Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations (SOR/99-325)

Regulations are current to 2013-05-20 and last amended on 2008-05-15. Previous Versions

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

SOR/99-325

COPYRIGHT ACT

Registration 1999-07-28

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

P.C. 1999-1351  1999-07-28

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsections 30.2(6)Footnote a, 30.21(4)Footnote a and 6Footnote a and 30.3(5)Footnote a of the Copyright Act, hereby makes the annexed Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations.

INTERPRETATION

  • 1. (1) In these Regulations, "Act" means the Copyright Act.

  • (2) In these Regulations, a reference to a copy of a work is a reference to a copy of all or any substantial part of a work.

NEWSPAPER OR PERIODICAL

2. For the purpose of subsection 30.2(6) of the Act, "newspaper or periodical" means a newspaper or a periodical, other than a scholarly, scientific or technical periodical, that was published more than one year before the copy is made.

RECORDS KEPT UNDER SECTION 30.2 OF THE ACT

3. In respect of activities undertaken by a library, an archive or a museum under subsection 30.2(1) of the Act, section 4 applies only to the reproduction of works.

  • 4. (1) Subject to subsection (2), a library, an archive or a museum, or a person acting under the authority of one, shall record the following information with respect to a copy of a work that is made under section 30.2 of the Act:

    • (a) the name of the library, archive or museum making the copy;

    • (b) if the request for a copy is made by a library, archive or museum on behalf of a person who is a patron of the library, archive or museum, the name of the library, archive or museum making the request;

    • (c) the date of the request; and

    • (d) information that is sufficient to identify the work, such as

      • (i) the title,

      • (ii) the International Standard Book Number,

      • (iii) the International Standard Serial Number,

      • (iv) the name of the newspaper, the periodical or the scholarly, scientific or technical periodical in which the work is found, if the work was published in a newspaper, a periodical or a scholarly, scientific or technical periodical,

      • (v) the date or volume and number of the newspaper or periodical, if the work was published in a newspaper or periodical,

      • (vi) the date or volume and number of the scholarly, scientific or technical periodical, if the work was published in a scholarly, scientific or technical periodical, and

      • (vii) the numbers of the copied pages.

  • (2) A library, an archive or a museum, or a person acting under the authority of one, does not have to record the information referred to in subsection (1) if the copy of the work is made under subsection 30.2(1) of the Act after December 31, 2003.

  • (3) A library, an archive or a museum, or a person acting under the authority of one, shall keep the information referred to in subsection (1)

    • (a) by retaining the copy request form; or

    • (b) in any other manner that is capable of reproducing the information in intelligible written form within a reasonable time.

  • (4) A library, an archive or a museum, or a person acting under the authority of one, shall keep the information referred to in subsection (1) with respect to copies made of a work for at least three years.

  • (5) A library, an archive or a museum, or a person acting under the authority of one, shall make the information referred to in subsection (1), with respect to copies made of a work, available once a year to one of the following persons, on request made by the person in accordance with subsection (7):

    • (a) the owner of copyright in the work;

    • (b) the representative of the owner of copyright in the work; or

    • (c) a collective society that is authorized by the owner of copyright in the work to grant licences on their behalf.

  • (6) A library, an archive or a museum, or a person acting under the authority of one, shall make the information referred to in subsection (1) available to the person making the request, within 28 days after the receipt of the request or any longer period that may be agreed to by both of them.

  • (7) A request referred to in subsection (5) must be made in writing, indicate the name of the author of the work and the title of the work, and be signed by the person making the request and include a statement by that person indicating that the request is made under paragraph (5)(a), (b) or (c).