Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Maximum amount that may be recovered

• 38.2 (1) An owner of copyright in a work who has not authorized a collective society to authorize its reprographic reproduction may recover, in proceedings against an educational institution, library, archive or museum that has reproduced the work, a maximum amount equal to the amount of royalties that would have been payable to the society in respect of the reprographic reproduction, if it were authorized, either

  • (a) under any agreement entered into with the collective society; or

  • (b) under a tariff certified by the Board pursuant to section 70.15.

• Marginal note:Agreements with more than one collective society

  (2) Where agreements respecting reprographic reproduction have been signed with more than one collective society or where more than one tariff applies or where both agreements and tariffs apply, the maximum amount that the copyright owner may recover is the largest amount of the royalties provided for in any of those agreements or tariffs.

• Marginal note:Application

  (3) Subsections (1) and (2) apply only where

  • (a) the collective society is entitled to authorize, or the tariff provides for the payment of royalties in respect of, the reprographic reproduction of that category of work; and

  • (b) copying of that general nature and extent is covered by the agreement or tariff.

Marginal note:Injunction only remedy when defendant not aware of copyright

• 39. (1) Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that, at the date of the infringement, the defendant was not aware and had no reasonable ground for suspecting that copyright subsisted in the work or other subject-matter in question.

• Marginal note:Exception where copyright registered

  (2) Subsection (1) does not apply if, at the date of the infringement, the copyright was duly registered under this Act.

Marginal note:Wide injunction

• 39.1 (1) When granting an injunction in respect of an infringement of copyright in a work or other subject-matter, the court may further enjoin the defendant from infringing the copyright in any other work or subject-matter if

  • (a) the plaintiff is the owner of the copyright or the person to whom an interest in the copyright has been granted by licence; and

  • (b) the plaintiff satisfies the court that the defendant will likely infringe the copyright in those other works or subject-matter unless enjoined by the court from doing so.

• Marginal note:Application of injunction

  (2) An injunction granted under subsection (1) may extend to works or other subject-matter

  • (a) in respect of which the plaintiff was not, at the time the proceedings were commenced, the owner of the copyright or the person to whom an interest in the copyright has been granted by licence; or

  • (b) that did not exist at the time the proceedings were commenced.