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An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities) (S.C. 2016, c. 4)

Assented to 2016-06-22

R.S., c. C-42Copyright Act (continued)

 The Act is amended by adding the following after section 32.01:

Definition of non-profit organization

32.02 In sections 32 and 32.01, non-profit organization includes a department, agency or other portion of any order of government, including a municipal or local government, when it is acting on a non-profit basis.

Marginal note:2012, c. 20, s. 47

 Section 41.16 of the Act is replaced by the following:

Marginal note:Persons with perceptual disabilities

  • 41.16 (1) Paragraph 41.1(1)(a) does not apply to a person with a perceptual disability, to another person acting at their request or to a non-profit organization, as defined in section 32.02, acting for their benefit, if that person or organization circumvents a technological protection measure solely for one or more of the following purposes:

    • (a) to make a work, a performer’s performance fixed in a sound recording or a sound recording perceptible to the person with a perceptual disability;

    • (b) to permit a person, or a non-profit organization referred to in subsection 32(1), to benefit from the exception set out in section 32;

    • (c) to permit a non-profit organization referred to in subsection 32.01(1) to benefit from the exception set out in section 32.01.

  • Marginal note:Services, technology, device or component

    (2) Paragraphs 41.1(1)(b) and (c) do not apply to a person who offers or provides services to persons or non-profit organizations referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the sole purpose of enabling those persons or non-profit organizations to circumvent a technological protection measure in accordance with that subsection.

 

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