firstfixation, was a Canadian citizenor permanentresident within the meaning


14/70

of subsection 2(1)of the Immigration andRefugee Protection Actor, if acorporation, had its headquarters in

Canada, the Minister may, by a statementpublished in the Canada Gazette, limit the

scopeand duration of the protection forsound recordings whose first fixation is

done by a makerwho is a citizen or permanent resident of

thatcountry or, if a corporation, has itsheadquarters in that country.

1997, c. 24, s.14

(5) Subsection 20(3) of the Act is


Exception (3) If so requested by a country that is aparty to the North American Free TradeAgreement, the Minister may, by astatement published in the Canada

Gazette, grant the right toremuneration

conferred by subsection 19(1.1)toperformers or makers who are nationals of

that country and whose sound recordingsembody dramatic or literary works.

1997, c. 24,s. 14; 2001,c. 27, s. 239(1)

11. (1) The portion of subsection 22(1)

ofthe Act before paragraph (a) is

replaced bythe following:

1997, c. 24, s.14; 2001, c.

27,s. 239(1)

16. (1) The portion of subsection 22(1)

ofthe Act before paragraph (a) is

replaced bythe following:

Reciprocity 22.(1)If the Minister is of the opinionthat acountry grants or has undertaken to

grant

Reciprocity 22. (1) If the Minister is of the opinion

thata country other than a Rome

Convention country or a WPPT countrygrants or has undertakento grant

1997, c. 24,s. 14; 2001,c. 27, s. 239(2)

(2) The portion of subsection 22(2) of

theAct before paragraph (a) is

replaced by thefollowing:

1997, c. 24, s.14; 2001, c.

27,s. 239(2)

(2) The portion of subsection 22(2) of

theAct before paragraph (a) is replaced by

the

following:

Reciprocity (2)If the Minister is of the opinion that acountry neither grants nor has undertaken

togrant

Reciprocity (2) If the Minister is of the opinion that a

country other than a Rome Convention

countryor a WPPT country neither grantsnor has undertaken to grant

1997, c. 24, s.

1412. Subsections 23(1) to (3) of the Act

arereplaced by the following:

1997, c. 24, s.14

17. Subsections 23(1) to (3) of the Act

arereplaced by the following:

Term ofcopyrightperformersperformance

23.(1) Subject to this Act,copyright in aperformers performance subsists until the

endof 50 years after the end of thecalendar year inwhich the performanceoccurs. However,

Term ofcopyright performersperformance

23. (1) Subject to this Act, copyright in a

performers performance subsists until the

endof 50 years after the end of thecalendar year inwhich the performanceoccurs. However,


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(a) if the performance is fixed in a sound

recording before the copyright expires,

thecopyright continues until the end of 50yearsafter the end of the calendar year inwhich thefirst fixation of theperformance in a soundrecording occurs;and

(a) if the performance is fixed in a sound

recording before the copyright expires,

thecopyright continues until the end of 50yearsafter the end of the calendar year inwhichthe first fixation of theperformance in asound recording occurs;

and(b) if a sound recording in which the

performance is fixed is published before

thecopyright expires, the copyrightcontinuesuntil the earlier of the end of 50years afterthe end of the calendar year inwhich the firstpublication of the soundrecording occurs andthe end of 99 yearsafter the end of thecalendar year in whichthe performanceoccurs.

(b) if a sound recording in which theperformance is fixed is published beforethe copyright expires, the copyright

continues untilthe earlier of the end of 50years after theend of the calendar year inwhich the firstpublication of the soundrecording occursand the end of 99 yearsafter the end of thecalendar year in whichthe performance occurs.

Term ofcopyrightsound

recording

(1.1) Subject to this Act, copyright in a

sound recording subsists until the end of50years after the end of the calendar yearin whichthe first fixation of the soundrecording occurs.However, if the soundrecording is publishedbefore thecopyright expires, the copyrightcontinuesuntil the end of 50 years after theend ofthe calendar year in which the first

publication of the sound recording occurs.

Term ofcopyright sound

recording


sound recording subsists until the end of50years after the end of the calendar yearinwhich the first fixation of the soundrecordingoccurs. However, if the soundrecording is published before thecopyright expires, the copyright continues

until the end of 50 years afterthe end ofthe calendar year in which the first

publication of the sound recording occurs.

Term ofcopyrightcommunication

ssignals


communication signal subsists until the

end of50 years after the end of thecalendar year inwhich thecommunication signal is broadcast.

Term ofcopyright communicatio

nsignal

(1.2) Subject to this Act, copyright in acommunication signal subsists until the

end of 50years after the end of thecalendar year inwhich thecommunication signal is broadcast.

Term of right to

remuneration

(2) The rights to remuneration conferred

onperformers and makers by section 19have thesame terms, respectively, asthose provided bysubsections (1) and(1.1).

