Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Prohibition — rights management information

• 41.22 (1) No person shall knowingly remove or alter any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance or the sound recording, if the person knows or should have known that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19.

• Marginal note:Removal or alteration of rights management information

  (2) The owner of the copyright in a work, a performer’s performance fixed in a sound recording or a sound recording is, subject to this Act, 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 a person who contravenes subsection (1).

• Marginal note:Subsequent acts

  (3) The copyright owner referred to in subsection (2) has the same remedies against a person who, without the owner’s consent, knowingly does any of the following acts with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording and knows or should have known that the rights management information has been removed or altered in a way that would give rise to a remedy under that subsection:

  • (a) sells it or rents it out;

  • (b) distributes it to an extent that the copyright owner is prejudicially affected;

  • (c) by way of trade, distributes it, exposes or offers it for sale or rental or exhibits it in public;

  • (d) imports it into Canada for the purpose of doing anything referred to in any of paragraphs (a) to (c); or

  • (e) communicates it to the public by telecommunication.

• Definition of “rights management information”

  (4) In this section, “rights management information” means information that

  • (a) is attached to or embodied in a copy of a work, a performer’s performance fixed in a sound recording or a sound recording, or appears in connection with its communication to the public by telecommunication; and

  • (b) identifies or permits the identification of the work or its author, the performance or its performer, the sound recording or its maker or the holder of any rights in the work, the performance or the sound recording, or concerns the terms or conditions of the work’s, performance’s or sound recording’s use.

General Provisions

Marginal note:Protection of separate rights

• 41.23 (1) Subject to this section, the owner of any copyright, or any person or persons deriving any right, title or interest by assignment or grant in writing from the owner, may individually for himself or herself, as a party to the proceedings in his or her own name, protect and enforce any right that he or she holds, and, to the extent of that right, title and interest, is entitled to the remedies provided by this Act.

• Marginal note:Copyright owner to be made party

  (2) If proceedings under subsection (1) are taken by a person other than the copyright owner, the copyright owner shall be made a party to those proceedings, except

  • (a) in the case of proceedings taken under section 44.1, 44.2 or 44.4;

  • (b) in the case of interlocutory proceedings, unless the court is of the opinion that the interests of justice require the copyright owner to be a party; and

  • (c) in any other case in which the court is of the opinion that the interests of justice do not require the copyright owner to be a party.

• Marginal note:Owner’s liability for costs

  (3) A copyright owner who is made a party to proceedings under subsection (2) is not liable for any costs unless the copyright owner takes part in the proceedings.

• Marginal note:Apportionment of damages, profits

  (4) If a copyright owner is made a party to proceedings under subsection (2), the court, in awarding damages or profits, shall, subject to any agreement between the person who took the proceedings and the copyright owner, apportion the damages or profits referred to in subsection 35(1) between them as the court considers appropriate.