Bill C-32

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	Statutory Obligations
No infringement	32.1 (1) It is not an infringement of copyright for any person
	(a) 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 legislature of a province, like material;
	(b) to disclose, pursuant to the Privacy Act, personal information within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like information;
	(c) to make a copy of an object referred to in section 14 of the Cultural Property Export and Import Act, for deposit in an institution pursuant to a direction under that section; and
	(d) to make a fixation or copy of a work or other subject-matter in order to comply with the Broadcasting Act or any rule, regulation or other instrument made under it.
Limitation	(2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright in the record, personal information or like information, as the case may be, has a right to do.
Destruction of fixation or copy	(3) Unless the Broadcasting Act otherwise provides, a person who makes a fixation or copy under paragraph (1)(d) shall destroy it immediately on the expiration of the period for which it must be kept pursuant to that Act, rule, regulation or other instrument.
	Miscellaneous
Permitted acts	32.2 (1) It is not an infringement of copyright
	(a) 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 the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;
	(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
	(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or
	(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;
	(c) for any person to make or publish, for the purposes of news reporting or news summary, a report of a lecture given in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer;
	(d) for any person to read or recite in public a reasonable extract from a published work; or
	(e) for any person to make or publish, for the purposes of news reporting or news summary, a report of an address of a political nature given at a public meeting.
Further permitted acts	(2) It is not an infringement of copyright for a person to do any of the following acts without motive of gain at any agricultural or agricultural-industrial exhibition or fair that receives a grant from or is held by its directors under federal, provincial or municipal authority:
	(a) the live performance in public of a musical work;
	(b) the performance in public of a sound recording embodying a musical work or a performer's performance of a musical work; or
	(c) the performance in public of a communication signal carrying
	(i) the live performance in public of a musical work, or
	(ii) a sound recording embodying a musical work or a performer's performance of a musical work.
Further permitted acts	(3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:
	(a) the live performance in public of a musical work;
	(b) the performance in public of a sound recording embodying a musical work or a performer's performance of a musical work; or
	(c) the performance in public of a communication signal carrying
	(i) the live performance in public of a musical work, or
	(ii) a sound recording embodying a musical work or a performer's performance of a musical work.
	INTERPRETATION
No right to equitable remuneration	32.3 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.
	COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OF PERFORMERS AND BROADCASTERS
Certain rights and interests protected	32.4 (1) 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 preparation for, the doing of an act that would have infringed copyright under section 26 commencing on the later of those days, had that country been a WTO member, any right or interest of that person that
	(a) arises from or in connection with the doing of that act, and
	(b) is subsisting and valuable on the later of those days
	is not prejudiced or diminished by reason only that that country has become a WTO member, except as provided by an order of the Board made under subsection 78(3).
Compensa- tion	(2) Notwithstanding subsection (1), a person's right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.
Limitation	(3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.
Certain rights and interests protected	32.5 (1) 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 liability in connection with, or in preparation for, the doing of an act that would have infringed copyright under section 15 or 21 commencing on the later of those days, had Part II been in force or had that country been a Rome Convention country, any right or interest of that person that
	(a) arises from or in connection with the doing of that act, and
	(b) is subsisting and valuable on the later of those days
	is not prejudiced or diminished by reason only that Part II has come into force or that the country has become a Rome Convention country, except as provided by an order of the Board made under subsection 78(3).
Compensa- tion	(2) Notwithstanding subsection (1), a person's right or interest that is protected by that subsection terminates if and when the owner of the copyright pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.
Limitation	(3) Nothing in subsections (1) and (2) affects any right of a performer available in law or equity.
	COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OR MORAL RIGHTS
Certain rights and interests protected	33. (1) Notwithstanding subsections 27(1), (2) and (4) and sections 27.1, 28.1 and 28.2, where a person has, before the later of January 1, 1996 and the day on which a country becomes a treaty country, incurred an expenditure or liability in connection with, or in preparation for, the doing of an act that would have infringed a copyright owner's copyright or an author's moral rights had that country been a treaty country, any right or interest of that person that
	(a) arises from or in connection with the doing of that act, and
	(b) is subsisting and valuable on the latest of those days
