Copyright Act (R.S.C., 1985, c. C-42)

30.2 (1) It is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29.1.

(2) 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, by reprographic reproduction, for any person requesting to use the copy for research or private study, a copy of a work that is, or that is contained in, an article published in

• (a) a scholarly, scientific or technical periodical; or

• (b) a newspaper or periodical, other than a scholarly, scientific or technical periodical, if the newspaper or periodical was published more than one year before the copy is made.

(3) Paragraph (2)(b) does not apply in respect of a work of fiction or poetry or a dramatic or musical work.

(4) A library, archive or museum may make a copy under subsection (2) only on condition that

• (a) the person for whom the copy will be made has satisfied the library, archive or museum that the person will not use the copy for a purpose other than research or private study; and

• (b) the person is provided with a single copy of the work.

(5) A library, archive or museum or a person acting under the authority of a library, archive or museum may do, on behalf of a person who is a patron of another library, archive or museum, anything under subsection (1) or (2) in relation to printed matter that it is authorized by this section to do on behalf of a person who is one of its patrons, but the copy given to the patron must not be in digital form.

(5.1) Where an intermediate copy is made in order to copy a work referred to in subsection (5), once the copy is given to the patron, the intermediate copy must be destroyed.

(6) The Governor in Council may, for the purposes of this section, make regulations

• (a) defining “newspaper” and “periodical”;

• (b) defining scholarly, scientific and technical periodicals;

• (c) prescribing the information to be recorded about any action taken under subsection (1) or (5) and the manner and form in which the information is to be kept; and

• (d) prescribing the manner and form in which the conditions set out in subsection (4) are to be met.

30.21 (1) It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of an unpublished work that is deposited in the archive.

(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.

(3) The archive may only copy the work if

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

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

• (c) the archive is satisfied that the person for whom it is made will use the copy only for purposes of research or private study and makes only one copy for that person.

(4) The Governor in Council may prescribe the manner and form in which the conditions in subsection (3) may be met.

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