Term of right

toremuneration

(2) The rights to remuneration conferred

onperformers and makers by section 19have thesame terms, respectively, asthose provided bysubsections (1) and(1.1).

Application ofsubsections (1)

to (2)

(3) Subsections (1)to (2) apply whetherthefixation, performance or broadcast

occurredbefore or after the coming intoforce of thissection.

Application of

subsections (1)

to (2)

(3) Subsections (1) to (2) apply whether

thefixation, performance or broadcastoccurred before or after the coming intoforce of this section.

1997, c. 24, s.

1513. The headingINFRINGEMENT

OFCOPYRIGHT AND MORAL

RIGHTS ANDEXCEPTIONS TO

INFRINGEMENTbefore section 27

of the Act is replaced by thefollowing:


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INFRINGEMENT OF COPYRIGHT

ANDOTHER RIGHTS, ANDEXCEPTIONS

14. Section 27 of the Act is amended by


(2):

18. Section 27 of the Act is amended by


(2):

Clarification (2.1) For greater certainty, a copy madeoutside Canada does not infringe

copyright undersubsection (2) if, had itbeen made in Canada, itwould have beenmade under a limitation or exceptionunder this Act.

Secondaryinfringementrelated to

lesson

(2.1) It is an infringement of copyright for

any person to do any of the following acts

withrespect to anything that the personknows orshould have known is a lesson,

as defined insubsection 30.01(1), or afixation of one:

Secondaryinfringementrelated tolesson

(2.2) It is an infringement of copyright for

any person to do any of the following acts

withrespect to anything that the personknows orshould have known is a lesson,

as defined insubsection 30.01(1), or afixation of one:

(a) to sell it or to rent it out; (a) to sell it or to rent it out;

(b) to distribute it to an extent that the

ownerof the copyright in the work orother subject-matter that is included in the

lesson isprejudicially affected;

(b) to distribute it to an extent that the

ownerof the copyright in the work orother subject-matter that is included in the

lesson is prejudicially affected;

(c) by way of trade, to distribute it, expose

oroffer it for sale or rental or exhibit it inpublic;

(c) by way of trade, to distribute it, expose

or offer it for sale or rental or exhibit it in

public;

(d) to possess it for the purpose of doing

anything referred to in any of paragraphs

(a)to (c);

(d) to possess it for the purpose of doing

anything referred to in any of paragraphs

(a)to (c);

(e) to communicate it by

telecommunicationto any person otherthan a person referred toin paragraph30.01(3)(a); or

(e) to communicate it by

telecommunicationto any person otherthan a person referred toin paragraph30.01(3)(a); or

(f) to circumvent or contravene any

measuretaken in conformity withparagraph30.01(5)(b), (c) or (d).

(f) to circumvent or contravene any

measuretaken in conformity withparagraph30.01(6)(b), (c) or (d).

Infringementprovision ofservices

(2.3) It is an infringement of copyright foraperson to provide, by means of theInternet oranother digital network, aservice that the person knows or should

have known is designedprimarily toenable acts of copyright infringement ifan actual infringement of copyright occurs

by means of the Internet or another digital

network as a result of the use of thatservice.


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Factors (2.4) In determining whether a person has

infringed copyright under subsection

(2.3), thecourt may consider

(a) whether the person expressly orimplicitly marketed or promoted the

service as onethat could be used to

enable acts of copyrightinfringement;(b) whether the person had knowledge

thatthe service was used to enable asignificantnumber of acts of copyrightinfringement;

(c) whether the service has significant

usesother than to enable acts of copyrightinfringement;

(d) the persons ability, as part of

providingthe service, to limit acts ofcopyright infringement, and any action

taken by the person to do so;e) any benefits the person received as aresult of enabling the acts of copyrightinfringement; and

(f) the economic viability of the provision

ofthe service if it were not used to enableactsof copyright infringement.

R.S., c. 10(4th Supp.), s. 6

15. Section 28.1 of the Act is replaced

bythe following:R.S., c. 10 (4th

Supp.), s. 6

19. Section 28.1 of the Act is replaced

bythe following:

Infringementgenerally

28.1Any act or omission that is contrarytoany of the moral rights of the author ofa workor of the performer of aperformers performance is, in the

absence of theauthors orperformersconsent, an infringement ofthoserights.

Infringementgenerally

28.1 Any act or omission that is contrarytoany of the moral rights of the author ofa workor of the performer of aperformers performance is, in theabsence of the authors or performers

consent, an infringement of thoserights.

