Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Where no infringement of copyright

• 80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of

  • (a) a musical work embodied in a sound recording,

  • (b) a performer’s performance of a musical work embodied in a sound recording, or

  • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied

  onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):

  • (a) selling or renting out, or by way of trade exposing or offering for sale or rental;

  • (b) distributing, whether or not for the purpose of trade;

  • (c) communicating to the public by telecommunication; or

  • (d) performing, or causing to be performed, in public.