Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2016-11-21 and last amended on 2016-06-22. Previous Versions

Marginal note:Copying works deposited in archive
  •  (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copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it.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  • (5) to (7) [Repealed, 2004, c. 11, s. 21]

  • 1997, c. 24, s. 18;
  • 1999, c. 31, s. 60(E);
  • 2004, c. 11, s. 21;
  • 2012, c. 20, s. 30.

Machines Installed in Educational Institutions, Libraries, Archives and Museums

Marginal note:No infringement by educational institution, etc.
  •  (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 section 70.2, fixed the royalties and related terms and conditions in respect of a licence;

    • (c) a tariff has been approved in accordance with section 70.15; or

    • (d) a collective society has filed a proposed tariff in accordance with section 70.13.

  • 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.

  • 1997, c. 24, s. 18.

Libraries, Archives and Museums in Educational Institutions

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

 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.

  • 1997, c. 24, s. 18.

Library and Archives of Canada

Marginal note:Permitted acts

 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.

  • 1997, c. 24, s. 18;
  • 2004, c. 11, s. 25.

Computer Programs

Marginal note:Permitted acts

 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.

  • 1997, c. 24, s. 18;
  • 2012, c. 20, s. 31.
Marginal note:Interoperability of computer programs
  •  (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.

  • 2012, c. 20, s. 31.

Encryption Research

Marginal note:Encryption research
  •  (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.

  • 2012, c. 20, s. 31.
 
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