R.S., c. 10(4th Supp.), s. 6

16. The portion of subsection 28.2(1) of

the Act before paragraph (a) is replaced

bythe following:

R.S., c. 10 (4th

Supp.), s. 6

20. The portion of subsection 28.2(1) of

the Act before paragraph (a) is replaced

bythe following:

Nature of rightof integrity

28.2(1) The authorsor performers righttothe integrity of a workor performersperformance is infringed only if the work

or theperformance is, to the prejudice ofits authorsor performers honour orreputation,

Nature of rightof integrity

28.2 (1) The authors or performers rightto the integrity of a work or performersperformance is infringed only if the workor the performance is, to the prejudice of

its authors orperformers honour or reputation,

1997, c. 24, s.18(1)

21. Section 29 of the Act is replaced by


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the following:

Research,private study,etc.

29. Fair dealing for the purpose of

research,private study, education, parodyor satire doesnot infringe copyright.


following after section 29.2:

Non-commercial User-generated Content

Non-

commercialuser-generated

content

29.21 (1) It is not an infringement ofcopyright for an individual to use an

existing workor other subject-matter orcopy of one, whichhas been published orotherwise made availableto the public, inthe creation of a new work orothersubject-matter in which copyright subsists

and for the individual or, with theindividuals authorization, a member of

their household to use the new work or other subject-

matteror to authorize an intermediary todisseminateit, if

(a) the use of, or the authorization todisseminate, the new work or othersubject-matter is done solely for non-

commercial purposes;

(b) the source and, if given in the

source,the name of the author, performer,

maker orbroadcaster of the existing work or

othersubject-matter or copy of it arementioned, ifit is reasonable in thecircumstances to do so;

(c) the individual had reasonable grounds

tobelieve that the existing work or othersubject-matter or copy of it, as the case

may be,was not infringing copyright; and

(d) the use of, or the authorization todisseminate, the new work or other

subject-matter does not have a substantialadverse effect,financial or otherwise, on the exploitation

orpotential exploitation of the existingwork orother subject-matter or copyof it or onan existing or potentialmarket for it, including that the new work

or other subject-matteris not a substitutefor the existing one.


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Definitions (2) The following definitions apply insubsection (1).

intermediary intermediary means a person or entity

whoregularly provides space or meansfor works orother subject-matter to beenjoyed by the public.

use use means to do anything that by thisAct theowner of the copyright has thesole right to do,other than the right toauthorize anything.


following after section 29.2:

Reproduction onto Another Medium or

DeviceReproduction for Private Purposes

Reproductiononto another

medium ordevice

29.21(1) It is not an infringement ofcopy-right for an individual to reproduce

a work orother subject-matter that is aphotograph or iscontained in a book,newspaper, periodical orvideocassette, orany substantial part of such awork orother subject-matter, onto another

medium or device, if the following

conditionsare met:

Reproductionfor private

purposes

29.22 (1) It is not an infringement ofcopyright for an individual to reproduce a

work orother subject-matter or anysubstantial part of awork or other subject-matter if

(a) the copy of the work or other subject-

matter of which the reproduction is made

isnot an infringing copy;

(a) the copy of the work or other subject-matter from which the reproduction is

madeis not an infringing copy;

(b) the individual legally obtained the

photograph, book, newspaper, periodicalor videocassette, otherwise than by

borrowing it orrenting it, and owns themedium or device onwhich it isreproduced;


copyof the work or other subject-matterfromwhich the reproduction is made,other thanby borrowing it or renting it,and owns or isauthorized to use themedium or device onwhich it isreproduced;

(c) the individual, in order to make the

reproduction, did not circumvent atechnological measure or cause one to be

circumvented,within the meanings of thedefinitionscircumventand

technological measurein section 41;

(c) the individual, in order to make thereproduction, did not circumvent, as

defined insection 41, a technologicalprotection measure, as defined in that

section, or cause oneto be circumvented;

(d) the individual

(i) reproduces the work or other subject-

matter no more than once for each device

that the individual owns, whether the

reproduction is made directly onto the

device or is made onto a medium that is to

be used with the device, and


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(ii) prints no more than one copy of the

work, if the work is in digital form;

(e) the individual does not give the

reproduction away; and(d) the individual does not give the

reproduction away; and

(f) the reproduction is used only for

privatepurposes.(e) the reproduction is used only for

privatepurposes.

Meaning ofmedium ordevice

(2) For the purposes of paragraph (1)(b), a

medium or device includes digital

memory inwhich a work or subject-matter may be storedfor the purpose ofallowing the telecommunication of the

work or other subject-matter throughtheInternet or other digital network.

Limitation audio

recordingmedium

(3) In the case of a work or other subject-matter that is a musical work embodied in

asound recording, a performersperformance ofa musical work embodied

in a sound recordingor a sound recording in which a musical

workor a performers performance of amusicalwork is embodied, subsection (1)does not apply if the reproduction is made

onto an audiorecording medium asdefined in section 79.

