C-61 - C-32 Comparison (With Annotations) English

8/9/2019 C-61 - C-32 Comparison (With Annotations) English

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C-61 C-32 Comments

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

ActAn Act to amend the Copyright

Act

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

THE MINISTER OF

INDUSTRYMINISTER OF INDUSTRY

SUMMARY SUMMARY

This enactment amends theCopyrightActin order to

This enactment amends theCopyrightActto

(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 addressthechallenges and opportunities oftheInternet, so as to be in line with

international standards;

(b) clarify the liability of Internet service

providers;(b) clarify Internet service providersliability and make the enabling of on-linecopyright 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 educationalmaterial and access to publiclyavailable material on the Internet;

(c) permit businesses, educators andlibraries to make greater use of copyrightmaterial in digital form;

(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 give photographers thesame rights as 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 ofCanada Web Site at the following

address:http://www.parl.gc.ca

Also available on the Parliament ofCanada 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

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


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CANADA CANADA

BILL C-61 BILL C-32

An Act to amend the Copyright

ActAn Act to amend the CopyrightAct

Whereas theCopyright Actis animportantmarketplaceframework law and cultural

policyinstrument that, throughclear, predictable andfair rules,supports creativity and

innovation andaffects manysectors of the knowledge

economy;

Whereas the Copyright Act is an

importantmarketplaceframework law and cultural

policyinstrument that, throughclear, predictable andfair rules,supports creativity and

innovationand affects manysectors of the knowledge

economy;

Whereas advancements in and

convergenceof the information

and communicationstechnologies that link

communities around the world

present opportunities and

challenges that areglobal inscope for the creation and use of

copyright works or other

subject-matter;

Whereas advancements in and

convergenceof the information

and communicationstechnologies that link

communities around theworldpresent opportunities and

challenges thatare global inscope for the creation and use of

copyright works or other

subject-matter;

Whereas in the current digital

era copyrightprotection isenhanced when countries adoptcoordinated approaches, basedon internationally recognized

norms;

Whereas in the current digital

era copyrightprotection isenhanced when countries adopt

coordinated approaches, basedon internationally recognized

norms;

Whereas such norms are

reflected in theWorld Intellectual PropertyOrganization Copyright Treatyand the World Intellectual

PropertyOrganizationPerformances and Phonograms

Treaty, adopted in Geneva in

1996;

Whereas those norms are

reflected in theWorld Intellectual Property

OrganizationCopyright Treaty and the World

IntellectualPropertyOrganization Performances and

Phonograms Treaty, adopted in

Geneva in1996;

Whereas such norms are not

wholly reflectedin theCopyright Act;

Whereas those norms are notwholly reflected in the

Copyright Act;

Whereas the exclusive rights in

theCopyrightActprovide rightsholders with recognition,

remuneration and the ability to

assert theirrights, and somelimitations on these rights exist

Whereas the exclusive rights inthe Copyright Act provide rightsholders with recognition,remuneration and the ability to

assert theirrights, and somelimitations on those rights exist


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to further enhance usersaccessto copyrightworks or othersubject-matter;

to further enhance users access

to copyrightworks or othersubject-matter;

Whereas the Government of

Canada iscommitted toenhancing the protection of

copyright works or othersubject-matter, includingthrough the recognition of

technologicalmeasures, in a manner that

promotes culture andinnovation,competition and investment in

theCanadian economy;

Whereas the Government ofCanada is committed toenhancing the protection of

copyrightworks or othersubject-matter, includingthrough the recognition oftechnological protectionmeasures, in a manner thatpromotes culture and innovation,competition and investment inthe Canadian economy;

And whereas Canadas ability to

participatein a knowledgeeconomy driven by innovationand network connectivity is

fostered by encouraging the useof digital technologies for

research and education;

And whereas Canadas ability to

participatein a knowledgeeconomy driven by innovation

and network connectivity is

fostered by encouraging the useof digital technologies for

research and education;

Now, therefore, Her Majesty, by

and with theadvice and consentof the Senate and House of

Commons of Canada, enacts as

follows:

Now, therefore, Her Majesty, by

and with theadvice and consentof the Senate and House of

Commons of Canada, enacts as

follows:

SHORT TITLE

Short title 1. This Act may be cited as the

CopyrightModernization 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

rightsandtreaty country

in section 2 of theCopyright

Actare 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 rightsdescribed insubsections 14.1(1)

and 17.1(1);

moral rights moral rights means the rights

described insubsections 14.1(1)

and 17.1(1);

treaty country treaty countrymeans a BerneConventioncountry, UCCcountry,WCT country or WTOMember;

treaty country treaty country means a Berne

Conventioncountry, UCCcountry, WCT country or WTO

Member;

(2) Section 2 of the Act is

amended byadding the following in


amended byadding the following in


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alphabetical order: alphabetical order:

WCT country WCT countrymeans a countrythat is a partyto the WIPOCopyright Treaty, adopted in

Geneva on December 20, 1996;

WCT country WCT country means a country

that is a partyto the WIPOCopyright Treaty, adopted in

Geneva on December 20, 1996;

WPPT country

WPPT countrymeans acountry that is a partyto theWIPO Performances and

PhonogramsTreaty, adopted inGeneva on December 20,1996;

WPPT

country

WPPT country means acountry that is a party to theWIPO Performances and

PhonogramsTreaty, adopted inGeneva on 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 workor other subject-matter to the

public by telecommunication

includes makingit available tothe public by telecommunication

in a way that allows a member

of the public tohave access to itfrom a place and at a timeindividually chosen by thatmember of the public.

Implements the

Making-Available rightfor intangibles

2. Subsection 3(1) of the Act is

amendedby striking out the

wordandat the end ofparagraph (h), by adding the

wordandatthe end ofparagraph (i) and by adding

thefollowing after paragraph

(i):

4. Subsection 3(1) of the Act is

amendedby striking outand at the end of paragraph

(h), by adding and at the

end ofparagraph (i) and by

adding the followingafterparagraph (i):

(j) in the case of a work that can

be put intocirculation as atangible object, to sell or

otherwise transfer ownership of

the tangibleobject, as long asthe ownership of thattangibleobject has never previously been

transferred with the

authorization of theauthor in oroutside Canada,

(j) in the case of a work that is in

the form ofa tangible object, tosell or otherwise transfer

ownership of the tangible object,

as long asthat ownership hasnever previously been

transferred in or outside Canadawith the authorization of the

copyright owner,

Distributionright

1994, c. 47, 3. Subsections 5(1.01) to (1.03) 1994, c. 47, s. 5. Subsections 5(1.01) to (1.03)


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

of the Actare replaced by the

following:

57(1); 1997, c.

24, s. 5(2);

2001,c. 34, s.34

of the Actare replaced by thefollowing:

Protection forolder works

(1.01) For the purposes of

subsection (1), acountry that

becomes a Berne Conventioncountry,a WCT country or aWTO Memberafter the date ofthe making or publication of a

workis deemed to have been aBerne Convention country,aWCT country or a WTO

Member, as the case may be, at

that date,subject to subsection(1.02)andsections 33to 33.2.

Protection forolder works

(1.01) For the purposes of

subsection (1), acountry that

becomes a Berne Conventioncountry, a WCT country or aWTO Member after the date of

the making or publication of a

work is deemed to have been aBerne Convention country, aWCT country or a WTOMember, as the case may be, at

that date, subject tosubsection(1.02) and sections 33 to 33.2.

Limitation (1.02) Subsection (1.01) does

not confercopyright protectionin Canada on a workwhose termof copyright protection in the

country referred to in that

subsection hadexpired beforethat country became a Berne

Convention country,a WCTcountry ora WTOMember, asthe case may be.

