Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Infringement in case of dramatic, operatic or musical work

• 43 (1) Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.

• Marginal note:Change or suppression of title or author’s name

  (2) Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

Limitation or Prescription Period

Marginal note:Limitation or prescription period for civil remedies

• 43.1 (1) Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary to this Act only if

  • (a) the proceedings for the act or omission giving rise to a remedy are commenced within three years after it occurred, in the case where the plaintiff knew, or could reasonably have been expected to know, of the act or omission at the time it occurred; or

  • (b) the proceedings for the act or omission giving rise to a remedy are commenced within three years after the time when the plaintiff first knew of it, or could reasonably have been expected to know of it, in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the act or omission at the time it occurred.

• Marginal note:Restriction

  (2) The court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.

Importation and Exportation

Interpretation

Marginal note:Definitions

44 The following definitions apply in sections 44.02 to 44.4.

court

court means the Federal Court or the superior court of a province. (tribunal)

customs officer

customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes)

duties

duties has the same meaning as in subsection 2(1) of the Customs Act. (droits)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

release

release has the same meaning as in subsection 2(1) of the Customs Act. (dédouane­ment)

working day

working day means a day other than a Saturday or a holiday. (jour ouvrable)

Prohibition and Detention by Customs Officer

Prohibition

Marginal note:Prohibition on importation or exportation

• 44.01 (1) Copies of a work or other subject-matter in which copyright subsists shall not be imported or exported if

  • (a) they were made without the consent of the owner of the copyright in the country where they were made; and

  • (b) they infringe copyright or, if they were not made in Canada, they would infringe copyright had they been made in Canada by the person who made them.

• Marginal note:Exception

  (2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use.

Request for Assistance

Marginal note:Request for assistance

• 44.02 (1) The owner of copyright in a work or other subject-matter may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to copies imported or exported in contravention of section 44.01.

• Marginal note:Information in request

  (2) The request for assistance shall include the copyright owner’s name and address in Canada and any other information that is required by the Minister, including information about the work or other subject-matter in question.

• Marginal note:Validity period

  (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the copyright owner, extend the period for two years, and may do so more than once.

• Marginal note:Security

  (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the copyright owner furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the copyright owner becomes liable under section 44.07.

• Marginal note:Update

  (5) The copyright owner shall inform the Minister in writing, as soon as practicable, of any changes to

  • (a) the subsistence of the copyright that is the subject of the request for assistance; or

  • (b) the ownership of that copyright.

Measures Relating to Detained Copies

Marginal note:Provision of information by customs officer

44.03 A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act may, in the officer’s discretion, to obtain information about whether the importation or exportation of the copies is prohibited under section 44.01, provide the owner of copyright in that work or subject-matter with a sample of the copies and with any information about the copies that the customs officer reasonably believes does not directly or indirectly identify any person.

Marginal note:Provision of information to pursue remedy

• 44.04 (1) A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the copies is prohibited under section 44.01 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to the work or subject-matter filed by the owner of copyright in it, provide that owner with a sample of the copies and with information about the copies that could assist them in pursuing a remedy under this Act, such as

  • (a) a description of the copies and of their characteristics;

  • (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;

  • (c) their quantity;

  • (d) the countries in which they were made and through which they passed in transit; and

  • (e) the day on which they were imported, if applicable.

• Marginal note:Detention

  (2) Subject to subsection (3), the customs officer shall not detain, for the purpose of enforcing section 44.01, the copies for more than 10 working days  —  or, if the copies are perishable, for more than five days  —  after the day on which the customs officer first sends or makes available a sample or information to the copyright owner under subsection (1). At the request of the copyright owner made while the copies are detained for the purpose of enforcing section 44.01, the customs officer may, having regard to the circumstances, detain non-perishable copies for one additional period of not more than 10 working days.