Contract

prevailsin case ofinconsistency

(2) If the individual has downloaded the

work or other subject-matter from the

Internetand is bound by a contract thatgoverns theextent to which the individual

may reproducethe work or other subject-matter, the contractprevails oversubsection (1) to the extent of any

inconsistency between them.

Limitationdestruction ofreproductions

(3) Subsection (1) does not apply if the

individual gives away, rents or sells the

photograph, book, newspaper, periodical

orvideocassette without first destroyingall reproductions of the work or other

subject-matter thatthe individual hasmade under that subsection.

Limitation destruction ofreproductions

(4) Subsection (1) does not apply if theindividual gives away, rents or sells the

copy of thework or other subject-matterfrom which the reproduction is made

without first destroying allreproductionsof that copy that the individualhas madeunder that subsection.

Limitationpurpose ofreproduction


reproduction is made for the purpose of

doingany of the following in relation tothe work orother subject-matter:

(a) selling or renting out, or by way of

tradeexposing or offering for sale orrental;

(b) distributing, whether or not for the


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purpose of trade;

(c) communicating to the public by

telecommunication; or

(d) performing, or causing to be

performed,in public.

Reproduction

ofmusic

29.22(1) It is not an infringement ofcopyright for an individual to reproduceonto amedium or device a musical workembodied ina sound recording, aperformers performance ofa musicalwork embodied in a sound recording,or asound recording in which a musical work

ora performers performance of amusical work isembodied, or anysubstantial part of such a workor othersubject-matter, if the following conditions

are met:

(a) the sound recording is not an

infringingcopy;


soundrecording, otherwise than byborrowing it orrenting it, and owns themedium or device onwhich it isreproduced;

(c) the individual, in order to make the

reproduction, did not circumvent atechnological measure or cause one to be

circumvented,within the meanings of thedefinitionscircumventandtechnological measurein section 41;

(d) the individual reproduces the sound

recording no more than once for each

devicethat the individual owns, whetherthe reproduction is made directly onto the

device or ismade onto a medium that is tobe used withthe device;

(e) the individual does not give the

reproduction away; and

(f) the reproduction is used only forprivatepurposes.

Contract

prevailsin case ofinconsistency

(2) If the individual has downloaded the

sound recording from the Internet and is

boundby a contract that governs theextent to whichthe individual mayreproduce the sound recording, the

contract prevails over subsection (1) to

the extent of any inconsistency between


22/70

them.

LimitationPart VIII

applies


reproduction is made onto a medium that

isgoverned by Part VIII.

Limitationdestruction ofreproductions


individual gives away, rents or sells the

soundrecording without first destroyingall reproductions of it that the individual

has made underthat subsection.



reproduction is made for the purpose of

doingany of the following in relation tothe musicalwork, performersperformance or sound recording:




purpose of trade;





Fixing Signals and Recording Programs

forLater Listening or Viewing

Fixing Signals and Recording Programs

forLater Listening or ViewingReproduction

forlaterlistening orviewing

29.23(1) It is not an infringement ofcopyright for an individual to fix a

communicationsignal, to reproduce awork or sound recordingthat is beingbroadcast or to fix or reproduce a

performers performance that is being

broadcast,in order to record a programfor the purpose oflistening to or watchingit later, if the followingconditions aremet:

Reproductionfor laterlistening orviewing

29.23 (1) It is not an infringement ofcopyright for an individual to fix a

communicationsignal, to reproduce awork or sound recordingthat is beingbroadcast or to fix or reproduce a

performers performance that is beingbroadcast, in order to record a programfor the purpose of listening to or viewing

it later, if

(a) the individual receives the programlegally;

(a) the individual receives the programlegally;

(b) the individual, in order to record the

program, did not illegally circumvent a

technological measure or cause one to be

illegally circumvented, within the

meaningsof the definitionscircumventandtechnological measurein section41;

(b) the individual, in order to record theprogram, did not circumvent, as definedin section 41, a technological protection

measure,as defined in that section, orcause one to becircumvented;


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(c) the individual makes no more than one

recording of the program;(c) the individual makes no more than one

recording of the program;

(d) the individual keeps the recording no

longer than necessary in order to listen to

orwatch the program at a moreconvenient time;

(d) the individual keeps the recording no

longer than is reasonably necessary in

orderto listen to or view the program at a more

convenient time;(e) the individual does not give the

recordingaway; and(e) the individual does not give the

recording away; and

(f) the recording is used only for private

purposes.

(f) the recording is used only for privatepurposes.

Contract

prevailsin caseof

inconsistency

video-on-demand

services

(2) If the individual receives the program

under a video-on-demand service and is

boundby a contract that governs theextent to whichthe individual may recordit, the contractprevails over subsection

(1) to the extent ofany inconsistencybetween them.

Limitation (2) Subsection (1) does not apply if theindividual receives the work, performersperformance or sound recording under an

on-demandservice.