Limitation (1.02) Subsection (1.01) does

not confercopyright protectionin Canada on a workwhose termof copyright protection in thecountry referred to in that

subsection had expiredbeforethat country became a Berne

Conventioncountry, a WCTcountry or a WTO Member, as

the case may 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 in question

became a BerneConventioncountry,a WCT country or aWTOMember before or afterthe coming into force ofthosesubsections.

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 in question

became aBerne Conventioncountry, a WCT country or a

WTO Member before or after

the coming intoforce of thosesubsections.

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

1997, c. 24, s. 7 6. Section 10 of the Act is

repealed.

Was: Term ofcopyright forphotographs;

authorship ofphotographs

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

5. Subsection 13(2) of the Act

is repealed.1997, c. 24, s.

10(1)

7. Subsection 13(2) of the Act

is repealed.

Was:ownership ofcopyright forcommissionedphotographs

1997, c. 24, s. 14 6. The headings before section

15 of theAct are replaced by

1997, c. 24, s.14

8. The headings before section

15 of theAct are replaced bythe following:


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the following:

PART II PART II

COPYRIGHT IN

PERFORMERSPERFORMANCES, SOUND

RECORDINGSAND COMMUNICATION

SIGNALSANDMORAL RIGHTS IN

PERFORMERSPERFORMANCES

COPYRIGHT IN

PERFORMERS

PERFORMANCES, SOUND

RECORDINGSANDCOMMUNICATION SIGNALSANDMORAL RIGHTS INPERFORMERS

PERFORMANCES

PERFORMERSRIGHTS PERFORMERS RIGHTS

Copyright Copyright

7. (1) Section 15 of the Act is

amended byadding the

following after subsection (1):


amended byadding thefollowing after subsection (1):

Copyright inperformersperformance

(1.1) Subject to subsections (2.1)

and (2.2), aperformerscopyright in the performersperformance also consists of the

sole right to do thefollowingacts in relation to the

performersperformance or anysubstantial part of it and to

authorize any of those acts:

Copyright inperformersperformance


and (2.2),a performerscopyright in the performersperformance consists of the soleright to do the following acts inrelation to the performersperformance or any substantial

part of it and toauthorize any ofthose acts:

(a) if it is not fixed,

(a) if it is not fixed,

(i) to communicate it to the

public bytelecommunication,(i) to communicate it to the

public bytelecommunication,

( ii ) to perform it in public, if it

iscommunicated to the publicby telecommunication otherwisethan by communication signal,

and

(ii) to perform it in public, if it iscommunicated to the public bytelecommunication otherwisethan 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, toreproduce thatfixation;

(b) if it is fixed in a sound

recording, to reproduce thatfixation;

(c) to rent out a sound recording

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

(d) to communicate to the publicby telecommunication a sound

recording of it in away thatallows a member of the public to

access it from a place and at a

(d) to make a sound recording of

it availableto the public bytelecommunication in a waythatallows a member of the public to


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timeindividually chosen by thatmember of thepublic; and

haveaccess to the soundrecording from a placeand at atime individually chosen by that

member of the public and to

communicatethe soundrecording to the public bytelecommunication in that way;

and

(e) to sell, or otherwise transfer

ownershipof, every soundrecording of it that can be put

into circulation as a tangible

object andwhose ownership hasnever previously been

transferred with the

authorization of theperformer inor outside Canada.

(e) if it is fixed in a sound

recording that isin the form of atangible object, to sell or

otherwise transfer ownership of

the tangibleobject, as long asthat ownership has never

previously been transferred in or

outsideCanada with theauthorization of the ownerof thecopyright in the performers

performance.

1997, c. 24, s. 14 (2) Subsection 15(3) of the Act

is replacedby the following:



Conditions forcopyright

(2.1) Subsection (1.1) applies in

the following cases:Conditions forcopyright

(2.1) Subsection (1.1) applies if

(a) if the performers

performance takesplace inCanada;

(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 thetime of its firstfixation,

(i) a sound recording whose

maker, at thetime of its firstfixation,

(A) was a Canadian citizen orpermanent resident as defined in

subsection2(1) of theImmigration and Refugee

Protection Act, in the case of a

naturalperson, or

(A) was a Canadian citizen orpermanent resident as defined in

subsection2(1) of theImmigration and Refugee

Protection Act, in the case of a

naturalperson, or

(B) had its headquarters in

Canada, inthe case of acorporation, or

(B) had its headquarters in

Canada, inthe case of acorporation, or

(ii) a sound recording whosefirst publication in a quantity

sufficient to satisfy the

reasonable demands of the

public occurredin Canada; or


sufficient to satisfy the

reasonable demands of the

public occurredin Canada; or

(c) if the performersperformance is transmitted at the

(c) the performers performanceis transmitted at the time of its


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time of its performance by a

communication signal broadcast

from Canadaby a broadcasterthat has its headquarters in

Canada.

performance by acommunication signal broadcast

from Canada bya broadcasterthat has its headquarters in

Canada.


amended byadding thefollowing before subsection

(3):


(2.2) Subsection (1.1) also

applies in thefollowing cases:Conditions for

copyright

2.2) Subsection (1.1) also

applies if

(a) if the performers

performance takesplace in aWPPT country;

(a) the performers performance

takes placein a WPPT country;

(b) if the performers

performance is fixed in(b) the performers performance

is fixed in

(i) a sound recording whosemaker, at thetime of its firstfixation,

(i) a sound recording whosemaker, at thetime of its firstfixation,

(A) was a citizen or permanent

residentof a WPPT country, inthe case of anatural person, or

(A) was a citizen or permanent

residentof a WPPT country, inthe case of a natural person, or

(B) had its headquarters in a

WPPTcountry, in the case of acorporation, or

(B) had its headquarters in a

WPPTcountry, in the case of acorporation, or


sufficient to satisfy thereasonable demands of the

public occurredin a WPPTcountry; or



public occurredin a WPPTcountry; or

(c) if the performersperformance is transmitted at the

time of its performance by a

communication signal broadcast

from aWPPT country by abroadcaster that has its

headquarters in that country.

(c) the performers performanceis transmitted at the time of itsperformance by acommunication signal broadcast

from a WPPTcountry by abroadcaster that has its

headquarters in that country.




Publication (3) The first publication of asound recordingin Canada, aRome Convention country or a

WPPT country is deemed to

have occurred inthat country,despite an earlier publication

Publication (4) The first publication of asound recording is deemed to

have occurred in a WPPT

country, despite an earlierpublication elsewhere, if theinterval between the publication


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elsewhere, if theearlierpublication took placeno morethan 30 dayspreviously.

inthat WPPT country and theearlier publicationdoes notexceed 30 days.

8. The Act is amended by

adding thefollowing after

section 17:


adding the following after

section 17:

Moral Rights Moral Rights

Moral rights 17.1(1) In the cases referred toin subsections 15(2.1) and (2.2),

a performer of a liveauralperformance or a performance

fixed in asound recording has,subject to subsection28. 2(1),the right to the integrity of the

performance, andin

connection with an actmentioned in subsection 15(1.1)

or one forwhich the performerhas a right to remuneration

under subsection 19(1)theright, when it isreasonable inthe circumstances, to beassociated with the performance

as its performer byname orunder a pseudonym and the right

toremain anonymous.

Moral rights 17.1 (1) In the cases referred toin subsections 15(2.1) and (2.2),

a performer of a liveauralperformance or a performance

fixed in asound recording has,subject to subsection28.2(1), theright to the integrity of theperformance, and inconnection with an act

mentioned in subsection 15(1.1)or one for whichthe performerhas a right to remuneration

undersection 19 the right, ifit is reasonable in thecircumstances, to be associatedwith the performance as its

performer by name or under a

pseudonym and the right toremain anonymous.

No assignmentof moral rights

(2) Moral rights may not be

assigned butmay be waived inwhole or in part.

