C-1114264-65Elizabeth II2015-2016An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), An Act to amend theAn Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)20166
22
4201690788SUMMARYThis 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:R.S., c. C-42Copyright Act2012, c. 20, s. 36The portion of subsection 32(1) of the French version of the Copyright Act before paragraph (a) is replaced by the following:Production d’un exemplaire sur un autre supportNe 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, d’accomplir l’un des actes suivants : 1997, c. 24, s. 19Paragraph 32(1)(a) of the Act is replaced by the following:reproduce a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;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;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;Subsection 32(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: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; or1997, c. 24, s. 19Paragraph 32(1)(c) of the French version of the Act is replaced by the following:l’exécution en public en langage gestuel d’une oeuvre littéraire ou dramatique — sauf cinématographique — soit en direct soit sur un support pouvant servir aux personnes ayant une déficience perceptuelle.1997, c. 24, s. 19Subsections 32(2) and (3) of the Act are replaced by the following:LimitationSubsection (1) does not apply if the work or other subject-matter is commercially available, within the meaning of paragraph (a) of the definition commercially available in section 2, in a format specially designed to meet the needs of the person with a perceptual disability referred to in that subsection.2012, c. 20, s. 37Subsections 32.01(1) to (4) of the Act are replaced by the following:Print disability — outside CanadaSubject 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 do any of the following:for the purpose of doing any of the acts set out in paragraph (b),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,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, orreproduce 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;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:a non-profit organization, in a country other than Canada, acting for the benefit of persons with a print disability in that country, ora 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.Available in other countryParagraph (1)(b) does not apply if the work or other subject-matter, in the format specially designed for persons with a print disability, is available in the other country within a reasonable time and for a reasonable price and may be located in that country with reasonable effort.Marrakesh Treaty countryAn 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) ifthe other country referred to in that paragraph is a Marrakesh Treaty country; andthe 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 countryAn 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) ifthe other country referred to in that paragraph is not a Marrakesh Treaty country;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; andthe 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.RoyaltyA non-profit organization relying on the exception set out in subsection (1) shall pay, in accordance with the regulations, any royalty established under the regulations to the copyright owner.2012, c. 20, s. 37Subsection 32.01(6) of the Act is replaced by the following:ReportsA non-profit organization relying on the exception set out in subsection (1) shall submit reports to an authority, in accordance with the regulations, on the organization’s activities under this section.2012, c. 20, s. 37Paragraph 32.01(7)(a) of the Act is replaced by the following:requiring that, before a non-profit organization provides, or provides access to, a work or other subject-matter under paragraph (1)(b), the organization enter into a contract with respect to the use of the work or other subject-matter with, as the case may be, the recipient non-profit organization or the non-profit organization through which the request was made;2012, c. 20, s. 37Paragraph 32.01(7)(d) of the Act is replaced by the following:respecting to which collective society a royalty is payable in relation to works or other subject-matter, or classes of works or other subject-matter, for the purposes of subsection (5);2012, c. 20, s. 37Subsection 32.01(8) of the Act is replaced by the following:DefinitionsThe following definitions apply 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, artistic or dramatic work in its original format and includes such a disability resulting fromsevere or total impairment of sight or the inability to focus or move one’s eyes;the inability to hold or manipulate a book; oran impairment relating to comprehension. (déficience de lecture des imprimés)The Act is amended by adding the following after section 32.01:Definition of non-profit organizationIn 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.2012, c. 20, s. 47Section 41.16 of the Act is replaced by the following:Persons with perceptual disabilitiesParagraph 41.1(1)(a) does not apply to a person with a perceptual disability, to another person acting at their request or to a non-profit organization, as defined in section 32.02, acting for their benefit, if that person or organization circumvents a technological protection measure solely for one or more of the following purposes:to make a work, a performer’s performance fixed in a sound recording or a sound recording perceptible to the person with a perceptual disability;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;to permit a non-profit organization referred to in subsection 32.01(1) to benefit from the exception set out in section 32.01.Services, technology, device or componentParagraphs 41.1(1)(b) and (c) do not apply to a person who offers or provides services to persons or non-profit organizations referred to in subsection (1) or who manufactures, imports or provides a technology, device or component, for the sole purpose of enabling those persons or non-profit organizations to circumvent a technological protection measure in accordance with that subsection.