(1) Section 26 describes the nature of copyright in literary, audio-visual and musical or artistic works. It provides for the exclusive right of copyright holder to control reproduction and distribution of their works to the public;
(2) Section 35 defines and describes what constitutes copyright infringement and imposes criminal liability for distribution or making available to the public protected works without a license;
(3) Section 38 lists the offences and penalties for copyright infringement including the making and distribution of protected works without a license.
(4) Neither the Copyright Act nor other legislation imposes specific penalties on service providers for failing to block or remove infringing content. However, the continued existence of copyright material on a website, can be construed as a continuing violation and thus fall under the ‘distribution’ clause under s. 35 and 38 of the Copyright Act, thus giving rise to liability.
Topic, claim, or defense
Type of service provider
General or Non-Specified
Type of law