No assignmentof moral rights

(2) Moral rights may not be

assigned butmay be waived inwhole or in part.

No waiver byassignment

(3) An assignment of copyrightin a performers performancedoes not by itself constitute a

waiver of any moral rights.

No waiver by

assignment

3) An assignment of copyright ina performers performance doesnot by itself constitute a waiver

of any moral rights.

Effect of waiver (4) If a waiver of any moral rightis made infavour of an owner ora licensee of a copyright,it maybe invoked by any person

authorized bythe owner orlicensee to use the performers

performance, unless there is an

indication to thecontrary in thewaiver.

Effect of waiver (4) If a waiver of any moral right

is made infavour of an owner ora licensee of a copyright,it maybe invoked by any person

authorized bythe owner orlicensee to use the performers

performance, unless there is an

indication to thecontrary in thewaiver.

Application andterm

17.2(1) Subsection 17.1(1)applies only inrespect of aperformers performance thatoccursafter the coming into

Application and

term

17.2 (1) Subsection 17.1(1)

applies only inrespect of aperformers performance thatoccurs after the coming intoforce of that subsection. The


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force of that subsection.Themoral rights subsist for the same

term as thecopyright in thatperformers performance.

moral rights subsist for the same

termas the copyright in thatperformers performance.

Succession (2) The moral rights in respect ofa performers performance pass,

on the performers death,to

Succession (2) The moral rights in respect ofa performers performance pass,

on the performersdeath, to(a) the person to whom those

rights arespecificallybequeathed;

(a) the person to whom those

rights arespecificallybequeathed;

(b) if there is not a specific

bequest of thosemoral rightsand the performer dies testate in

respect of the copyright in the

performersperformance, theperson to whom that copyright is

bequeathed; or

(b) if there is not a specific

bequest of thosemoral rightsand the performer dies testate in

respect of the copyright in the

performersperformance, theperson to whom that copyright is

bequeathed; or

(c) if there is not a person asdescribed inparagraph (a) or (b),the person entitled toany otherproperty in respect of which the

performer dies intestate.

(c) if there is not a person asdescribed inparagraph (a) or (b),the person entitled toany otherproperty in respect of which the

performer dies intestate.

Subsequentsuccession

(3) Subsection (2) applies, withany modifications that the

circumstances require, on the

death of any person who holds

moral rights.

Subsequentsuccession

(3) Subsection (2) applies, withany modifications that the

circumstances require, on the

death of any person who holdsmoral rights.

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

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

the Act arereplaced by the

following:


amendedby adding thefollowing after subsection (1):

Copyright insound recordings


and (2.2), asound recordingmakers copyright in the soundrecording also includes the sole

right to do thefollowing acts inrelation to the sound recording

or any substantial part of it and

to authorize anyof those acts:

Copyright insoundrecordings


and (2.2),a sound recordingmakers copyright in thesoundrecording also includes the sole

right todo the following acts inrelation to the soundrecordingor any substantial part of it and

to authorize any of those acts:

(a) to communicate it to the

public bytelecommunication ina way that allows amember ofthe public to access it from a

placeand at a time individuallychosen by thatmember of thepublic; and

(a) to make it available to the

public bytelecommunication ina way that allows amember ofthe public to have access to it

from a place and at a timeindividually chosen by thatmember of the public and tocommunicate it to the public bytelecommunication in that way;


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and

(b) to sell or otherwise transfer

ownership ofit, in the case of asound recording made bythesound recording maker that can

be putinto circulation as a

tangible object andwhoseownership has never previously

beentransferred with theauthorization of thesoundrecording maker in or outside

Canada.

b) if it is in the form of a

tangible object, tosell orotherwise transfer ownership of

thetangible object, as long asthat ownership hasnever

previously been transferred in oroutside Canada with the

authorization of theowner of thecopyright in the sound

recording.

(2) Subsection 18(2) of the Act



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

(2) Subsection (1) applies only if

(a) at thetime of the firstfixation or, if thatfirst fixationwas extended over aconsiderable period, during any

substantial part of thatperiod,the maker of the sound recording

(a) at the time of the first

fixation or, if thatfirst fixationwas extended over aconsiderable period, during any

substantial part ofthat period,the maker of the sound recording

(i) was a Canadian citizen or

permanentresident as defined insubsection 2(1) oftheImmigration and Refugee

ProtectionAct,

(i) was a Canadian citizen orpermanent resident as defined in

subsection 2(1) oftheImmigration and Refugee

ProtectionAct,

(ii)was a citizen or permanentresident ofa Berne Conventioncountry, a RomeConventioncountry,a WPPT country or acountry that is a WTO Member,

or

(ii) was a citizen or permanent

resident ofa Berne Conventioncountry, 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 ofa corporation; or

(iii) had its headquarters in one

of thosecountries, in the case ofa corporation; or

(b) the first publication of the

sound recording in a quantity


public occurred inany countryreferred to in paragraph (a).

(b) the first publication of thesound recording in a quantitysufficient to satisfy thereasonable demands of the

public occurred inany countryreferred to in paragraph (a).


(2.1) Subsection (1.1) applies in

the following cases:Conditions forcopyright

(2.1) Subsection (1.1) applies if

(a) if at the time of the first

fixation or, if thatfirst fixationwas extended over a


fixation or, if thatfirst fixationwas extended over a


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considerable period, during any


considerable period, during any



permanentresident as defined insubsection 2(1) ofthe

Immigration and RefugeeProtectionAct, or


permanentresident as defined insubsection 2(1) ofthe

Immigration and RefugeeProtectionAct, or

(ii) had its headquarters in

Canada, in thecase of acorporation; or

(ii) had its headquarters in

Canada, in thecase of acorporation; or

(b) if the first publication of the

soundrecording in a quantitysufficient to satisfythereasonable demands of the

public occurred in Canada.


public occurred inCanada.


amended byadding thefollowing before subsection

(3):



applies in thefollowing cases:Conditions forcopyright


applies if

(a) if at the time of the first






(i) was a citizen or permanent

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

resident ofa WPPT country, or

(ii) had its headquarters in a

WPPTcountry, in the case of acorporation; or

(ii) had its headquarters in aWPPT country, in the case of acorporation; or

(b) if the first publication of the

soundrecording in a quantitysufficient to satisfythereasonable demands of thepublic occurred in a WPPT

country.


public occurred in aWPPTcountry.



Preserves theexisting s. 18(3), which C-61 would haveremoved:(3) The first

publication is

deemed to


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have occurred

in a country

referred to in

paragraph (2)

(a)

notwithstandi

ng that it in

fact occurred

previously

elsewhere, if

the interval

between those

two

publications

does not

exceed thirty

days.

Publication (3) The first publication of asound recordingin Canada, aBerne Convention country, a

RomeConvention country, aWPPT country or acountry thatis a WTO Member is deemed to

have occurred in that country,

despite an earlierpublicationelsewhere, if theearlierpublicationtook place no morethan 30 dayspreviously.

Publication (4) The first publication of asound recording is deemed to

have occurred in a WPPT

country, despite an earlierpublication elsewhere, if theinterval between the publication

inthat WPPT country and theearlier publicationdoes notexceed 30 days.

1997, c. 24, s. 14 10. Subsection 19(1) of the Act


1997, c. 24, s.14

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

Act is replaced by thefollowing:

Right toremuneration

19.( 1)If a sound recording hasbeenpublished, the performerand maker are entitled,subjectto section 20, to be paid

equitableremuneration for itsperformance in public or its

communication to the public by

telecommunication, except foracommunication in the

circumstances referred to in

paragraph15(1.1)(d) or 18(1.1)(a) and any retransmission.