LimitationInternetsimulcast

(3) Subsection (1) does not apply to the

recording of a program that is

communicatedover the Internet, unless itis communicatedsimultaneously via radioor television.



program is recorded for the purpose of

doingany of the following in relation tothe program:




purpose of trade;





Exceptionnetworkpersonalvideorecorder

services

(5) Nothing in subsection (1) authorizes

therecording of programs under anetwork personalvideo recorder service.

Definitions (6) The following definitions apply in thissection.

Definitions (3) The following definitions apply in this

section.

broadcast broadcasthas the same meaning as inthedefinitionbroadcastingin

broadcast broadcast means any transmission of aworkor other subject-matter by


24/70

subsection 2(1) oftheBroadcasting Act. telecommunicationfor reception by thepublic, but does not includeatransmission that is made solely for

performance in public.

networkpersonal video

recorderservice

network personal video recorder service

means a service that allows a person to

storerecordings of programs in a serviceprovidersnetworked facility in order toaccess them at anytime.

video-on-demand

service

video-on-demand servicemeans aservice thatallows a person to receiveprograms at times ofhis or her choosing.

on-demandservice

on-demand service means a service thatallows a person to receive works,

performersperformances and soundrecordings at times oftheir choosing.

Backup Copies

Backup copies 29.24 (1) It is not an infringement ofcopyright in a work or other subject-

matter for aperson who owns or has alicence to use a copy of the work orsubject-matter (in thissection referred toas the source copy) to reproduce thesource copy if

(a) the person does so solely for backuppurposes in case the source copy is lost,

damaged or otherwise rendered unusable;

(b) the source copy is not an infringing

copy;

(c) the person, in order to make thereproduction, did not circumvent, as

defined insection 41, a technological protectionmeasure, as defined in that section, or

cause oneto be circumvented; and

(d) the person does not give any of the

reproductions away.

Backup copybecomes

sourcecopy

(2) If the source copy is lost, damaged or

otherwise rendered unusable, one of thereproductions made under subsection (1)

becomesthe source copy.

Destruction

(3) The person shall immediately destroyallreproductions made under subsection(1) afterthe person ceases to own, or tohave a licenceto use, the source copy.

1997, c. 24, s.18(1)

23. (1) Subsection 29.4(1) of the Act is


Reproductionfor instruction

29.4 (1) It is not an infringement ofcopyright for an educational institution or

a personacting under its authority for the


25/70

purposes ofeducation or training on itspremises to reproduce a work, or do any

other necessary act, inorder to display it.

(2) Subsection 29.4(3) of the Act is


If workcommerciallyavailable

(3) Except in the case of manual

reproduction, the exemption fromcopyright infringement provided by

subsections (1) and (2) doesnot apply ifthe work or other subject-matter is

commercially available, within the

meaning ofparagraph (a) of the definitioncommerciallyavailable in section 2, in a medium thatis appropriate for the purposes referred to

in thosesubsections.

1997, c. 24, s.18(1)

24. (1) Paragraph 29.5(b) of the Act is


(b) the performance in public of a sound

recording, or of a work or performersperformance that is embodied in a soundrecording, as long as the sound recording

is not aninfringing copy or the personresponsible forthe performance has noreasonable groundsto believe that it is aninfringing copy;

(2) Section 29.5 of the Act is amended

byadding and at the end of

paragraph (c)and by adding the following after that

paragraph:

d) the performance in public of acinematographic work, as long as the

work is not aninfringing copy or theperson responsible forthe performancehas no reasonable groundsto believe thatit is an infringing copy.

1997, c. 24, s.18(1)

25. (1) The portion of subsection 29.6(1)

of the Act before paragraph (a) is


News andcommentary

29.6 (1) It is not an infringement ofcopyright for an educational institution or

a personacting under its authority to

1997, c. 24, s.18(1)

(2) Paragraph 29.6(1)(b) of the Act isreplaced by the following:

(b) perform the copy in public before anaudience consisting primarily of students


26/70

of theeducational institution on itspremises for educational or trainingpurposes.

1997, c. 24, s.18(1)

(3) Subsection 29.6(2) of the Act isrepealed.

1997, c. 24, s.18.

26. Paragraph 29.9(1)(a) of the Act is

repealed.



1997, ch. 24,par. 18(1)



Definition of

lesson30.01(1) For the purposes of this section,lessonmeans a lesson, test orexamination, orpart of one, in which, orduring the course ofwhich, an act is donein respect of a work orother subject-matter by an educational institution or a

person acting under its authority that

would otherwise be an infringement ofcopyright but is permitted under any of

sections 29.4to 29.6 and subsection29.7(3).

