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EXCEPTIONS
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Fair Dealing |
| Research or private study
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29. Fair dealing for the purpose
of research or private study does not infringe copyright.
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| Criticism or review
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29.1 Fair dealing for the purpose
of criticism or review does not infringe copyright if the following are mentioned:
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(b) if given in the source, the name of the
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(i) author, in the case of a work,
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(ii) performer, in the case of a performer's performance,
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(iii) maker, in the case of a sound recording, or
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(iv) broadcaster, in the case of a communication signal.
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| News reporting
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29.2 Fair dealing for the purpose
of news reporting does not infringe copyright if the following are mentioned:
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(b) if given in the source, the name of the
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(i) author, in the case of a work,
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(ii) performer, in the case of a performer's performance,
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(iii) maker, in the case of a sound recording, or
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(iv) broadcaster, in the case of a communication signal.
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Acts
Undertaken Without Motive of Gain
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| Motive of gain
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29.3 (1) No action referred to in
section 29.4, 29.5, 30.2 or 30.21 may be carried out with motive of gain.
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| Cost recovery
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(2) An educational institution, library,
archive or museum, or person acting under its authority does not
have a motive of gain where it or the person acting under its
authority, does anything referred to in section 29.4, 29.5, 30.2 or
30.21 and recovers no more than the costs, including overhead costs,
associated with doing that act.
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Educational
Institutions |
| Reproduction for instruction
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29.4 (1) It is not an
infringement of copyright for an educational institution or a person acting under its authority
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(a) to make a manual reproduction of a work onto a
dry-erase board, flip chart or other similar surface intended for
displaying handwritten material, or
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(b) to make a copy of a work to be used to project an image
of that copy using an overhead projector or similar device
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for the purposes of education or training on the premises of an educational institution.
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| Reproduction for examinations, etc.
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(2) It is not an infringement of
copyright for an educational institution or a person acting under its authority to
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(a) reproduce, translate or perform in public on the
premises of the educational institution, or
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(b) communicate by telecommunication to the public situated
on the premises of the educational institution
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a work or other subject-matter as
required for a test or examination.
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| Where work
commercially available
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(3) Except in the case of manual
reproduction, the exemption from copyright infringement provided by
paragraph (1)(b) and subsection (2) does not apply if the
work or other subject-matter is commercially available in a medium
that is appropriate for the purpose referred to in that paragraph or
subsection, as the case may be.
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| Performances
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29.5 It is not an infringement of
copyright for an educational institution or a person acting under
its authority to do the following acts if they are done on the
premises of an educational institution for educational or training
purposes and not for profit, before an audience consisting primarily
of students of the educational institution, instructors acting under
the authority of the educational institution or any person who is
directly responsible for setting a curriculum for the educational
institution:
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(a) the live performance in public, primarily by students
of the educational institution, of a work;
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(b) the performance in public of a sound recording or of a
work or performer's performance that is embodied in a sound
recording; and
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(c) the performance in public of a work or other
subject-matter at the time of its communication to the public by
telecommunication.
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| News and commentary
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29.6 (1) Subject to subsection
(2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to
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(a) make, at the time of its communication to the public by
telecommunication, a single copy of a news program or a news
commentary program, excluding documentaries, for the purposes of
performing the copy for the students of the educational
institution for educational or training purposes; and
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(b) perform the copy in public, at any time or times within
one year after the making of a copy under paragraph (a),
before an audience consisting primarily of students of the
educational institution on its premises for educational or
training purposes.
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| Royalties for reproduction and performance
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(2) The educational institution must
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(a) on the expiration of one year after making a copy under
paragraph (1)(a), pay the royalties and comply with any
terms and conditions fixed under this Act for the making of the
copy or destroy the copy; and
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(b) where it has paid the royalties referred to in
paragraph (a), pay the royalties and comply with any terms
and conditions fixed under this Act for any performance in public
of the copy after the expiration of that year.
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| Reproduction of
broadcast
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29.7 (1) Subject to subsection
(2) and section 29.9, it is not an infringement of copyright for an
educational institution or a person acting under its authority to
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(a) make a single copy of a work or other subject-matter at
the time that it is communicated to the public by
telecommunication; and
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(b) keep the copy for up to thirty days to decide whether
to perform the copy for educational or training purposes.
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| Royalties for reproduction
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(2) An educational institution that has
not destroyed the copy by the expiration of the thirty days
infringes copyright in the work or other subject-matter unless it
pays any royalties, and complies with any terms and conditions,
fixed under this Act for the making of the copy.