Canada

19. (1) If a sound recording hasbeen published, the performer

and maker are entitled,subjectto subsection 20(1), to be paid

equitableremuneration for itsperformance in public orits communication to the publicby telecommunication, exceptfor a communication in thecircumstances referred to in

paragraph 15(1.1)(d)or 18(1.1)(a) and anyretransmission.


RomeConventioncountry

(1.1) If a sound recording hasbeen published, the performer

and maker are entitled,subjectto subsections 20(1.1) and (2), to

bepaid equitable remunerationfor its performancein public orits communication to the public


14/88

bytelecommunication, exceptfor any retransmission.


amended byadding the following before

subsection (2):


WPPT country

(1.2) If a sound recording hasbeen published, the performer

and maker are entitled,subjectto subsections 20(1.2) and (2.1),

to bepaid equitableremuneration for its performance

in public or its communication

to the public by

telecommunication, except for acommunication in thecircumstances referred to inparagraph 15(1.1)(d) or 18(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 providingthe remuneration mentioned in

this section, a personwhoperforms a published sound

recording inpublic orcommunicates it to the public bytelecommunication is liable to

pay royalties



section 19:

Deemedpublication Canada

19.1 Despite subsection 2.2(1), a

soundrecording that has beenmade available to thepublic bytelecommunication in a way thatallows a member of the public to

access it from aplace and at atime individually chosen by that

member of the public, or that hasbeen communicated to the public

by telecommunication inthatway, is deemed to have been

published forthe purposes ofsubsection 19(1).


adding the following before

section 20:


15/88

Deemedpublication WPPT country

19.2 Despite subsection 2.2(1), a

soundrecording that has beenmade available to thepublic bytelecommunication in a way thatallows a member of the public to

access it from aplace and at atime individually chosen by that

member of the public, or that hasbeen communicated to the public

by telecommunication inthatway, is deemed to have been

published forthe purposes ofsubsection 19(1.2).

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

s. 238(1)

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

Act is replaced by the

following:

Conditions Canada

20. (1) The right to remuneration

conferredby subsection 19(1)applies only if

(a) the maker was, at the date ofthe first fixation, a Canadiancitizen or permanent residentwithin the meaning of

subsection 2(1)of theImmigration and Refugee

ProtectionAct or, if acorporation, had its headquarters

in Canada; or

(b) all the fixations done for the

soundrecording occurred inCanada.

Conditions RomeConventioncountry

(1.1) The right to remuneration

conferred bysubsection 19(1.1)applies only if

(a) the maker was, at the date ofthe first fixation, a citizen or

permanent resident of aRomeConvention country or, if acorporation, had its headquarters

in a Rome Convention country;or


soundrecording occurred in aRome Conventioncountry.


amended byadding the following before

subsection (2):


16/88

Conditions WPPT country

(1.2) The right to remuneration

conferred bysubsection 19(1.2)applies only if

(a) the maker was, at the date ofthe first fixation, a citizen or

permanent resident of aWPPTcountry or, if a corporation, had

itsheadquarters in a WPPTcountry; or


soundrecording occurred in aWPPT country.

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



Exception RomeConventioncountry

(2) Despite subsection (1.1), if

the Ministeris of the opinion

that a Rome Convention countrydoes not grant a right toremuneration, similar in scope

and duration to that provided by

subsection 19(1.1), for theperformance in public or the

communication to the public of a

sound recording whose maker, at

the date of itsfirst fixation, was a Canadiancitizen or permanent residentwithin the meaning of

subsection2(1) of the Immigration and

Refugee ProtectionAct or, if acorporation, had its headquarters

inCanada, the Minister may, bya statement published in the

Canada Gazette, limit the scope

and duration of the protectionfor 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.


amended byadding the following after

subsection (2):

Exception WPPT country

(2.1) Despite subsection (1.2), ifthe Minister is of the opinion

that a WPPT country doesnotgrant a right to remuneration,


17/88

similar inscope and duration tothat provided by subsection19(1.2), for the performance in

public orthe communication to the public

of a soundrecording whosemaker, at the date of its first

fixation, was a Canadian citizen

or permanentresident within themeaning of subsection 2(1)ofthe Immigration and Refugee

Protection Actor, if acorporation, had its headquarters

inCanada, the Minister may, bya statement published in the

Canada Gazette, limit the scope

and duration of the protectionfor sound recordings whose first

fixation is done by a makerwho is a citizen or permanentresident of thatcountry or, if acorporation, has its headquarters

in that country.

1997, c. 24, s.14



Exception (3) If so requested by a countrythat is a party to the NorthAmerican Free TradeAgreement, the Minister may, bya statement published in theCanada Gazette, grant the right

toremuneration conferred bysubsection 19(1.1)to performersor makers who are nationals ofthat country and whose soundrecordings embody dramatic orliterary works.

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

11. (1) The portion of

subsection 22(1) ofthe Actbefore paragraph (a) is

replaced bythe following:

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

s. 239(1)


subsection 22(1) ofthe Actbefore paragraph (a) is


Reciprocity 22.(1)If the Minister is of theopinion that acountry grants orhas undertaken to grant

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

opinion thata country other thana Rome Convention country or aWPPT country grants or has

undertakento grant

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

(2) The portion of subsection

22(2) of theAct beforeparagraph (a) is replaced by

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

s. 239(2)

(2) The portion of subsection

22(2) of theAct before paragraph (a) is


18/88

thefollowing: replaced by the

following:

Reciprocity (2)If the Minister is of theopinion that acountry neithergrants nor has undertaken to

grant

Reciprocity (2) If the Minister is of the

opinion that acountry other thana Rome Convention countryor aWPPT country neither grants nor

has undertaken to grant

1997, c. 24, s. 14 12. 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 thefollowing:

Term ofcopyrightperformersperformance

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

endof 50 years after the end ofthe calendar year inwhich theperformanceoccurs. However,

Term ofcopyright performersperformance

23. (1) Subject to this Act,

copyright in aperformersperformance subsists until the

endof 50 years after the end ofthe calendar year inwhich theperformance occurs. However,

(a) if the performance is fixed in

a soundrecording before thecopyright expires, thecopyrightcontinues until the end of 50

yearsafter the end of thecalendar year in which thefirstfixation of the performance in a

soundrecording occurs; and

(a) if the performance is fixed in

a soundrecording before thecopyright expires, thecopyrightcontinues until the end of 50

yearsafter the end of thecalendar year in whichthe firstfixation of the performance in a

sound recording occurs; and

(b) if a sound recording in which

theperformance is fixed is

published before thecopyrightexpires, the copyright continues

until the earlier of the end of 50

years afterthe end of thecalendar year in which the first

publication of the sound

recording occurs andthe end of99 years after the end of the

calendar year in which the

performanceoccurs.

(b) if a sound recording in whichthe performance is fixed ispublished before the copyrightexpires, the copyright continues

untilthe earlier of the end of 50years after theend of thecalendar year in which the first

publication of the sound

recording occursand the end of99 years after the end of the

calendar year in which the

performance occurs.

Term ofcopyright

sound recording

(1.1) Subject to this Act,

copyright in asound recordingsubsists until the end of 50yearsafter the end of the calendar year

in whichthe first fixation of thesound recording occurs.

However, if the sound recording

is publishedbefore the copyrightexpires, the copyrightcontinuesuntil the end of 50 years after the

end of the calendar year in

Term ofcopyright

sound recording


copyright in asound recordingsubsists until the end of 50yearsafter the end of the calendar year

inwhich the first fixation of thesound recordingoccurs.However, if the sound recordingis published before the copyrightexpires, the copyright continues

until the end of 50 years after

the end of the calendar year in


19/88

which the firstpublication of thesound recording occurs.

which the firstpublication of thesound recording occurs.

Term ofcopyrightcommunications

signals


copyright in acommunicationsignal subsists until the end of

50 years after the end of the

calendar year inwhich thecommunication signal is

broadcast.

