Copyright Act

Version of section 30.2 from 2002-12-31 to 2012-11-06:

Marginal note:Research or private study
  •  (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.

  • Marginal note:Copies of articles for research, etc.

    (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.

  • Marginal note:Restriction

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

  • Marginal note:Conditions

    (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.

  • Marginal note:Patrons of other libraries, etc.

    (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.

  • Marginal note:Destruction of intermediate copies

    (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.

  • Marginal note:Regulations

    (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.

  • 1997, c. 24, s. 18.
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