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| Royalties for performance
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(3) It is not an infringement of
copyright for the educational institution or a person acting under
its authority to perform the copy in public for educational or
training purposes on the premises of the educational institution
before an audience consisting primarily of students of the
educational institution if the educational institution pays the
royalties and complies with any terms and conditions fixed under
this Act for the performance in public.
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| Unlawful reception
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29.8 The exceptions to
infringement of copyright provided for under sections 29.5 to 29.7
do not apply where the communication to the public by
telecommunication was received by unlawful means.
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| Records and marking
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29.9 (1) Where an educational
institution or person acting under its authority
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(a) makes a copy of a news program or a news commentary program and performs it pursuant to section 29.6, or
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(b) makes a copy of a work or other subject-matter
communicated to the public by telecommunication and performs it
pursuant to section 29.7,
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the educational institution shall keep a
record of the information prescribed by regulation in relation to
the making of the copy, the destruction of it or any performance in
public of it for which royalties are payable under this Act and
shall, in addition, mark the copy in the manner prescribed by
regulation.
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| Regulations
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(2) The Board may, with the approval of
the Governor in Council, make regulations
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(a) prescribing the information in relation to the making,
destruction, performance and marking of copies that must be kept
under subsection (1),
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(b) prescribing the manner and form in which records
referred to in that subsection must be kept and copies destroyed
or marked, and
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(c) respecting the sending of information to collective
societies referred to in section 71.
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| Literary collections
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30. The publication in a
collection, mainly composed of non-copyright matter, intended for
the use of educational institutions, and so described in the title
and in any advertisements issued by the publisher, of short passages
from published literary works in which copyright subsists and not
themselves published for the use of educational institutions, does
not infringe copyright in those published literary works if
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(a) not more than two passages from works by the same
author are published by the same publisher within five years;
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(b) the source from which the passages are taken is
acknowledged; and
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(c) the name of the author, if given in the source, is
mentioned.
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Libraries, Archives and Museums |
| Management and maintenance of collection
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30.1 (1) It is not an
infringement of copyright for a library, archive or museum or a
person acting under the authority of a library, archive or museum to
make, in accordance with the regulations made under subsection (4),
for the maintenance or management of its permanent collection or the
permanent collection of another library, archive or museum, a copy
of a work or other subject-matter, whether published or unpublished,
in its permanent collection
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(a) if the original is rare or unpublished and is
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(i) deteriorating, damaged or lost, or
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(ii) at risk of deterioration or becoming damaged or lost;
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(b) for the purposes of on-site consultation if the
original cannot be viewed, handled or listened to because of its
condition or because of the atmospheric conditions in which it
must be kept;
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(c) in an alternative format if the original is currently
in an obsolete format or the technology required to use the
original is unavailable;
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(d) for the purposes of internal record-keeping and
cataloguing;
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(e) for insurance purposes or police investigations; or
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(f) if necessary for restoration.
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| Limitation
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(2) Paragraphs (1)(a) to (c)
do not apply where an appropriate copy is commercially available in
a medium and of a quality that is appropriate for the purposes of
subsection (1).
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| Destruction of intermediate copies
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(3) If a person must make an
intermediate copy in order to make a copy under subsection (1), the
person must destroy the intermediate copy as soon as it is no longer
needed.
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| Regulations
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(4) The Governor in Council may make
regulations with respect to the procedure for making copies under subsection (1).
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| Research or private study
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30.2 (1) It is not an
infringement of copyright for a library, archive or museum or a
person acting under its authority to do anything on behalf of any
person that the person may do personally under section 29 or 29.1.
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| Copies of articles for
research, etc.
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(2) It is not an infringement of
copyright for a library, archive or museum or a person acting under
the authority of a library, archive or museum to make, by
reprographic reproduction, for any person requesting to use the copy
for research or private study, a copy of a work that is, or that is
contained in, an article published in
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(a) a scholarly, scientific or technical periodical; or
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(b) a newspaper or periodical, other than a scholarly,
scientific or technical periodical, if the newspaper or periodical
was published more than one year before the copy is made.
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| Restriction
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(3) Paragraph (2)(b) does not
apply in respect of a work of fiction or poetry or a dramatic or musical work.
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| Conditions
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(4) A library, archive or museum may
make a copy under subsection (2) only on condition that
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(a) the person for whom the copy will be made has satisfied
the library, archive or museum that the person will not use the
copy for a purpose other than research or private study; and
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(b) the person is provided with a single copy of the work.
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| Patrons of other libraries, etc.