Term ofcopyright communication

signal

(1.2) Subject to this Act,copyright in a communicationsignal subsists until the end of

50years after the end of the

calendar year inwhich thecommunication signal isbroadcast.

Term of right toremuneration

(2) The rights to remuneration

conferred onperformers andmakers by section 19 have the

same terms, respectively, as

those provided bysubsections(1) and (1.1).

Term of right to

remuneration

(2) The rights to remuneration

conferred onperformers andmakers by section 19 have the

same terms, respectively, as

those provided bysubsections(1) and (1.1).

Application ofsubsections (1)to (2)

(3) Subsections (1)to (2) applywhether thefixation,

performance or broadcastoccurredbefore or after thecoming into force of thissection.

Application ofsubsections (1)to (2)

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

whether thefixation,

performance or broadcastoccurred before or after thecoming into force of this section.

1997, c. 24, s. 15 13. The heading

INFRINGEMENT OF

COPYRIGHT AND MORAL

RIGHTS ANDEXCEPTIONS

TO INFRINGEMENTbeforesection 27 of the Act is

replaced by thefollowing:

INFRINGEMENT OF

COPYRIGHT ANDOTHERRIGHTS, AND EXCEPTIONS

14. Section 27 of the Act is





Clarification (2.1) For greater certainty, acopy made outside Canada does

not infringe copyright under

subsection (2) if, had it beenmade in Canada, itwould havebeen made under a limitation orexception under this Act.

Secondaryinfringementrelated to lesson

(2.1) It is an infringement of

copyright forany person to doany of the following acts with

respect to anything that the

person knows orshould have

Secondaryinfringementrelated to lesson


copyright forany person to doany of the following acts with

respect to anything that the

person knows orshould have


20/88

known is a lesson, as defined in

subsection 30.01(1), or a fixation

of one:

known is a lesson, as defined in

subsection 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 copyrightin the work or other subject-matter that is included in the

lesson isprejudicially affected;

(b) to distribute it to an extent

that the ownerof the copyrightin the work or other subject-matter that is included in the

lesson is prejudicially affected;

(c) by way of trade, to distribute

it, expose oroffer it for sale orrental or exhibit it in public;

(c) by way of trade, to distribute

it, exposeor offer it for sale orrental or exhibit it inpublic;

(d) to possess it for the purpose

of doinganything referred to inany of paragraphs (a)to (c);

(d) to possess it for the purpose

of doinganything referred to inany of paragraphs (a)to (c);

(e) to communicate it by

telecommunicationto any

person other than a person

referred toin paragraph 30.01(3)(a); or

(e) to communicate it by

telecommunicationto any

person other than a person

referred toin paragraph 30.01(3)(a); or

(f) to circumvent or contravene

any measuretaken in conformitywith paragraph30.01(5)(b), (c)or (d).

(f) to circumvent or contravene

any measuretaken in conformitywith paragraph30.01(6)(b), (c)or (d).

Infringement

provision ofservices


copyright for aperson toprovide, by means of the

Internet oranother digitalnetwork, a service that theperson knows or should have

known is designedprimarily toenable acts of copyrightinfringement if an actualinfringement of copyright occursby means of the Internet or

another digitalnetwork as aresult of the use of that service.

New enablingprovision.Key tests:(a) designed

primarily toenable acts ofinfringement(b) actualinfringement

occurs.[Onus of proofoncomplainant?]

Factors (2.4) In determining whether a

person hasinfringed copyright

under subsection (2.3), thecourtmay consider

May: courthas discretionto ignore, or

choose otherfactors

(a) whether the person expresslyor implicitly marketed or

promoted the service as onethatcould be used to enable acts of

copyrightinfringement;

CompareMGM v.

Grokster

(b) whether the person had

knowledge thatthe service was


21/88

used to enable a significant

number of acts of copyrightinfringement;

(c) whether the service has

significant usesother than toenable acts of copyrightinfringement;

(d) the persons ability, as part of

providingthe service, to limitacts of copyright infringement,and any action taken by the

person to do so;

e) any benefits the personreceived as a result of enablingthe acts of copyrightinfringement; and

(f) the economic viability of the

provision ofthe service if it

were not used to enable actsofcopyright infringement.

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


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

Supp.), s. 6



Infringementgenerally

28.1Any act or omission that iscontrary toany of the moralrights of the author of a workorof the performer of a performersperformance is, in the absence of

theauthors orperformersconsent, an infringement of

thoserights.

Infringementgenerally

28.1 Any act or omission that is

contrary toany of the moralrights of the author of a workorof the performer of aperformers performance is, in

the absence of the authors orperformers consent, an

infringement of thoserights.

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

16. The portion of subsection

28.2(1) ofthe Act before

paragraph (a) is replaced by

the following:

R.S., c. 10 (4thSupp.), s. 6

20. The portion of subsection

28.2(1) ofthe Act before

paragraph (a) is replaced by

the following:

Nature of rightof integrity

28.2(1) The authorsorperformers right tothe integrity

of a workor performersperformance is infringed only if

the workor theperformance is,to the prejudice ofits authorsorperformers honour or

reputation,

Nature of rightof integrity

28.2 (1) The authors or

performers rightto the integrity

of a work or performersperformance is infringed only ifthe work or the performance is,

to the prejudice of its authors or

performers honour orreputation,

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




22/88

Research,private study,etc.

29. Fair dealing for the purpose

of research,private study,education, parody or satire doesnot infringe copyright.

Following thelogic in

Reprographic

Reproduction

(2005-2009),this mayincludedealingspreparatory toeducation,parody orsatire, even ifno educationaluse (or parodyor satire) isultimatelymade.

No attribution

requirement

for

educational,parodic or

satirical

dealings.

Lessons are

however

subject to s.

30.01

restrictions,

including the

requirement

to delete them

at theconclusion of

a course.



section 29.2:

Non-commercial User-

generated Content

Non-

commercial

user-generatedcontent

29.21 (1) It is not aninfringement of copyright for an

individual to use an existingworkor other subject-matter orcopy of one, whichhas beenpublished or otherwise made

availableto the public, in thecreation of a new work orothersubject-matter in which

copyright subsistsand for theindividual or, with theindividuals authorization, a


23/88

member of their household to use the new work or other

subject-matteror to authorize anintermediary to disseminateit, if

(a) the use of, or theauthorization to disseminate, thenew work or other subject-matter is done solely for non-

commercial purposes;

(b) the source and, if given in

the source,the name of theauthor, performer, maker orbroadcaster of the existing

work or othersubject-matter orcopy of it are mentioned, ifit isreasonable in the circumstancesto do so;

Attributionrequirement foruser-generatedcontent

(c) the individual had reasonable

grounds tobelieve that theexisting work or other subject-matter or copy of it, as the case

may be,was not infringingcopyright; and

(d) the use of, or theauthorization to disseminate, thenew work or other subject-matter does not have a

substantial adverse effect,financial or otherwise, on the

exploitation orpotentialexploitation of the existing work

orother subject-matter orcopy of it or onan existing orpotential market for it, includingthat the new work or other

subject-matteris not a substitutefor the existing one.

Moral rightsinfringementsas examples ofsubstantial,non-financial,adverseeffects?

Definitions (2) The following definitionsapply in subsection (1).

intermediary intermediary means a person

or entity whoregularly provides

space or means for works orother subject-matter to be

enjoyed by the public.

use use means to do anything thatby this Act theowner of thecopyright has the sole right to

do,other than the right toauthorize anything.