Meaning oflesson

30.01 (1) For the purposes of this section,

lesson means a lesson, test or

examination, orpart of one, in which, or during the course

ofwhich, an act is done in respect of awork orother subject-matter by an educational

institution or a person acting under itsauthority thatwould otherwise be aninfringement of copyright but is permittedunder a limitation or exception under thisAct.

Application (2) This section does not apply so as topermit any act referred to in paragraph (3)

(a),(b) or (c) with respect to a work orother subject-matter whose use in the

lesson constitutes aninfringement ofcopyright or for whose use inthe lesson

the consent of the copyright owner isrequired.

Application (2) This section does not apply so as topermit any act referred to in paragraph (3)

(a), (b)or (c) with respect to a work orother subject-matter whose use in the

lesson constitutes aninfringement ofcopyright or for whose use inthe lessonthe consent of the copyright owner is

required.

Communicatio

nby telecom-munication

(3) Subject to subsection (5), it is not an

infringement of copyright for an

educationalinstitution or a person actingunder its authority

Communicatio

nby

telecommuni-cation

(3) Subject to subsection (6), it is not aninfringement of copyright for aneducational institution or a person actingunder its authority

(a) to communicate a lesson to the public

bytelecommunication for educational ortrainingpurposes, if that public consistsonly ofstudents who are enrolled in acourse ofwhich the lesson forms a part orof otherpersons acting under theauthority of theeducational institution;

(a) to communicate a lesson to the public

bytelecommunication for educational ortraining purposes, if that public consists

only ofstudents who are enrolled in acourse ofwhich the lesson forms a part or

of other persons acting under the authorityof the educational institution;

(b) to make a fixation of the lesson for the

purpose of the act referred to in paragraph

(a); or

(b) to make a fixation of the lesson for the

purpose of the act referred to in paragraph

(a); or

(c) to do any other act that is necessary

forthe purpose of the acts referred to inparagraphs (a) and (b).


forthe purpose of the acts referred to inparagraphs (a) and (b).


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Participation by

telecommunica

-tion

(4) For the purposes of sections 29.4 to

29.6and subsection 29.7(3), a studentwho isenrolled in a course of which thelesson formsa part is deemed to be aperson on the premisesof the educationalinstitution when the studentparticipates in

or receives the lesson by meansofcommunication by telecommunicationunderparagraph (3)(a).

Participation

bytelecommunica

-tion

(4) A student who is enrolled in a course

ofwhich the lesson forms a part isdeemed to be aperson on the premises ofthe educational institution when thestudent participates in or receives the

lesson by means of communicationbytelecommunication under paragraph (3)

(a).

Reproducinglessons

(5) It is not an infringement of copyright

fora student who has received a lesson bymeansof communication by telecommunication

underparagraph (3)(a) to reproduce the lessonin order to be able to listen to or view it at

a moreconvenient time. However, the student

shall destroy the reproduction within 30days after theday on which the studentswho are enrolled inthe course to whichthe lesson relates have received their final

course evaluations.

Conditions (5) The educational institution and anyperson acting under its authority, except a

student, shall

Conditions 6) The educational institution and anyperson acting under its authority, except a

student,shall

(a) destroy any fixation of the lesson

within30 days after the day on which thestudentswho are enrolled in the course

have receivedtheir final courseevaluations;

(a) destroy any fixation of the lesson

within30 days after the day on which thestudentswho are enrolled in the course to

which thelesson relates have receivedtheir final courseevaluations;

(b) take measures that can reasonably be

expected to limit the communication by

telecommunication of the lesson to the

persons referred to in paragraph (3)(a);

(b) take measures that can reasonably be

expected to limit the communication by

telecommunication of the lesson to the

persons referred to in paragraph (3)(a);

(c) take, in relation to the communication

bytelecommunication of the lesson indigitalform, measures that can reasonablybeexpected to prevent the students from

fixingor reproducing the lesson, orcommunicatingit other than as they maydo under thissection; and

(c) take, in relation to the communication

bytelecommunication of the lesson indigitalform, measures that can reasonablybe expected to prevent the students from

fixing,reproducing or communicating the lessonother than as they may do under this

section;and

(d) take, in relation to a communication

bytelecommunication in digital form, anymeasure prescribed by regulation that is

applicablein the circumstances.

(d) take, in relation to a communication

bytelecommunication in digital form, anymeasure prescribed by regulation.

