États-Unis d'Amérique

Canada

Moyens de faire respecter les DPI

Prescriptions spéciales concernant les mesures à la frontière

[Follow-up question from the US] The Government of Canada states that, with respect to detention of infringing copyright works by customs authorities, "certain limited exceptions apply under section 45 of the Copyright Act". Please describe those limited exceptions.

Section 45 of the Copyright Act provides as follows: "1. Notwithstanding anything in this Act, it is lawful for a person: (a) to import for their own use not more than two copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made; (b) to import for use by a department of the Government of Canada or a province copies of a work or other subject-matter made with the consent of the owner of the copyright in the country where it was made; (c) at any time before copies of a work or other subject-matter are made in Canada, to import any copies, except copies of a book, made with the consent of the owner of the copyright in the country where the copies were made, that are required for the use of a library, archive, museum or educational institution; (d) to import, for the use of a library, archive, museum or educational institution, not more than one copy of a book that is made with the consent of the owner of the copyright in the country where the book was made; and (e) to import copies, made with the consent of the owner of the copyright in the country where they were made, of any used books, except textbooks of a scientific nature, technical or scholarly nature for use within an educational institution in a course of instruction. (2) An officer of customs may, in the officer's discretion, require a person seeking to import a copy of a work or other subject-matter under this section to produce satisfactory evidence of the facts necessary to establish the person's right to import the copy."