Fixing Signals and Recording Programs for Later Listening or Viewing
Marginal note:Reproduction for later listening or viewing
29.23 (1) It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance that is being broadcast, in order to record a program for the purpose of listening to or viewing it later, if
(a) the individual receives the program legally;
(b) the individual, in order to record the program, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;
(c) the individual makes no more than one recording of the program;
(d) the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time;
(e) the individual does not give the recording away; and
(f) the recording is used only for the individual’s private purposes.
(2) Subsection (1) does not apply if the individual receives the work, performer’s performance or sound recording under an on-demand service.
(3) The following definitions apply in this section.
« radiodiffusion »
“broadcast” means any transmission of a work or other subject-matter by telecommunication for reception by the public, but does not include a transmission that is made solely for performance in public.
« service sur demande »
“on-demand service” means a service that allows a person to receive works, performer’s performances and sound recordings at times of their choosing.
- 2012, c. 20, s. 22.
Marginal note:Backup copies
29.24 (1) It is not an infringement of copyright in a work or other subject-matter for a person who owns — or has a licence to use — a copy of the work or subject-matter (in this section referred to as the “source copy”) to reproduce the source copy if
(a) the person does so solely for backup purposes in case the source copy is lost, damaged or otherwise rendered unusable;
(b) the source copy is not an infringing copy;
(c) the person, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented; and
(d) the person does not give any of the reproductions away.
Marginal note:Backup copy becomes source copy
(2) If the source copy is lost, damaged or otherwise rendered unusable, one of the reproductions made under subsection (1) becomes the source copy.
(3) The person shall immediately destroy all reproductions made under subsection (1) after the person ceases to own, or to have a licence to use, the source copy.
- 2012, c. 20, s. 22.
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