Canadian Copyright Act Criminal Sanctions

The full wording of section 42 is as follows:

42.(1) Every person who knowingly

(a) makes for sale or hire any infringing copy of a work in which copyright subsists,

(b) sells or lets for hire or by way of trade exposes or offers for sale or hire any infringing copy of any work in which copyright subsists,

(c) distributes infringing copies of any work 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 any infringing copy of any work in which copyright subsists, or

(e) imports for sale or hire into Canada any infringing copy of any work 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.

(2) Possession and performance offences and punishment-- Every person who knowingly

(a) makes or possesses any plate for the purpose of making infringing copies of any work 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 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.

(3) Power of court to deal with copies or plates-- The court before which any proceedings under this section are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender that appear to it to be infringing copies or plates for the purpose of making infringing copies be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

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