Section 38 — Copyright Act: Recovery of possession of copies, plates

Subject to subsection (2), the owner of the copyright in a work or other subject-matter may recover possession of all infringing copies of that work or other subject-matter, and of all plates used or intended to be used for the production of infringing copies, and take proceedings for seizure of those copies or plates before judgment if, under the law of Canada or of the province in which those proceedings are taken, a person is entitled to take such proceedings, as if those copies or plates were the property of the copyright owner. On application by a person from whom the copyright owner has recovered possession of copies or plates referred to in subsection (1), a person against whom proceedings for seizure before judgment of copies or plates referred to in subsection (1) have been taken, or any other person who has an interest in those copies or plates, a court may order that those copies or plates be destroyed, or may make any other order that it considers appropriate in the circumstances. Before making an order under subsection (2), the court shall direct that notice be given to any person who has an interest in the copies or plates in question, unless the court is of the opinion that the interests of justice do not require such notice to be given. In making an order under subsection (2), the court shall have regard to all the circumstances, including the proportion, importance and value of the infringing copy or plate, as compared to the substrate or carrier embodying it; and the extent to which the infringing copy or plate is severable from, or a distinct part of, the substrate or carrier embodying it. Nothing in this Act entitles the copyright owner to damages in respect of the possession or conversion of the infringing copies or plates.