Section 44.4 — Copyright Act: Importation of other subject-matter

Section 44.12 applies, with such modifications as the circumstances require, in respect of a sound recording, performer’s performance or communication signal, where a fixation or a reproduction of a fixation of it is about to be imported into Canada, or has been imported into Canada but has not yet been released; either was made without the consent of the person who then owned the copyright in the sound recording, performer’s performance or communication signal, as the case may be, in the country where the fixation or reproduction was made, or was made elsewhere than in a country to which Part II extends; and would infringe the right of the owner of copyright in the sound recording, performer’s performance or communication signal if it was made in Canada by the importer and the importer knows or should have known this.