Copyright Act

Marginal note:Injunctive relief only — providers of information location tools

• 41.27 (1) In any proceedings for infringement of copyright, the owner of the copyright in a work or other subject-matter is not entitled to any remedy other than an injunction against a provider of an information location tool that is found to have infringed copyright by making a reproduction of the work or other subject-matter or by communicating that reproduction to the public by telecommunication.

• Marginal note:Conditions for application

  (2) Subsection (1) applies only if the provider, in respect of the work or other subject-matter,

  • (a) makes and caches, or does any act similar to caching, the reproduction in an automated manner for the purpose of providing the information location tool;

  • (b) communicates that reproduction to the public by telecommunication for the purpose of providing the information that has been located by the information location tool;

  • (c) does not modify the reproduction, other than for technical reasons;

  • (d) complies with any conditions relating to the making or caching, or doing of any act similar to caching, of reproductions of the work or other subject-matter, or to the communication of the reproductions to the public by telecommunication, that were specified in a manner consistent with industry practice by whoever made the work or other subject-matter available through the Internet or another digital network and that lend themselves to automated reading and execution; and

  • (e) does not interfere with the use of technology that is lawful and consistent with industry practice in order to obtain data on the use of the work or other subject-matter.

• Marginal note:Limitation

  (3) If the provider receives a notice of claimed infringement, relating to a work or other subject-matter, that complies with subsection 41.25(2) after the work or other subject-matter has been removed from the electronic location set out in the notice, then subsection (1) applies, with respect to reproductions made from that electronic location, only to infringements that occurred before the day that is 30 days — or the period that may be prescribed by regulation — after the day on which the provider receives the notice.

• Marginal note:Exception

  (4) Subsection (1) does not apply to the provision of the information location tool if the provision of that tool constitutes an infringement of copyright under subsection 27(2.3).

• Marginal note:Factors  —  scope of injunction

  (4.1) If it grants an injunction as set out in subsection (1), the court shall, among any other relevant factors, consider the following in establishing the terms of the injunction:

  • (a) the harm likely to be suffered by the copyright owner if steps are not taken to prevent or restrain the infringement; and

  • (b) the burden imposed on the provider and on the operation of the information location tool, including

    • (i) the aggregate effect of the injunction and any injunctions from other proceedings,

    • (ii) whether implementing the injunction would be technically feasible and effective in addressing the infringement,

    • (iii) whether implementing the injunction would interfere with the use of the information location tool for non-infringing acts, and

    • (iv) the availability of less burdensome and comparably effective means of preventing or restraining the infringement.

• Marginal note:Limitation

  (4.2) A court is not permitted to grant an injunction under section 39.1 against a provider who is the subject of an injunction set out in subsection (1).

• Meaning of information location tool

  (5) In this section, information location tool means any tool that makes it possible to locate information that is available through the Internet or another digital network.