Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2013-05-26 and last amended on 2012-11-07. Previous Versions

Marginal note:News and commentary
  •  (1) It is not an infringement of copyright for an educational institution or a person acting under its authority to

    • (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

    • (b) perform the copy in public before an audience consisting primarily of students of the educational institution on its premises for educational or training purposes.

  • (2) [Repealed, 2012, c. 20, s. 25]

  • 1997, c. 24, s. 18;
  • 2012, c. 20, s. 25.
Marginal note:Reproduction of broadcast
  •  (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

    • (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

    • (b) keep the copy for up to thirty days to decide whether to perform the copy for educational or training purposes.

  • Marginal note:Royalties for reproduction

    (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.

  • Marginal note:Royalties for performance

    (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.

  • 1997, c. 24, s. 18.
Marginal note:Unlawful reception

 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.

  • 1997, c. 24, s. 18.
Marginal note:Records and marking
  •  (1) Where an educational institution or person acting under its authority

    • (a[Repealed, 2012, c. 20, s. 26]

    • (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,

    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.

  • Marginal note:Regulations

    (2) The Board may, with the approval of the Governor in Council, make regulations

    • (a) prescribing the information in relation to the making, destruction, performance and marking of copies that must be kept under subsection (1),

    • (b) prescribing the manner and form in which records referred to in that subsection must be kept and copies destroyed or marked, and

    • (c) respecting the sending of information to collective societies referred to in section 71.

  • 1997, c. 24, s. 18;
  • 2012, c. 20, s. 26.