Copyright Act

Marginal note:Sending copies 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 make a copy, in a format specially designed for persons with a print disability, of a work and to send the copy to a non-profit organization in another country for use by persons with print disabilities in that country, if the author of the work that is reformatted is

  • (a) a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

  • (b) a citizen or permanent resident of the country to which the copy is sent.

• Marginal note:Limitation

  (2) Subsection (1) does not authorize a large print book or a cinematographic work to be sent outside Canada.

• Marginal note:Work available in country

  (3) Subsection (1) does not authorize a copy to be sent to a country if the organization knows or has reason to believe that the work, in the format specially designed for persons with a print disability, is available in that country within a reasonable time and for a reasonable price, and may be located in that country with reasonable effort.

• Marginal note:Good faith mistake as to author’s nationality

  (3.1) If a non-profit organization that is relying on the exception set out in subsection (1) infringes copyright by reason only of making a mistake in good faith as to the citizenship or residency of the author of the work, an injunction is the only remedy that the owner of the copyright in the work has against the organization.

• Marginal note:Royalty

  (4) The organization making and sending the copy shall pay, in accordance with the regulations, any royalty established under the regulations to the copyright owner in the work.

• Marginal note:If copyright owner cannot be located

  (5) If the organization cannot locate the copyright owner, despite making reasonable efforts to do so, the organization shall pay, in accordance with the regulations, any royalty established under the regulations to a collective society.

• Marginal note:Reports

  (6) The organization making and sending the copy shall submit reports to an authority in accordance with the regulations on the organization’s activities under this section.

• Marginal note:Regulations

  (7) The Governor in Council may make regulations

  • (a) requiring a non-profit organization that seeks to send a copy outside Canada to, before doing so, enter into a contract with the recipient non-profit organization with respect to the use of the copy;

  • (b) respecting the form and content of such contracts;

  • (c) respecting any royalties to be paid under subsections (4) and (5);

  • (d) respecting to which collective society a royalty is payable in relation to works or classes of works for the purposes of subsection (5);

  • (e) respecting what constitutes reasonable efforts for the purposes of subsection (5); and

  • (f) respecting the reports to be made, and the authorities to which the reports are to be submitted, under subsection (6).

• Meaning of print disability

  (8) In this section, print disability means a disability that prevents or inhibits a person from reading a literary, musical 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.