Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Copying works deposited in archive

• 30.21 (1) Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it.

• Marginal note:Notice

  (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.

• Marginal note:Conditions for copying of works

  (3) The archive may copy the work only on the condition that

  • (a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying; and

  • (b) copying has not been prohibited by any other owner of copyright in the work.

• Marginal note:Condition for providing copy

  (3.1) The archive may provide the person for whom a copy is made under subsection (1) with the copy only on the condition that

  • (a) the person is provided with a single copy of the work; and

  • (b) the archive informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question.

• Marginal note:Regulations

  (4) The Governor in Council may prescribe by regulation the manner and form in which the conditions set out in subsections (3) and (3.1) may be met.

• (5) to (7) [Repealed, 2004, c. 11, s. 21]

Machines Installed in Educational Institutions, Libraries, Archives and Museums

Marginal note:No infringement by educational institution, etc.

• 30.3 (1) An educational institution or a library, archive or museum does not infringe copyright where

  • (a) a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works in printed form;

  • (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

  • (c) there is affixed in the prescribed manner and location a notice warning of infringement of copyright.

• Marginal note:Application

  (2) Subsection (1) only applies if, in respect of a reprographic reproduction,

  • (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;

  • (b) the Board has, in accordance with subsection 71(2), fixed the royalty rates and related terms and conditions;

  • (c) a tariff has been approved in accordance with section 70; or

  • (d) a collective society has filed a proposed tariff in accordance with section 68.

• Marginal note:Order

  (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.

• Marginal note:Agreement with copyright owner

  (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.

• Marginal note:Regulations

  (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.

Libraries, Archives and Museums in Educational Institutions

Marginal note:Application to libraries, etc. within educational institutions

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.

Library and Archives of Canada

Marginal note:Permitted acts

30.5 It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act, to

• (a) make a copy of a work or other subject-matter in taking a representative sample for the purpose of preservation under subsection 8(2) of that Act;

• (b) effect the fixation of a copy of a publication, as defined in section 2 of that Act, that is provided by telecommunication in accordance with subsection 10(1) of that Act;

• (c) make a copy of a recording, as defined in subsection 11(2) of that Act, for the purposes of section 11 of that Act; or

• (d) at the time that a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy of the work or other subject-matter that is included in that communication.

Computer Programs

Marginal note:Permitted acts

30.6 It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, to

• (a) reproduce the copy by adapting, modifying or converting it, or translating it into another computer language, if the person proves that the reproduced copy

  • (i) is essential for the compatibility of the computer program with a particular computer,

  • (ii) is solely for the person’s own use, and

  • (iii) was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it; or

• (b) reproduce for backup purposes the copy or a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it.

Marginal note:Interoperability of computer programs

• 30.61 (1) It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, to reproduce the copy if

  • (a) they reproduce the copy for the sole purpose of obtaining information that would allow the person to make the program and another computer program interoperable; and

  • (b) they do not use or disclose that information, except as necessary to make the program and another computer program interoperable or to assess that interoperability.

• Marginal note:No limitation

  (2) In the case where that information is used or disclosed as necessary to make another computer program interoperable with the program, subsection (1) applies even if the other computer program incorporates the information and is then sold, rented or otherwise distributed.

Encryption Research

Marginal note:Encryption research

• 30.62 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the purposes of encryption research if

  • (a) it would not be practical to carry out the research without making the copy;

  • (b) the person has lawfully obtained the work or other subject-matter; and

  • (c) the person has informed the owner of the copyright in the work or other subject-matter.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the research to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the research reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Security

Marginal note:Security

• 30.63 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or administrator of a computer, computer system or computer network, of assessing the vulnerability of the computer, system or network or of correcting any security flaws.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the assessment or correction to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the assessment or correction reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Incidental Inclusion

Marginal note:Incidental use

30.7 It is not an infringement of copyright to incidentally and not deliberately

• (a) include a work or other subject-matter in another work or other subject-matter; or

• (b) do any act in relation to a work or other subject-matter that is incidentally and not deliberately included in another work or other subject-matter.

Temporary Reproductions for Technological Processes

Marginal note:Temporary reproductions

30.71 It is not an infringement of copyright to make a reproduction of a work or other subject-matter if

• (a) the reproduction forms an essential part of a technological process;

• (b) the reproduction’s only purpose is to facilitate a use that is not an infringement of copyright; and

• (c) the reproduction exists only for the duration of the technological process.

Ephemeral Recordings

Marginal note:Ephemeral recordings

• 30.8 (1) It is not an infringement of copyright for a programming undertaking to fix or reproduce in accordance with this section a performer’s performance or work, other than a cinematographic work, that is performed live or a sound recording that is performed at the same time as the performer’s performance or work, if the undertaking

  • (a) is authorized to communicate the performer’s performance, work or sound recording to the public by telecommunication;

  • (b) makes the fixation or the reproduction itself, for its own broadcasts;

  • (c) does not synchronize the fixation or reproduction with all or part of another recording, performer’s performance or work; and

  • (d) does not cause the fixation or reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

• Marginal note:Record keeping

  (2) The programming undertaking must record the dates of the making and destruction of all fixations and reproductions and any other prescribed information about the fixation or reproduction, and keep the record current.

• Marginal note:Right of access by copyright owners

  (3) The programming undertaking must make the record referred to in subsection (2) available to owners of copyright in the works, sound recordings or performer’s performances, or their representatives, within twenty-four hours after receiving a request.

• Marginal note:Destruction

  (4) The programming undertaking must destroy the fixation or reproduction within thirty days after making it, unless

  • (a) the copyright owner authorizes its retention; or

  • (b) it is deposited in an archive, in accordance with subsection (6).

• Marginal note:Royalties

  (5) Where the copyright owner authorizes the fixation or reproduction to be retained after the thirty days, the programming undertaking must pay any applicable royalty.

• Marginal note:Archive

  (6) Where the programming undertaking considers a fixation or reproduction to be of an exceptional documentary character, the undertaking may, with the consent of an official archive, deposit it in the official archive and must notify the copyright owner, within thirty days, of the deposit of the fixation or reproduction.

• Marginal note:Definition of official archive

  (7) In subsection (6), official archive means the Library and Archives of Canada or any archive established under the law of a province for the preservation of the official archives of the province.

• Marginal note:Application

  (8) This section does not apply where a licence is available from a collective society to make the fixation or reproduction of the performer’s performance, work or sound recording.

• Marginal note:Telecommunications by networks

  (9) A broadcasting undertaking, as defined in the Broadcasting Act, may make a single reproduction of a fixation or reproduction made by a programming undertaking and communicate it to the public by telecommunication, within the period referred to in subsection (4), if the broadcasting undertaking meets the conditions set out in subsection (1) and is part of a prescribed network that includes the programming undertaking.

• Marginal note:Limitations

  (10) The reproduction and communication to the public by telecommunication must be made

  • (a) in accordance with subsections (2) to (6); and

  • (b) within thirty days after the day on which the programming undertaking made the fixation or reproduction.

• Marginal note:Definition of programming undertaking

  (11) In this section, programming undertaking means

  • (a) a programming undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act;

  • (b) a programming undertaking described in paragraph (a) that originates programs within a network, as defined in subsection 2(1) of the Broadcasting Act; or

  • (c) a distribution undertaking, as defined in subsection 2(1) of the Broadcasting Act, that is carried on lawfully under that Act, in respect of the programs that it originates.

  For greater certainty, it does not include an online undertaking, as defined in subsection 2(1) of the Broadcasting Act.