Copyright Act
Sections and provisions with full text and the judgments that cite each one.
Section 28.2 — Nature of right of integrity
The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or…
Section 29 — Research, private study, etc.
Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.
Section 29.1 — Criticism or review
Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: the source; and if given in the source, the name of the author, in the case of a work,…
Section 29.2 — News reporting
Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: the source; and if given in the source, the name of the author, in the case of a work,…
Section 29.21 — Non-commercial user-generated content
It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the…
Section 29.22 — Reproduction for private purposes
It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if the copy of the work or other…
Section 29.23 — Reproduction for later listening or viewing
It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance…
Section 29.24 — Backup copies
It is not an infringement of copyright in a work or other subject-matter for a person who owns — or has a licence to use — a copy of the work or subject-matter (in this section referred to as the…
Section 29.3 — Motive of gain
No action referred to in section 29.4, 29.5, 30.2 or 30.21 may be carried out with motive of gain. An educational institution, library, archive or museum, or person acting under its authority does…
Section 29.4 — Reproduction for instruction
It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any…
Section 29.5 — Performances
It is not an infringement of copyright for an educational institution or a person acting under its authority to do the following acts if they are done on the premises of an educational institution…
Section 29.6 — News and commentary
It is not an infringement of copyright for an educational institution or a person acting under its authority to make, at the time of its communication to the public by telecommunication, a single…
Section 29.7 — Reproduction of broadcast
Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to make a single copy of a work or other…
Section 29.8 — Unlawful reception
The exceptions to infringement of copyright provided for under sections 29.5 to 29.7 do not apply where the communication to the public by telecommunication was received by unlawful means.
Section 29.9 — Records and marking
Where an educational institution or person acting under its authority [Repealed, 2012, c. 20, s. 26] makes a copy of a work or other subject-matter communicated to the public by telecommunication and…
Section 30 — Literary collections
The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so described in the title and in any advertisements issued by the…
Section 30.01 — Meaning of lesson
For the purposes of this section, lesson means a lesson, test or examination, or part of one, in which, or during the course of which, an act is done in respect of a work or other subject-matter by…
Section 30.02 — Exception — digital reproduction of works
Subject to subsections (3) to (5), it is not an infringement of copyright for an educational institution that has a reprographic reproduction licence under which the institution is authorized to make…
Section 30.03 — Royalties — digital reproduction agreement
If an educational institution has paid royalties to a collective society for the digital reproduction of a work under paragraph 30.02(3)(a) and afterwards the institution enters into a digital…
Section 30.04 — Work available through Internet
Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for…
Section 30.1 — Management and maintenance of collection
It is not an infringement of copyright for a library, archive or museum or a person acting under the authority of a library, archive or museum to make, for the maintenance or management of its…
Section 30.2 — Research or private study
It is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section…
Section 30.21 — Copying works deposited in archive
Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished…
Section 30.3 — No infringement by educational institution, etc.
An educational institution or a library, archive or museum does not infringe copyright where a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works…
Section 30.4 — Application to libraries, etc. within educational institutions
For greater certainty, the exceptions to infringement of copyright provided for under sections 29.4 to 30.3 and 45 also apply in respect of a library, archive or museum that forms part of an…
Section 30.5 — Permitted acts
It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act , to make a copy of a work or other subject-matter in taking a…
Section 30.6 — Permitted acts
It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of…
Section 30.61 — Interoperability of computer programs
It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of…
Section 30.62 — Encryption research
Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the purposes of encryption research if it would not be…
Section 30.63 — Security
Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or…
Section 30.7 — Incidental use
It is not an infringement of copyright to incidentally and not deliberately include a work or other subject-matter in another work or other subject-matter; or do any act in relation to a work or…
Section 30.71 — Temporary reproductions
It is not an infringement of copyright to make a reproduction of a work or other subject-matter if the reproduction forms an essential part of a technological process; the reproduction’s only purpose…
Section 30.8 — Ephemeral recordings
It is not an infringement of copyright for a programming undertaking to fix or reproduce in accordance with this section a performer’s performance or work, other than a cinematographic work, that is…
Section 30.9 — Ephemeral recordings — broadcasting undertaking
It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer’s performance or work that is embodied in a sound…
Section 31 — Interpretation
In this section, new media retransmitter means a person whose retransmission would be lawful under the Broadcasting Act — as that Act read immediately before the day on which section 31.1 of that Act…
Section 31.1 — Network services
A person who, in providing services related to the operation of the Internet or another digital network, provides any means for the telecommunication or the reproduction of a work or other…
Section 32 — Reproduction in alternate format
It is not an infringement of copyright for a person with a perceptual disability, for a person acting at the request of such a person or for a non-profit organization acting for the benefit of such a…
Section 32.01 — Print disability — outside Canada
Subject to this section, it is not an infringement of copyright for a non-profit organization acting for the benefit of persons with a print disability to do any of the following: for the purpose of…
Section 32.02 — Definition of non-profit organization
In sections 32 and 32.01, non-profit organization includes a department, agency or other portion of any order of government, including a municipal or local government, when it is acting on a…
Section 32.1 — No infringement
It is not an infringement of copyright for any person to disclose, pursuant to the Access to Information Act , a record within the meaning of that Act, or to disclose, pursuant to any like Act of the…
Section 32.2 — Permitted acts
It is not an infringement of copyright for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for…
Section 32.3 — No right to equitable remuneration
For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.
Section 32.4 — Certain rights and interests protected
Notwithstanding section 27, where a person has, before the later of January 1, 1996 and the day on which a country becomes a WTO member, incurred an expenditure or liability in connection with, or in…
Section 32.5 — Certain rights and interests protected
Notwithstanding section 27, where a person has, before the later of the coming into force of Part II and the day on which a country becomes a Rome Convention country, incurred an expenditure or…
Section 32.6 — Certain rights and interests protected
Despite sections 27, 28.1 and 28.2, if a person has, before the day on which subsection 15(1.1), 17.1(1) or 18(1.1) applies in respect of a particular performers’ performance or sound recording,…
Section 33 — Certain rights and interests protected
Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of January 1, 1996 and the day on which a country becomes a treaty country other than a WCT…
Section 33.1 — Certain rights and interests protected
Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on which this section comes into force and the day on which a country that is a…
Section 33.2 — Certain rights and interests protected
Despite subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, if a person has, before the later of the day on which this section comes into force and the day on which a country that is not…
Section 34 — Copyright
Where copyright has been infringed, the owner of the copyright is, subject to this Act, entitled to all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be…
Section 34.1 — Presumptions respecting copyright and ownership
In any civil proceedings taken under this Act in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff to it, copyright shall be presumed, unless the…