24/88


section 29.2:

Reproduction onto Another

Medium or DeviceReproduction for Private

Purposes

Reproductiononto anothermedium ordevice

29.21(1) It is not aninfringement of copy-right foran individual to reproduce a

work orother subject-matter thatis a photograph or iscontainedin a book, newspaper, periodical

orvideocassette, or anysubstantial part of such aworkor other subject-matter, onto

anothermedium or device, if thefollowing conditionsare met:

Reproductionfor privatepurposes

29.22 (1) It is not aninfringement of copyright for an

individual to reproduce a workorother subject-matter or anysubstantial part of awork orother subject-matter if

Creates an un-levied private

copying right,separate fromPart VIII, andapplicable toall works. But

per(3), onlyapplicablewhere Part VIIIwould notoperate.

(a) the copy of the work or other

subject-matter of which the

reproduction is made isnot aninfringing copy;

(a) the copy of the work or othersubject-matter from which the

reproduction is madeis not aninfringing copy;

(b) the individual legallyobtained the photograph, book,newspaper, periodical orvideocassette, otherwise than by

borrowing it orrenting it, andowns the medium or device on

which it is reproduced;

(b) the individual legally

obtained the copyof the work orother subject-matter fromwhichthe reproduction is made, other

thanby borrowing it or rentingit, and owns or isauthorized touse the medium or device on

which it is reproduced;

Compare s.80(2), whichrestricts onlythe uses youcan make ofthe copy, nothow theoriginal isobtained.

authorized touse wouldseem to extendto networkstorage.

(c) the individual, in order to

make thereproduction, did notcircumvent a technologicalmeasure or cause one to be

circumvented,within themeanings of the definitions

circumventandtechnological

measurein section 41;

(c) the individual, in order tomake the reproduction, did not

circumvent, as defined insection41, a technological protectionmeasure, as defined in that

section, or cause oneto becircumvented;

(d) the individual

(i) reproduces the work or othersubject-matter no more than

once for each devicethat theindividual owns, whether the

reproduction is made directly

onto thedevice or is made ontoa medium that is tobe used with

No limitation

on number of

private use

copies.


25/88

the device, and

(ii) prints no more than one copy

of thework, if the work is indigital 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.Query whetherprivatepurposesextends toplaying/usingin presence ofothers

Meaning ofmedium ordevice

(2) For the purposes of

paragraph (1)(b), amedium ordevice includes digital memory

inwhich a work or subject-matter may be storedfor thepurpose of allowing thetelecommunication of the work

or other subject-matter through

the Internet or other digitalnetwork.

Presumably,this includesnetworkstorage.

Limitation audio recording

medium

(3) In the case of a work or othersubject-matter that is a musical

work embodied in asoundrecording, a performers

performance ofa musical workembodied in a sound recordingor a sound recording in which a

musical workor a performersperformance of a musicalworkis embodied, subsection (1) doesnot apply if the reproduction is

made onto an audiorecordingmedium as defined in section 79.

Part VIIIremainsapplicable.

For soundrecordings andmusic, if the

destinationmedium isleviable, PartVIII applies.For other typesof works andother media,this sectionapplies.

Contract prevails

in case ofinconsistency

(2) If the individual has

downloaded thework or othersubject-matter from the Internet

and is bound by a contract thatgoverns theextent to which theindividual may reproducethework or other subject-matter, the

contractprevails over subsection(1) to the extent of any

inconsistency between them.

No

contractual

overrides

Limitationdestruction of

(3) Subsection (1) does not

apply if theindividual givesLimitation destruction of

(4) Subsection (1) does notapply if the individual gives


26/88

reproductions away, rents or sells thephotograph, book, newspaper,

periodical orvideocassettewithout first destroying allreproductions of the work or

other subject-matter thattheindividual has made under that

subsection.

reproductions away, rents or sells the copy ofthework or other subject-matterfrom which the reproduction is

made without first destroying all

reproductions of that copy that

the individualhas made underthat subsection.

Limitationpurpose ofreproduction


apply if thereproduction ismade for the purpose of doing

any of the following in relation

to the work orother subject-matter:

These uses arepresumablyexcluded asbeing non-private

(a) selling or renting out, or by

way of tradeexposing oroffering for sale or rental;

(b) distributing, whether or notfor thepurpose of trade;

(c) communicating to the public

by telecommunication; or

(d) performing, or causing to be

performed,in public.

Reproduction of

music29.22(1) It is not aninfringement of copyright for an

individual to reproduce onto a

medium or device a musical

work embodied ina sound

recording, a performersperformance ofa musical workembodied in a sound recording,

or a sound recording in which a

musical work ora performersperformance of a musical work

isembodied, or any substantialpart of such a workor othersubject-matter, if the following

conditions are met:

(a) the sound recording is not an

infringingcopy;(b) the individual legally

obtained the soundrecording,otherwise than by borrowing it

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

(c) the individual, in order to

make thereproduction, did not


27/88

circumvent a technologicalmeasure or cause one to be

circumvented,within themeanings of the definitions

circumventandtechnologicalmeasurein section 41;

(d) the individual reproduces thesoundrecording no more thanonce for each devicethat theindividual owns, whether thereproduction is made directly

onto the device or ismade ontoa medium that is to be used with

the device;


the reproduction away; and

(f) the reproduction is used only

for privatepurposes.Contract prevails

in case ofinconsistency

(2) If the individual has

downloaded thesound recordingfrom the Internet and is bound

by a contract that governs the

extent to whichthe individualmay reproduce the soundrecording, the contract prevails

over subsection (1) tothe extentof any inconsistency betweenthem.

LimitationPart VIII applies


apply if thereproduction ismade onto a medium that is

governed by Part VIII.

Limitationdestruction ofreproductions


apply if theindividual givesaway, rents or sells the sound

recording without firstdestroying all reproductions of itthat the individual has made

underthat subsection.



apply if thereproduction ismade for the purpose of doing

any of the following in relation

to the musicalwork, performers performance or sound

recording:




28/88

(b) distributing, whether or not

for thepurpose of trade;





Fixing Signals and Recording

Programs forLater Listening orViewing

Fixing Signals and Recording

Programs forLater Listening orViewing

Reproduction for

later listening or

viewing

29.23(1) It is not aninfringement of copyright for anindividual to fix a

communicationsignal, toreproduce a work or sound

recordingthat is being broadcastor to fix or reproduce a

performers performance that is

being broadcast,in order torecord a program for the purpose

oflistening to or watching itlater, if the followingconditionsare met:

Reproductionfor laterlistening orviewing

29.23 (1) It is not aninfringement of copyright for anindividual to fix a

communicationsignal, toreproduce a work or sound

recordingthat is being broadcastor to fix or reproduce a

performers performance that isbeing broadcast, in order torecord a program for the purposeof 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 theprogram, did notillegally circumvent a

technological measure or cause

one to beillegally circumvented,within the meaningsof thedefinitionscircumventandtechnological measureinsection 41;

(b) the individual, in order to

record the program, did notcircumvent, as defined in section41, a technological protection

measure,as defined in thatsection, or cause one to be

circumvented;

Removes the

wordillegally: canone thereforeNOT timeshiftwhileexercising anexception tothecircumventionprovisions?

(c) the individual makes no more

than onerecording of the

program;

(c) the individual makes no more

than onerecording of the

program;

Unlikedevice-/format-shifting, time-shifting retainsthe one copylimit.

(d) the individual keeps the

recording nolonger thannecessary in order to listen to or

watch the program at a more

convenient time;

(d) the individual keeps the

recording nolonger than isreasonably necessary in orderto listen to or view the program

at a moreconvenient time;

Does thisimply that onemust delete thecopy if one hasthe opportunityto watch, butchooses not to?


29/88

Or afterwatching thefirst time?


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

the recording away; and

(f) the recording is used only for

privatepurposes.

(f) the recording is used only for

private purposes.

