Copyright Act

Marginal note:Offences and punishment

• 42 (1) Every person who knowingly

  • (a) makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists,

  • (b) sells or rents out, or by way of trade exposes or offers for sale or rental, an infringing copy of a work or other subject-matter in which copyright subsists,

  • (c) distributes infringing copies of a work or other subject-matter in which copyright subsists, either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright,

  • (d) by way of trade exhibits in public an infringing copy of a work or other subject-matter in which copyright subsists, or

  • (e) imports for sale or rental into Canada any infringing copy of a work or other subject-matter in which copyright subsists

  is guilty of an offence and liable

  • (f) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or

  • (g) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Possession and performance offences and punishment

  (2) Every person who knowingly

  • (a) makes or possesses any plate that is specifically designed or adapted for the purpose of making infringing copies of any work or other subject-matter in which copyright subsists, or

  • (b) for private profit causes to be performed in public, without the consent of the owner of the copyright, any work or other subject-matter in which copyright subsists

  is guilty of an offence and liable

  • (c) on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or

  • (d) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Power of court to deal with copies or plates

  (3) The court before which any proceedings under this section are taken may, on conviction, order that all copies of the work or other subject-matter that appear to it to be infringing copies, or all plates in the possession of the offender predominantly used for making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

• Marginal note:Circumvention of technological protection measure

  (3.1) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, is guilty of an offence who knowingly and for commercial purposes contravenes section 41.1 and is liable

  • (a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or

  • (b) on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Limitation period

  (4) Proceedings by summary conviction in respect of an offence under this section may be instituted at any time within, but not later than, two years after the time when the offence was committed.

• Marginal note:Parallel importation of books

  (5) No person may be prosecuted under this section for importing a book or dealing with an imported book in the manner described in section 27.1.