• Marginal note:Notice of proceedings

  (3) If, before the copies are no longer detained for the purpose of enforcing section 44.01, the owner of copyright has provided the Minister, in the manner specified by the Minister, with a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained copies, the customs officer shall continue to detain them until the Minister is informed in writing that

  • (a) the proceedings are finally disposed of, settled or abandoned;

  • (b) a court directs that the copies are no longer to be detained for the purpose of the proceedings; or

  • (c) the copyright owner consents to the copies no longer being so detained.

• Marginal note:Continued detention

  (4) The occurrence of any of the events referred to in paragraphs (3)(a) to (c) does not preclude a customs officer from continuing to detain the copies under the Customs Act for a purpose other than the proceedings.

Marginal note:Restriction on information use  — section 44.03

• 44.05 (1) A person who receives a sample or information that is provided under section 44.03 shall not use the information, or information that is derived from the sample, for any purpose other than to give information to the customs officer about whether the importation or exportation of the copies is prohibited under section 44.01.

• Marginal note:Restriction on information use  — subsection 44.04(1)

  (2) A person who receives a sample or information that is provided under subsection 44.04(1) shall not use the information, or information that is derived from the sample, for any purpose other than to pursue remedies under this Act.

• Marginal note:For greater certainty

  (3) For greater certainty, subsection (2) does not prevent the confidential communication of information about the copies for the purpose of reaching an out-of-court settlement.

Marginal note:Inspection

44.06 After a sample or information has been provided under subsection 44.04(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained copies and the owner of copyright an opportunity to inspect the copies.

Marginal note:Liability for charges

• 44.07 (1) The owner of copyright who has received a sample or information under subsection 44.04(1) is liable to Her Majesty in right of Canada for the storage and handling charges for the detained copies  —  and, if applicable, for the charges for destroying them  —  for the period beginning on the day after the day on which a customs officer first sends or makes available a sample or information to that owner under that subsection and ending on the first day on which one of the following occurs:

  • (a) the copies are no longer detained for the purpose of enforcing section 44.01 or, if subsection 44.04(3) applies, for the purpose of the proceedings referred to in that subsection;

  • (b) the Minister receives written notification in which the owner states that the importation or exportation of the copies does not, with respect to the owner’s copyright, contravene section 44.01;

  • (c) the Minister receives written notification in which the owner states that they will not, while the copies are detained for the purpose of enforcing section 44.01, commence proceedings to obtain a remedy under this Act with respect to them.

• Marginal note:Exception   — paragraph (1)(a)

  (2) Despite paragraph (1)(a), if the copies are forfeited under subsection 39(1) of the Customs Act and the Minister did not, before the end of the detention of the copies for the purpose of enforcing section 44.01, receive a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained copies or the written notification referred to in paragraph (1)(b) or (c), the period ends on the day on which the copies are forfeited.

• Marginal note:Exception  — paragraph (1)(c)

  (3) Despite paragraph (1)(c), if the copies are forfeited under subsection 39(1) of the Customs Act after the Minister has received the written notification referred to in that paragraph, the period ends on the day on which the copies are forfeited.

• Marginal note:Joint and several or solidary liability

  (4) The owner and the importer or exporter of copies that are forfeited in the circumstances set out in subsection (2) or (3) are jointly and severally, or solidarily, liable to the owner of copyright for all the charges under subsection (1) paid by the copyright owner with respect to the period

  • (a) in the circumstances referred to in subsection (2), beginning on the day on which the copies are no longer detained for the purpose of enforcing section 44.01 and ending on the day on which the copies are forfeited; and

  • (b) in the circumstances referred to in subsection (3), beginning on the day on which the Minister receives the written notification referred to in paragraph (1)(c) and ending on the day on which the copies are forfeited.

• Marginal note:Exception

  (5) Subsections (1) to (3) do not apply if

  • (a) the detention of the copies for the purpose of enforcing section 44.01 ends before the expiry of 10 working days  —  or, if the copies are perishable, before the expiry of five days  —  after the day on which the customs officer first sends or makes available a sample or information to the copyright owner under subsection 44.04(1); and

  • (b) the Minister has not, by the end of the detention, received a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained copies or the written notification referred to in paragraph (1)(b) or (c).