Exception 30.02(1) Subject to subsections (3) to (5), Exception 30.02 (1) Subject to subsections (3) to (5),


28/70

digitalreproduction of

works

itis not an infringement of copyright foraneducational institution that has areprographicreproduction licence underwhich the institutionis authorized tomake reprographic reproductions of

works in a collective societys repertoire

for an educational or training purpose

digitalreproduction of

works

it is not an infringement of copyright foran educational institution that has areprographic reproduction licence under

which the institutionis authorized tomake reprographic reproductions ofworks in a collective societys repertoirefor an educational or training purpose

(a) to make a digital reproductionofthesame general nature and extent as thereprographic reproduction authorized

underthe licenceof a paper form ofany of thoseworks;

(a) to make a digital reproduction of

thesame general nature and extent as thereprographic reproduction authorizedunder the licence of a paper form of

any of thoseworks;

(b) to communicate the digital

reproductionby telecommunication for aneducational ortraining purpose to personsacting under theauthority of theinstitution; or

(b) to communicate the digital

reproductionby telecommunication for aneducational ortraining purpose to personsacting under theauthority of the institution; or


forthe purpose of the act s referred to inparagraphs (a) and (b).

(c) to do any other act that is necessary for

the purpose of the acts referred to inparagraphs (a) and (b).

Exception (2) Subject to subsections (3) to (5), it isnotan infringement of copyright for aperson actingunder the authority of theeducational institutionto whom the workhas been communicatedunder paragraph(1)(b) to print one copy of thework.

Exception (2) Subject to subsections (3) to (5), it is

notan infringement of copyright for aperson acting under the authority of theeducational institution to whom the workhas been communicated under paragraph

(1)(b) to print one copy ofthe work.

Conditions (3) An educational institution that makes a

digital reproduction of a work underparagraph(1)(a) shall

Conditions (3) An educational institution that makes a

digital reproduction of a work underparagraph(1)(a) shall

(a) pay to the collective society, with

respectto all the persons to whom thedigitalreproduction is communicated bythe institution under paragraph (1)(b), the

royalties thatwould be payable if onereprographic reproduction were

distributed by the institution toeach ofthose persons, and comply with the

licence terms and conditions applicable to

areprographic reproduction to the extentthatthey are reasonably applicable to adigitalreproduction;

(a) pay to the collective society, with

respectto all the persons to whom thedigital reproduction is communicated by

the institutionunder paragraph (1)(b), the royalties that

would be payable if one reprographicreproduction were distributed by the

institution toeach of those persons, andcomply with thelicence terms andconditions applicable to areprographicreproduction to the extent thatthey arereasonably applicable to a digital

reproduction;

(b) take measures to prevent the digital

reproduction from being communicated

bytelecommunication to any persons whoarenot acting under the authority of theinstitution;

(b) take measures to prevent the digitalreproduction from being communicated

bytelecommunication to any persons whoarenot acting under the authority of theinstitution;


29/70

(c) take measures to prevent a person to

whom the work has been communicated

under paragraph (1)(b) from printing

morethan one copy, and to prevent anyotherreproduction or communication ofthe digitalreproduction; and

(c) take measures to prevent a person to

whom the work has been communicatedunder paragraph (1)(b) from printing

more thanone copy, and to prevent anyother reproduction or communication of

the digital reproduction; and

(d) take any measure prescribed byregulation that is applicable in the

circumstances.

(d) take any measure prescribed byregulation.

Restriction (4) An educational institution may notmakea digital reproduction of a workunder paragraph(1)(a) if

Restriction (4) An educational institution may not

makea digital reproduction of a workunder paragraph (1)(a) if

(a) the institution has entered into a digital

reproduction agreement respecting the

workwith a collective society underwhich theinstitution may make a digitalreproduction ofthe work, may

communicate the digitalreproduction bytelecommunication to persons acting

under the authority of theinstitution andmay permit those persons toprint at leastone copy of the work;

a) the institution has entered into a digital

reproduction agreement respecting the

workwith a collective society underwhich the institution may make a digital

reproduction ofthe work, may

communicate the digital reproduction bytelecommunication to personsactingunder the authority of the institutionandmay permit those persons to print at least

one copy of the work;

(b) there is a tariff certified under section

70.15 that is applicable to the digital

reproduction of the work, to thecommunication of the digital reproductionby telecommunication to persons acting

under theauthority of the institution and

to the printingby those persons of at leastone copy of thework; or

(b) there is a tariff certified under section

70.15 that is applicable to the digitalreproduction of the work, to the

communication ofthe digital reproductionby telecommunication to persons acting

under the authority ofthe institution and

to the printing by thosepersons of at leastone copy of the work; or

(c) the institution has been informed by

thecollective society that is authorized toenterinto reprographic agreements withrespect tothe work that the owner of thecopyright inthe work has informed it,under subsection(5), that the ownerrefuses to authorize thecollective societyto enter into a digitalreproductionagreement with respect to thework.

(c) the institution has been informed by

thecollective society that is authorized toenterinto reprographic agreements withrespect tothe work that the owner of thecopyright inthe work has informed it,under subsection(5), that the owner refuses to authorize the

collective society to enter into a digitalreproduction agreement with respect to

thework.

