Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2013-11-02 and last amended on 2012-11-07. Previous Versions

Marginal note:No injunction in case of a building

  • 40. (1) Where the construction of a building or other structure that infringes or that, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright is not entitled to obtain an injunction in respect of the construction of that building or structure or to order its demolition.

  • Marginal note:Certain remedies inapplicable

    (2) Sections 38 and 42 do not apply in any case in respect of which subsection (1) applies.

  • R.S., 1985, c. C-42, s. 40;
  • 1997, c. 24, s. 21.

Technological Protection Measures and Rights Management Information

Marginal note:Definitions

41. The following definitions apply in this section and in sections 41.1 to 41.21.

“circumvent”

« contourner »

“circumvent” means,

  • (a) in respect of a technological protection measure within the meaning of paragraph (a) of the definition “technological protection measure”, to descramble a scrambled work or decrypt an encrypted work or to otherwise avoid, bypass, remove, deactivate or impair the technological protection measure, unless it is done with the authority of the copyright owner; and

  • (b) in respect of a technological protection measure within the meaning of paragraph (b) of the definition “technological protection measure”, to avoid, bypass, remove, deactivate or impair the technological protection measure.

“technological protection measure”

« mesure technique de protection »

“technological protection measure” means any effective technology, device or component that, in the ordinary course of its operation,

  • (a) controls access to a work, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; or

  • (b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19.

  • R.S., 1985, c. C-42, s. 41;
  • R.S., 1985, c. 10 (4th Supp.), s. 9;
  • 1997, c. 24, s. 22;
  • 2012, c. 20, s. 47.
Previous Version
Marginal note:Prohibition

  • 41.1 (1) No person shall

    • (a) circumvent a technological protection measure within the meaning of paragraph (a) of the definition “technological protection measure” in section 41;

    • (b) offer services to the public or provide services if

      • (i) the services are offered or provided primarily for the purposes of circumventing a technological protection measure,

      • (ii) the uses or purposes of those services are not commercially significant other than when they are offered or provided for the purposes of circumventing a technological protection measure, or

      • (iii) the person markets those services as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market those services as being for those purposes; or

    • (c) manufacture, import, distribute, offer for sale or rental or provide — including by selling or renting — any technology, device or component if

      • (i) the technology, device or component is designed or produced primarily for the purposes of circumventing a technological protection measure,

      • (ii) the uses or purposes of the technology, device or component are not commercially significant other than when it is used for the purposes of circumventing a technological protection measure, or

      • (iii) the person markets the technology, device or component as being for the purposes of circumventing a technological protection measure or acts in concert with another person in order to market the technology, device or component as being for those purposes.

  • Marginal note:Circumvention of technological protection measure

    (2) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened is, subject to this Act and any regulations made under section 41.21, entitled to all remedies — by way of injunction, damages, accounts, delivery up and otherwise — that are or may be conferred by law for the infringement of copyright against the person who contravened that paragraph.

  • Marginal note:No statutory damages

    (3) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which paragraph (1)(a) has been contravened may not elect under section 38.1 to recover statutory damages from an individual who contravened that paragraph only for his or her own private purposes.

  • Marginal note:Services, technology, device or component

    (4) Every owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording in respect of which a technological protection measure has been or could be circumvented as a result of the contravention of paragraph (1)(b) or (c) is, subject to this Act and any regulations made under section 41.21, entitled to all remedies — by way of injunction, damages, accounts, delivery up and otherwise — that are or may be conferred by law for the infringement of copyright against the person who contravened paragraph (1)(b) or (c).

  • 2012, c. 20, s. 47.