Contract prevails

in case of

inconsistencyvideo-on-demand services

(2) If the individual receives the

programunder a video-on-demand service and is boundbya contract that governs the extent

to whichthe individual mayrecord it, the contractprevailsover subsection (1) to the extent

ofany inconsistency betweenthem.

Limitation (2) Subsection (1) does notapply if the individual receivesthe work, performersperformance or sound recording

under an on-demandservice.

Limitation

Internetsimulcast


apply to therecording of aprogram that is communicated

over the Internet, unless it is

communicatedsimultaneouslyvia radio or television.

Simulcast

restriction notincluded



apply if theprogram is recordedfor the purpose of doingany ofthe following in relation to the

program:



(b) distributing, whether or not

for thepurpose of trade;





Exceptionnetwork personal

video recorder

services

(5) Nothing in subsection (1)

authorizes therecording of

programs under a networkpersonalvideo recorder service.

Networkstorage notexcluded

Definitions (6) The following definitionsapply in thissection.

Definitions (3) The following definitions

apply in thissection.

broadcast broadcasthas the samemeaning as in thedefinitionbroadcastingin subsection2(1) oftheBroadcasting Act.

broadcast broadcast means anytransmission of a workor othersubject-matter by

telecommunicationfor receptionby the public, but does not

Excludes e.g.digital feeds oflive events forscreening intheatres?


30/88

includea transmission that ismade solely for performance in

public.

networkpersonal videorecorder service

network personal video

recorder servicemeans aservice that allows a person to

storerecordings of programs ina service providersnetworkedfacility in order to access them at

anytime.

video-on-demand service

video-on-demand service

means a service thatallows aperson to receive programs at

times ofhis or her choosing.

on-demandservice

on-demand service means aservice that allows a person to

receive works, performers

performances and sound

recordings at times oftheirchoosing.

Not limited tovideo

Backup Copies

Backup copies 29.24 (1) It is not aninfringement of copyright in awork or other subject-matter for

aperson who owns or has alicence to use a copy of thework or subject-matter (in this

section referred to as the sourcecopy) to reproduce the sourcecopy if

No limitationon location ofstorage.Networkbackupservicespermitted.

(a) the person does so solely forbackup purposes in case thesource copy is lost, damaged or

otherwise rendered unusable;

Live backupscannot used(e.g for device-

shifting)?

(b) the source copy is not an

infringingcopy;

(c) the person, in order to makethe reproduction, did not

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

that section, or cause oneto becircumvented; and

(d) the person does not give any

of the reproductions away.

Implies that

redundantbackups arepermitted

Backup copybecomes source

copy

(2) If the source copy is lost,

damaged orotherwise renderedunusable, one of thereproductions made under

subsection (1) becomesthesource copy.


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Destruction (3) The person shall immediately

destroy allreproductions madeunder subsection (1) aftertheperson ceases to own, or to have

a licenceto use, the source copy.

Is this feasiblewith cloudbackupservices or off-site copies onpersistentstorage media?

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

23. (1) Subsection 29.4(1) ofthe Act is replaced by the

following:

Reproductionfor instruction

29.4 (1) It is not an infringementof copyright for an educational

institution or a personactingunder its authority for the

purposes ofeducation or trainingon its premises to reproduce awork, or do any other necessary

act, inorder to display it.

(2) Subsection 29.4(3) of the

Act is replaced by thefollowing:

If workcommerciallyavailable

(3) Except in the case of manualreproduction, the exemptionfrom copyright infringementprovided by subsections (1) and

(2) doesnot apply if the work orother subject-matter is

commercially available, within

the meaning ofparagraph (a) ofthe definition commerciallyavailable in section 2, in a

medium that is appropriate for

the purposes referred to in thosesubsections.

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

24. (1) Paragraph 29.5(b) of

the Act is replaced by the

following:

(b) the performance in public of

a soundrecording, or of a workor performers performance thatis embodied in a soundrecording, as long as the sound

recording is not aninfringingcopy or the person responsibleforthe performance has noreasonable groundsto believethat it is an infringing copy;

(2) Section 29.5 of the Act is

amended byadding and at

the end of paragraph (c)and by adding the following


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after that paragraph:

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

as the work is not aninfringingcopy or the person responsible

forthe performance has no

reasonable groundsto believethat it is an infringing copy.

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


subsection 29.6(1)of the Actbefore paragraph (a) is

replacedby the following:

News andcommentary

29.6 (1) It is not an infringementof copyright for an educational

institution or a personactingunder its authority to

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

(2) Paragraph 29.6(1)(b) of the

Act is replaced by the following:

(b) perform the copy in publicbefore an audience consisting

primarily of students of the

educational institution on itspremises for educational ortraining purposes.

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

(3) Subsection 29.6(2) of the Actis repealed.

Was:requirement topay royalties ordestroy copiesof news or

commentprograms afterone year

1997, c. 24, s.18.

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

Act is repealed.

Was: record-keepingrequirement forcopies of newsor commentprograms



section 30:

1997, ch. 24,

par. 18(1)



section 30:

Definition of

lesson30.01(1) For the purposes ofthis section,lessonmeans alesson, test or examination, or

part of one, in which, or during

the course ofwhich, an act isdone in respect of a work or

other subject-matter by an

Meaning oflesson

30.01 (1) For the purposes of

this section,lesson means alesson, test or examination, orpart of one, in which, or during

the course ofwhich, an act isdone in respect of a work orother subject-matter by aneducational institution or a

Now applies toall exceptionsincludingfair dealing andotherexceptions notapplicable onlyto educational


33/88

educational institution or aperson acting under its authority

thatwould otherwise be aninfringement of copyright but ispermitted under any of sections

29.4to 29.6 and subsection29.7(3).

person acting under its authority

thatwould otherwise be aninfringement of copyright but ispermitted under a limitation orexception under this Act.

context

Application (2) This section does not applyso as topermit any act referredto in paragraph (3)(a),(b) or (c)with respect to a work or othersubject-matter whose use in the

lesson constitutes an

infringement of copyright or for

whose use inthe lesson theconsent of the copyright owner

isrequired.

Application (2) This section does not applyso as to permit any act referred

to in paragraph (3)(a), (b)or (c)with respect to a work or othersubject-matter whose use in the

lesson constitutes an

infringement of copyright or for

whose use inthe lesson theconsent of the copyright owner

isrequired.

Communication

by telecom-munication

(3) Subject to subsection (5), it

is not aninfringement ofcopyright for an educational

institution or a person acting

under its authority

Communication

bytelecommuni-cation

(3) Subject to subsection (6), it

is not an infringement ofcopyright for an educationalinstitution or a person actingunder its authority

(a) to communicate a lesson to

the public bytelecommunicationfor educational or training

purposes, if that public consists

only ofstudents who areenrolled in a course ofwhich thelesson forms a part or of other

persons acting under theauthority of theeducationalinstitution;

(a) to communicate a lesson to

the public bytelecommunicationfor educational or trainingpurposes, if that public consists

only ofstudents who areenrolled in a course ofwhich thelesson forms a part or of otherpersons acting under the

authority of the educationalinstitution;

(b) to make a fixation of the

lesson for thepurpose of the actreferred to in paragraph(a); or

(b) to make a fixation of the

lesson for thepurpose of the actreferred to in paragraph(a); or

(c) to do any other act that is

necessary forthe purpose of theacts referred to inparagraphs (a)and (b).


necessary forthe purpose of theacts referred to in paragraphs (a)and (b).

Participation bytelecommunica-tion

(4) For the purposes of sections

29.4 to 29.6and subsection29.7(3), a student who is

enrolled in a course of which the

lesson formsa part is deemed tobe a person on the premisesofthe educational institution when

the studentparticipates in orreceives the lesson by meansofcommunication by

Participation by

telecommunica-

tion

(4) A student who is enrolled in

a course ofwhich the lessonforms a part is deemed to be a

person on the premises of theeducational institution when thestudent participates in orreceives the lesson by means of

communicationbytelecommunication under

paragraph (3)(a).


