Copyright Act (R.S.C., 1985, c. C-42)

• 29.9 (1) Where an educational institution or person acting under its authority

  • (a) makes a copy of a news program or a news commentary program and performs it pursuant to section 29.6, or

  • (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.

• (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.

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

• (a) not more than two passages from works by the same author are published by the same publisher within five years;

• (b) the source from which the passages are taken is acknowledged; and

• (c) the name of the author, if given in the source, is mentioned.

• 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, 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collection of another library, archive or museum, a copy of a work or other subject-matter, whether published or unpublished, in its permanent collection

  • (a) if the original is rare or unpublished and is

    • (i) deteriorating, damaged or lost, or

    • (ii) at risk of deterioration or becoming damaged or lost;

  • (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;

  • (c) in an alternative format if the original is currently in an obsolete format or the technology required to use the original is unavailable;

  • (d) for the purposes of internal record-keeping and cataloguing;

  • (e) for insurance purposes or police investigations; or

  • (f) if necessary for restoration.

• (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).

• (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.

• (4) The Governor in Council may make regulations with respect to the procedure for making copies under subsection (1).