	is not prejudiced or diminished by reason only that that country has become a treaty country, except as provided by an order of the Board made under subsection 78(3).
Compensa- tion	(2) Notwithstanding subsection (1), a person's right or interest that is protected by that subsection terminates, as against the copyright owner or author, if and when that copyright owner or the author, as the case may be, pays that person such compensation as is agreed to between the parties or, failing agreement, as is determined by the Board in accordance with section 78.
	PART IV
	REMEDIES
R.S., c. 10 (4th Supp.), s. 8; 1993, c. 15, s. 3, c. 44, s. 65(2); 1994, c. 47, s. 62, 63	20. (1) Sections 34 to 39 of the Act are replaced by the following:
Copyright	34. (1) 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 conferred by law for the infringement of a right.
Moral rights	(2) In any proceedings for an infringement of a moral right of an author, the court may grant to the author or to the person who holds the moral rights by virtue of subsection 14.2(2) or (3), as the case may be, all remedies by way of injunction, damages, accounts, delivery up and otherwise that are or may be conferred by law for the infringement of a right.
Costs	(3) The costs of all parties in any proceedings in respect of the infringement of a right conferred by this Act shall be in the discretion of the court.
Summary proceedings	(4) The following proceedings may be commenced or proceeded with by way of application or action and shall, in the case of an application, be heard and determined without delay and in a summary way:
	(a) proceedings for infringement of copyright or moral rights;
	(b) proceedings taken under section 44.1, 44.2 or 44.4; and
	(c) proceedings taken in respect of
	(i) a tariff certified by the Board under Part VII or VIII, or
	(ii) agreements referred to in section 70.12.
Practice and procedure	(5) The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide.
Actions	(6) The court in which proceedings are instituted by way of application may, where it considers it appropriate, direct that the proceeding be proceeded with as an action.
Meaning of ``application''	(7) In this section, ``application'' means a proceeding that is commenced other than by way of a writ or statement of claim.
Presumptions respecting copyright and ownership	34.1 (1) In any proceedings for infringement of copyright in which the defendant puts in issue either the existence of the copyright or the title of the plaintiff thereto,
	(a) copyright shall be presumed, unless the contrary is proved, to subsist in the work, performer's performance, sound recording or communication signal, as the case may be; and
	(b) the author, performer, maker or broadcaster, as the case may be, shall, unless the contrary is proved, be presumed to be the owner of the copyright.
Where no grant registered	(2) Where any matter referred to in subsection (1) is at issue and no assignment of the copyright, or licence granting an interest in the copyright, has been registered under this Act,
	(a) if a name purporting to be that of
	(i) the author of the work,
	(ii) the performer of the performer's performance,
	(iii) the maker of the sound recording, or
	(iv) the broadcaster of the communication signal
	is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author, performer, maker or broadcaster;
	(b) if
	(i) no name is so printed or indicated, or if the name so printed or indicated is not the true name of the author, performer, maker or broadcaster or the name by which that person is commonly known, and
	(ii) a name purporting to be that of the publisher or owner of the work, performer's performance, sound recording or communication signal is printed or otherwise indicated thereon in the usual manner,
	the person whose name is printed or indicated as described in subparagraph (ii) shall, unless the contrary is proved, be presumed to be the owner of the copyright in question; and
	(c) if, on a cinematographic work, a name purporting to be that of the maker of the cinematographic work appears in the usual manner, the person so named shall, unless the contrary is proved, be presumed to be the maker of the cinematographic work.
Liability for infringement	35. (1) Where a person infringes copyright, the person is liable to pay such damages to the owner of the copyright as the owner has suffered due to the infringement and, in addition to those damages, such part of the profits that the infringer has made from the infringement and that were not taken into account in calculating the damages as the court considers just.
Proof of profits	(2) In proving profits,
	(a) the plaintiff shall be required to prove only receipts or revenues derived from the infringement; and
	(b) the defendant shall be required to prove every element of cost that the defendant claims.
Protection of separate rights	36. (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.
Where copyright owner to be made party	(2) Where proceedings referred to in subsection (1) are taken by a person other than the copyright owner, the copyright owner must be made a party to those proceedings, except
	(a) in respect of proceedings taken under section 44.1, 44.2 or 44.4;
	(b) in respect 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, if the court is of the opinion that the interests of justice do not require the copyright owner to be a party.
Owner's liability for costs	(3) A copyright owner who is made a party to proceedings pursuant to subsection (2) is not liable for any costs unless the copyright owner takes part in the proceedings.
Apportion- ment of damages, profits	(4) Where a copyright owner is made a party to proceedings pursuant to 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.

Bill C-32

Statutory Obligations

Miscellaneous

INTERPRETATION

COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OF PERFORMERS AND BROADCASTERS

COMPENSATION FOR ACTS DONE BEFORE RECOGNITION OF COPYRIGHT OR MORAL RIGHTS

PART IV

REMEDIES