This enactment amends provisions of the Copyright Act on access for persons with perceptual disabilities to copyrighted materials and, in doing so, implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. The amendments facilitate access for such persons to copyrighted materials while ensuring that the interests of copyright owners are safeguarded.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Production d’un exemplaire sur un autre support

32 (1) Ne constitue pas une violation du droit d’auteur le fait, pour une personne ayant une déficience perceptuelle, une personne agissant à sa demande ou un organisme sans but lucratif agissant dans son intérêt, Insertion start d’accomplir l’un Insertion end des Insertion start actes suivants Insertion end  :

• (a)  Insertion start reproduce Insertion end a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

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  (a.‍1) fix a performer’s performance of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

• (a.‍2) reproduce a sound recording, or a fixation of a performer’s performance referred to in paragraph (a.‍1), in a format specially designed for persons with a perceptual disability;

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  (b.‍1) provide a person with a perceptual disability with, or provide such a person with access to, a work or other subject-matter to which any of paragraphs (a) to (b) applies, in a format specially designed for persons with a perceptual disability, and do any other act that is necessary for that purpose; or

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• c) l’exécution en public en langage gestuel d’une œuvre littéraire ou dramatique — sauf cinématographique —  Insertion start soit Insertion end en Insertion start direct soit Insertion end sur un support pouvant servir aux personnes ayant une déficience perceptuelle.

Limitation

(2) Subsection (1) does not apply Insertion start if Insertion end the work or Insertion start other subject-matter Insertion end is commercially available, within the meaning of paragraph (a) of the definition commercially available Insertion start in section 2 Insertion end , in a format specially designed to meet the needs of Insertion start the Insertion end person Insertion start with a perceptual disability Insertion end referred to in that subsection.

Print disability — outside Canada

32.‍01 (1) 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 Insertion start do any of the following Insertion end :

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  (a) for the purpose of doing any of the acts set out in paragraph (b),

  • (i) reproduce a literary, musical, artistic or drama-tic work, other than a cinematographic work, in a format specially designed for persons with a print disability,

  • (ii) fix a performer’s performance of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a print disability, or

  • (iii) reproduce a sound recording, or a fixation of a performer’s performance referred to in subparagraph (ii), in a format specially designed for persons with a print disability;

• (b) provide either of the following with, or provide either of the following with access to, a work or other subject-matter to which any of subparagraphs (a)‍(i) to (iii) applies, in a format specially designed for persons with a print disability, and do any other act that is necessary for that purpose:

  • (i) a non-profit organization, in a country other than Canada, acting for the benefit of persons with a print disability in that country, or

  • (ii) a person with a print disability, in a country other than Canada, who has made a request to be provided with, or provided with access to, the work or other subject-matter through a non-profit organ-ization acting for the benefit of persons with a print disability in that country.

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Available in other country

(2)  Insertion start Paragraph Insertion end (1) Insertion start (b) Insertion end does not Insertion start apply Insertion end if the work Insertion start or other subject-matter Insertion end , in the format specially designed for persons with a print disability, is available in Insertion start the other Insertion end country within a reasonable time and for a reasonable price and may be located in that country with reasonable effort.

Marrakesh Treaty country

(3) An injunction is the only remedy that the owner of the copyright in the work or other subject-matter has against a non-profit organization relying on the exception set out in paragraph (1)‍(b) if

• (a) the other country referred to in that paragraph is a Marrakesh Treaty country; and

• (b) the non-profit organization infringes copyright by reason only that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection.

The owner of the copyright bears the burden of demonstrating that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection.

Not Marrakesh Treaty country

(3.‍1) An injunction is the only remedy that the owner of the copyright in the work or Insertion start other subject-matter Insertion end has against a non-profit organization relying on the exception set out in Insertion start paragraph Insertion end (1) Insertion start (b) Insertion end if

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  (a) the other country referred to in that paragraph is not a Marrakesh Treaty country;

• (b) the non-profit organization infringes copyright by reason only that the work or other subject-matter, in the format described in subsection (2), is available, and may be located, as described in that subsection; and

• (c) the non-profit organization demonstrates that it had reasonable grounds to believe that the work or other subject-matter, in the format described in subsection (2), was not available, and could not be located, as described in that subsection.

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Royalty

(4)  Insertion start A non-profit Insertion end organization Insertion start relying on Insertion end the Insertion start exception set out Insertion end in Insertion start subsection (1) Insertion end shall pay, in accordance with the regulations, any royalty established under the regulations to the copyright owner.

Reports

(6)  Insertion start A non-profit Insertion end organization Insertion start relying on Insertion end the Insertion start exception set out in subsection (1) Insertion end shall submit reports to an authority, in accordance with the regulations, on the organization’s activities under this section.

• (a) requiring that, before a non-profit organization Insertion start provides, or provides access to Insertion end , a Insertion start work or other subject-matter under paragraph (1)‍(b), the organization Insertion end enter into a contract with respect to the use of the Insertion start work or other subject-matter Insertion end with, Insertion start as the case may be Insertion end , the recipient non-profit organization Insertion start or the non-profit organization through which the request was made Insertion end ;

• (d) respecting to which collective society a royalty is payable in relation to works Insertion start or other subject-matter Insertion end , or classes of works Insertion start or other subject-matter Insertion end , for the purposes of subsection (5);

Definitions

(8)  Insertion start The following definitions apply Insertion end in this section.

Marrakesh Treaty country means a country that is a party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 27, 2013.‍ (pays partie au Traité de Marrakech)

print disability means a disability that prevents or inhibits a person from reading a literary, musical, Insertion start artistic Insertion end or dramatic work in its original format and includes such a disability resulting from

• (a) severe or total impairment of sight or the inability to focus or move one’s eyes;

• (b) the inability to hold or manipulate a book; or

• (c) an impairment relating to comprehension.‍ (déficience de lecture des imprimés)

Definition of non-profit organization

32.‍02 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 non-profit basis.

Persons with perceptual disabilities

41.‍16 (1) Paragraph 41.‍1(1)‍(a) does not apply to a person with a perceptual disability, Insertion start to Insertion end another person acting at their request or Insertion start to Insertion end a non-profit organization, Insertion start as defined in section 32.‍02 Insertion end , acting for their benefit, if that person or organization circumvents a technological protection measure Insertion start solely Insertion end for Insertion start one or more Insertion end of the Insertion start following purposes Insertion end :

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start to make Insertion end a work, a performer’s performance fixed in a sound recording or a sound recording perceptible to the person with a perceptual disability;

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  (b) to permit a person, or a non-profit organization referred to in subsection 32(1), to benefit from the exception set out in section 32;

• (c) to permit a non-profit organization referred to in subsection 32.‍01(1) to benefit from the exception set out in section 32.‍01.

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Services, technology, device or component

(2) Paragraphs 41.‍1(1)‍(b) and (c) do not apply to a person who offers or provides services to persons or Insertion start non-profit Insertion end organizations referred to in subsection (1) or Insertion start who Insertion end manufactures, imports or provides a technology, device or component, for the Insertion start sole purpose Insertion end of enabling those persons or Insertion start non-profit Insertion end organizations to circumvent a technological protection measure in accordance with that subsection.