Section 42 — Copyright Act: Offences

Every person commits an offence who knowingly makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists; sells or rents out, or by way of trade exposes or offers for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists; distributes infringing copies of a work or other subject-matter in which copyright subsists, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright; by way of trade exhibits in public an infringing copy of a work or other subject-matter in which copyright subsists; possesses, for sale, rental, distribution for the purpose of trade or exhibition in public by way of trade, an infringing copy of a work or other subject-matter in which copyright subsists; imports, for sale or rental, into Canada any infringing copy of a work or other subject-matter in which copyright subsists; or exports or attempts to export, for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists. Every person commits an offence who knowingly makes or possesses any plate that is specifically designed or adapted for the purpose of making infringing copies of any work or other subject-matter in which copyright subsists; or for private profit causes to be performed in public, without the consent of the owner of the copyright, any work or other subject-matter in which copyright subsists. Every person who commits an offence under subsection (1) or (2) is liable on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. The court before which any proceedings under this section are taken may, on conviction, order that all copies of the work or other subject-matter that appear to it to be infringing copies, or all plates in the possession of the offender predominantly used for making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit. Before making an order under subsection (3), the court shall require that notice be given to the owner of the copies or plates and to any other person who, in the court’s opinion, appears to have a right or interest in them, unless the court is of the opinion that the interests of justice do not require that the notice be given. Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, is guilty of an offence who knowingly and for commercial purposes contravenes section 41.1 and is liable on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both. Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows 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; or does any of the acts referred to in paragraphs 41.22(3)(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows that the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and 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. Every person who commits an offence under subsection (3.2) is liable on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4). Proceedings by summary conviction in respect of an offence under this section may be instituted at any time within, but not later than, two years after the time when the offence was committed. For the purposes of this section, a copy of a work or other subject-matter is not infringing if the copy was made with the consent of the owner of the copyright in the country where the copy was made.