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(5) A library, archive or museum or a
person acting under the authority of a library, archive or museum
may do, on behalf of a person who is a patron of another library,
archive or museum, anything under subsection (1) or (2) in relation
to printed matter that it is authorized by this section to do on
behalf of a person who is one of its patrons, but the copy given to
the patron must not be in digital form.
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| Destruction of intermediate copies
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(5.1) Where an intermediate copy is made
in order to copy a work referred to in subsection (5), once the copy is given to the patron, the intermediate copy must be destroyed.
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| Regulations
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(6) The Governor in Council may, for the
purposes of this section, make regulations
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(a) defining ''newspaper'' and ''periodical'';
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(b) defining scholarly, scientific and technical periodicals;
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(c) prescribing the information to be recorded about any
action taken under subsection (1) or (5) and the manner and form
in which the information is to be kept; and
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(d) prescribing the manner and form in which the conditions set out in subsection (4) are to be met.
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| Copying works deposited in archive
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30.21 (1) It is not an infringement of copyright for an archive to make a copy, in
accordance with subsection (3), of an unpublished work that is deposited in the archive after the coming into force of this section.
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| Notice
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(2) When a person deposits a work in an
archive, the archive must give the person notice that it may copy the work in accordance with this section.
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| Conditions for copying of works
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(3) The archive may only copy the work if
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(a) the person who deposited the work, if a copyright owner, does not prohibit copying;
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(b) copying has not been prohibited by any other owner of copyright in the work; and
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(c) the archive is satisfied that the person for whom it is made will use the copy only for purposes of research or private
study and makes only one copy for that person.
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| Regulations
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(4) The Governor in Council may
prescribe the manner and form in which the conditions in subsection (3) may be met.
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| Where copyright owner cannot be found
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(5) Where an archive requires the
consent of the copyright owner to copy an unpublished work deposited in the archive before the coming into force of this section but is
unable to locate the owner, the archive may copy the work in accordance with subsection (3).
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| Notice
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(6) The archive must make a record of
any copy made under subsection (5), and keep it available for public inspection, as prescribed.
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| Posthumous works
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(7) It is not an infringement of
copyright for an archive to make a copy, in accordance with subsection (3), of any work to which subsection 7(4) applies, if it
was in the archive on the date of coming into force of this section.
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Machines
Installed in Educational Institutions, Libraries, Archives and Museums
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| No infringement by educational institution, etc.
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30.3 (1) An educational
institution or a library, archive or museum does not infringe copyright where
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(a) a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works in
printed form;
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(b) the machine is installed by or with the approval of the educational institution, library, archive or museum on its
premises for use by students, instructors or staff at the educational institution or by persons using the library, archive
or museum; and
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(c) there is affixed in the prescribed manner and location a notice warning of infringement of copyright.
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| Application
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(2) Subsection (1) only applies if, in respect of a reprographic reproduction,
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(a) the educational institution, library, archive or museum has entered into an agreement with a collective society that is
authorized by copyright owners to grant licences on their behalf;
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(b) the Board has, in accordance with section 70.2, fixed the royalties and related terms and conditions in respect of a
licence;
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(c) a tariff has been approved in accordance with section
70.15; or
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(d) a collective society has filed a proposed tariff in accordance with section 70.13.
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| Order
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(3) Where a collective society offers to negotiate or has begun to negotiate an agreement referred to in
paragraph (2)(a), the Board may, at the request of either party, order that the educational institution, library, archive or
museum be treated as an institution to which subsection (1) applies, during the period specified in the order.
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| Agreement with
copyright owner
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(4) Where an educational institution,
library, archive or museum has entered into an agreement with a
copyright owner other than a collective society respecting reprographic reproduction, subsection (1) applies only in respect of
the works of the copyright owner that are covered by the agreement.
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| Regulations
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(5) The Governor in Council may, for the
purposes of paragraph 1(c), prescribe by regulation the manner of affixing and location of notices and the dimensions, form
and contents of notices.
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Libraries, Archives and Museums in
Educational Institutions |
| Application to
libraries, etc within educational institutions
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30.4 For greater certainty, the
exceptions to infringement of copyright provided for under sections 29.4 to 30.3 and 45 also apply in respect of a library, archive or
museum that forms part of an educational institution.
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National
Archives of Canada |
| Copies for archival purposes
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30.5 The National Archives of
Canada may
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(a) make a copy of a recording, as defined in section 8 of the National Archives Act, for the purposes of that
section; and
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(b) at the time that a broadcasting undertaking, within the meaning of subsection 2(1) of the Broadcasting Act,
communicates a work or other subject-matter to the public by telecommunication, make a copy for archival purposes of the work
or other subject-matter that is included in that communication.
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