Copyright Modernization Act (S.C. 2012, c. 20)

• (c) in an alternative format if the library, archive or museum or a person acting under the authority of the library, archive or museum considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable;

• Marginal note:Conditions

  (4) A library, archive or museum may provide the person for whom the copy is made under subsection (2) with the copy only on the condition that

  • (a) the person is provided with a single copy of the work; and

  • (b) the library, archive or museum informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question.

• Marginal note:Patrons of other libraries, etc.

  (5) Subject to subsection (5.02), a library, archive or museum, or a person acting under the authority of one, may do, on behalf of a patron of another library, archive or museum, anything under subsection (1) or (2) that it is authorized by this section to do on behalf of one of its own patrons.

• Marginal note:Deeming

  (5.01) For the purpose of subsection (5), the making of a copy of a work other than by reprographic reproduction is deemed to be a making of a copy of the work that may be done under subsection (2).

• Marginal note:Limitation regarding copies in digital form

  (5.02) A library, archive or museum, or a person acting under the authority of one, may, under subsection (5), provide a copy in digital form to a person who has requested it through another library, archive or museum if the providing library, archive or museum or person takes measures to prevent the person who has requested it from

  • (a) making any reproduction of the digital copy, including any paper copies, other than printing one copy of it;

  • (b) communicating the digital copy to any other person; and

  • (c) using the digital copy for more than five business days from the day on which the person first uses it.

Marginal note:Permitted acts

30.6 It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, to

• (a) reproduce the copy by adapting, modifying or converting it, or translating it into another computer language, if the person proves that the reproduced copy

  • (i) is essential for the compatibility of the computer program with a particular computer,

  • (ii) is solely for the person’s own use, and

  • (iii) was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it; or

• (b) reproduce for backup purposes the copy or a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it.

Marginal note:Interoperability of computer programs

• 30.61 (1) It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, to reproduce the copy if

  • (a) they reproduce the copy for the sole purpose of obtaining information that would allow the person to make the program and another computer program interoperable; and

  • (b) they do not use or disclose that information, except as necessary to make the program and another computer program interoperable or to assess that interoperability.

• Marginal note:No limitation

  (2) In the case where that information is used or disclosed as necessary to make another computer program interoperable with the program, subsection (1) applies even if the other computer program incorporates the information and is then sold, rented or otherwise distributed.

Encryption Research

Marginal note:Encryption research

• 30.62 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the purposes of encryption research if

  • (a) it would not be practical to carry out the research without making the copy;

  • (b) the person has lawfully obtained the work or other subject-matter; and

  • (c) the person has informed the owner of the copyright in the work or other subject-matter.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the research to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the research reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Security

Marginal note:Security

• 30.63 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or administrator of a computer, computer system or computer network, of assessing the vulnerability of the computer, system or network or of correcting any security flaws.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the assessment or correction to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the assessment or correction reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Temporary Reproductions for Technological Processes

Marginal note:