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telecommunication under

paragraph (3)(a).

Reproducinglessons

(5) It is not an infringement of

copyright fora student who hasreceived a lesson by meansof communication by

telecommunication underparagraph (3)(a) to reproducethe lesson in order to be able to

listen to or view it at a moreconvenient time. However, thestudent shall destroy thereproduction within 30 days

after theday on which thestudents who are enrolled inthecourse to which the lessonrelates have received their final

course evaluations.

Time-shiftingpermitted, butstudents mustdelete lessonmaterials at

completion ofcourse.

Conditions (5) The educational institutionand anyperson acting under itsauthority, except astudent, shall

Conditions

6) The educational institutionand any person acting under its

authority, except a student,shall

So if a copy isnot streamedand time-shifted, astudent canretain it?

(a) destroy any fixation of the

lesson within30 days after theday on which the studentswhoare enrolled in the course have

receivedtheir final courseevaluations;

(a) destroy any fixation of the

lesson within30 days after theday on which the studentswhoare enrolled in the course to

which thelesson relates havereceived their final course

evaluations;(b) take measures that can

reasonably beexpected to limitthe communication by

telecommunication of the lesson

to thepersons referred to inparagraph (3)(a);

(b) take measures that canreasonably be expected to limit

the communication by

telecommunication of the lessonto the persons referred to in

paragraph (3)(a);

(c) take, in relation to the

communication by


in digitalform, measures that

can reasonably beexpected toprevent the students from fixing

or reproducing the lesson, or

communicatingit other than asthey may do under thissection;and

(c) take, in relation to the

communication by


in digitalform, measures that

can reasonably be expected toprevent the students from fixing,

reproducing or communicating

the lessonother than as theymay do under this section;and

(d) take, in relation to a

communication by

telecommunication in digital

(d) take, in relation to a

communication by

telecommunication in digital


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form, any measure prescribed by

regulation that is applicableinthe circumstances.

form, any measure prescribed byregulation.

Exceptiondigitalreproduction of

works

30.02(1) Subject to subsections(3) to (5), itis not aninfringement of copyright for an

educational institution that has areprographicreproductionlicence under which the

institutionis authorized to makereprographic reproductions ofworks in a collective societys

repertoirefor an educational ortraining purpose

Exception digitalreproduction of

works

30.02 (1) Subject to subsections

(3) to (5),it is not aninfringement of copyright for aneducational institution that has areprographic reproductionlicence under which the

institutionis authorized to makereprographic reproductions ofworks in a collective societysrepertoire for an educational ortraining purpose

(a) to make a digital

reproductionof thesamegeneral nature and extent as the

reprographic reproduction

authorized underthe licenceof a paper form of any of those

works;

(a) to make a digital

reproduction of thesamegeneral nature and extent as thereprographic reproduction

authorized under the licence of a paper form of any of those

works;

(b) to communicate the digital

reproductionbytelecommunication for an

educational ortraining purposeto persons acting under the

authority of the institution; or

(b) to communicate the digital

reproductionbytelecommunication for an

educational ortraining purposeto persons acting under theauthority of the institution; or


necessary forthe purpose of theact s referred to inparagraphs(a) and (b).


necessary forthe purpose of theacts referred to in paragraphs (a)and (b).

Exception (2) Subject to subsections (3) to(5), it is notan infringement ofcopyright for a person acting

under the authority of the

educational institutionto whomthe work has been

communicatedunder paragraph(1)(b) to print one copy of the

work.

Exception (2) Subject to subsections (3) to

(5), it is notan infringement ofcopyright for a person actingunder the authority of theeducational institution to whomthe work has beencommunicated under paragraph

(1)(b) to print one copy ofthework.

Conditions (3) An educational institutionthat makes adigital reproductionof a work under paragraph(1)(a)shall

Conditions (3) An educational institutionthat makes adigital reproductionof a work under paragraph(1)(a)shall


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(a) pay to the collective society,

with respectto all the persons towhom the digitalreproduction iscommunicated by the institutionunder paragraph (1)(b), the

royalties thatwould be payableif one reprographic reproduction

were distributed by theinstitution toeach of thosepersons, and comply with the

licence terms and conditions

applicable to areprographicreproduction to the extent that

they are reasonably applicable to

a digitalreproduction;

(a) pay to the collective society,

with respectto all the persons towhom the digital reproduction is

communicated by the institutionunder paragraph (1)(b), the

royalties thatwould be payableif one reprographic reproduction

were distributed by theinstitution toeach of thosepersons, and comply with the

licence terms and conditions

applicable to areprographicreproduction to the extent that

they are reasonably applicable to

a digital reproduction;

(b) take measures to prevent the

digitalreproduction from beingcommunicated by

telecommunication to anypersons who arenot actingunder the authority of the

institution;

(b) take measures to prevent thedigital reproduction from being

communicated by

telecommunication to any

persons who arenot actingunder the authority of the

institution;

(c) take measures to prevent a

person towhom the work hasbeen communicatedunderparagraph (1)(b) from printing

morethan one copy, and toprevent any otherreproductionor communication of the digital

reproduction; and

(c) take measures to prevent a

person towhom the work hasbeen communicated underparagraph (1)(b) from printing

more thanone copy, and toprevent any other reproductionor communication of the digital

reproduction; and

(d) take any measure prescribedby regulation that is applicable

in the circumstances.

(d) take any measure prescribedby regulation.

Restriction (4) An educational institutionmay not makea digitalreproduction of a work under

paragraph(1)(a) if

Restriction (4) An educational institution

may not makea digitalreproduction of a work under

paragraph (1)(a) if

(a) the institution has entered

into a digitalreproductionagreement respecting the work

with a collective society underwhich theinstitution may makea digital reproduction ofthework, may communicate the

digitalreproduction bytelecommunication to persons

acting under the authority of the

institution and may permit those

persons toprint at least one copyof the work;

a) the institution has entered into

a digitalreproduction agreementrespecting the workwith a

collective society under whichthe institution may make a

digital reproduction ofthe work,may communicate the digitalreproduction by

telecommunication to persons

acting under the authority of the

institutionand may permit thosepersons to print at leastone copyof the work;


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(b) there is a tariff certified

under section70.15 that isapplicable to the digital

reproduction of the work, to thecommunication of the digitalreproduction bytelecommunication to persons

acting under theauthority of theinstitution and to the printingbythose persons of at least one

copy of thework; or

(b) there is a tariff certified

under section70.15 that isapplicable to the digitalreproduction of the work, to the

communication ofthe digitalreproduction bytelecommunication to persons

acting under the authority oftheinstitution and to the printing by

thosepersons of at least onecopy of the work; or

(c) the institution has been

informed by thecollectivesociety that is authorized to enter

into reprographic agreements

with respect tothe work that theowner of the copyright inthework has informed it, under

subsection(5), that the ownerrefuses to authorize thecollective society to enter into a

digitalreproduction agreementwith respect to thework.

(c) the institution has been

informed by thecollectivesociety that is authorized to enter

into reprographic agreements

with respect tothe work that theowner of the copyright inthework has informed it, under

subsection(5), that the owner refuses toauthorize thecollective societyto enter into a digitalreproduction agreement with

respect to thework.

Restriction (5) If the owner of the copyrightin a workinforms the collectivesociety that is authorizedtoenter into reprographic

agreements withrespect to the

work that the owner refuses toauthorize it to enter into digitalreproduction agreements with

respect to the work, the

collective society shall inform

the educationalinstitutions withwhich it has entered into

reprographic reproduction

agreements withrespect to thework th

C-61 - C-32 Comparison (With Annotations) English

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