Restriction (5) If the owner of the copyright in a workinforms the collective society that is

authorizedto enter into reprographicagreements withrespect to the work thatthe owner refuses toauthorize it to enterinto digital reproduction agreements with

respect to the work, thecollective society

Restriction (5) If the owner of the copyright in a work

informs the collective society that is

authorizedto enter into reprographicagreements with respect to the work thatthe owner refuses to authorize it to enter

into digital reproductionagreements withrespect to the work, the collective societyshall inform the educational institutions


30/70

shall inform the educationalinstitutionswith which it has entered into

reprographic reproduction agreements

withrespect to the work that they are notpermittedto make digital reproductionsunder subsection(1).

with which it has entered intoreprographic reproduction agreements

with respect to thework that they are notpermitted to make digitalreproductionsunder subsection (1).

Deemingprovision

(6) The owner of the copyright in a workwho, in respect of the work, has

authorized acollective society to enterinto a reprographicreproductionagreement with an educationalinstitutionis deemed to have authorized thesocietyto enter into a digital reproduction

agreement with the institutionsubjecttothe same restrictions as a reprographicreproduction agreementunless theowner hasrefused to give this

authorization under subsection (5) or hasauthorized another collectivesociety toenter into a digital reproduction

agreement with respect to the work.

Deemingprovision

(6) The owner of the copyright in a workwho, in respect of the work, has

authorized acollective society to enterinto a reprographicreproductionagreement with an educational institutionis deemed to have authorized the societyto enter into a digital reproductionagreement with the institution subject

to the samerestrictions as a reprographicreproductionagreement unless the owner has

refused togive this authorization under

subsection (5) orhas authorized anothercollective society to enter into a digital

reproduction agreement withrespect tothe work.

Maximumamount that

maybe recovered

(7) In proceedings against an educational

institution for making a digital

reproduction of apaper form of a work,or for communicatingsuch a reproductionby telecommunication foran educationalor training purpose to personsactingunder the authority of the institution, the

owner of the copyright in the work maynotrecover an amount more than

Maximumamount that

mayberecovered

(7) In proceedings against an educationalinstitution for making a digital

reproduction of apaper form of a work, orfor communicating such a reproduction by

telecommunication foran educational ortraining purpose to personsacting underthe authority of the institution, theowner of the copyright in the work may

not recover an amount more than

(a) in the case where there is a digital

reproduction licence that meets the

conditionsdescribed in paragraph (4)(a)in respect of theworkor, if none existsin respect of thework, in respect of awork of the samecategorythe amountof royalties thatwould be payable underthat licence inrespect of those acts or, ifthere is more thanone applicable licence,

the greatest amount ofroyalties payableunder any of those licences;and

(a) in the case where there is a digitalreproduction licence that meets theconditions described in paragraph (4)(a)

in respect of thework or, if none existsin respect of thework, in respect of awork of the same category the amount

of royalties that wouldbe payable underthat licence in respect ofthose acts or, ifthere is more than one applicable licence,the greatest amount of royalties payable

under any of those licences; and

(b) in the case where there is no licence

described in paragraph (a) but there is a

reprographic reproduction licence in

respectof the workor, if none exists inrespect ofthe work, in respect of a workof the samecategorythe amount ofroyalties thatwould be payable under that

(b) in the case where there is no licencedescribed in paragraph (a) but there is areprographic reproduction licence in

respect of thework or, if none exists inrespect of thework, in respect of a workof the same category the amount of

royalties that wouldbe payable under that


31/70

licence inrespect of those acts or, if thereis more thanone applicable licence, thegreatest amount ofroyalties payableunder any of those licences.

licence in respect ofthose acts or, if thereis more than one applicable licence, thegreatest amount of royalties payable underany of those licences.

No damages (8) The owner of the copyright in a workmay not recover any damages against a

personacting under the authority of theeducationalinstitution who, in respect ofa digital reproduction of the work that is

communicated to theperson bytelecommunication, prints one copyof thework if, at the time of the printing, it was

reasonable for the person to believe that

thecommunication was made inaccordance withparagraph (1)(b).

No damages (8) The owner of the copyright in a work

may not recover any damages against a

personacting under the authority of theeducational institution who, in respect of adigital reproduction of the work that is

communicated to theperson bytelecommunication, prints one copyof thework if, at the time of the printing, it was

reasonable for the person to believe that

thecommunication was made inaccordance withparagraph (1)(b).

Royaltiesdigital

reproductionagreement

30.03(1) If an educational institution haspaid royalties to a collective society for

thedigital reproduction of a work underparagraph30.02(3)(a) and afterwards theinstitution entersinto a digitalreproduction agreement describedinparagraph 30.02(4)(a) with any collective

society,

Royalties digital

reproductionagreement

30.03 (1) I

c-61 - c-32 comparison (no annotation) english

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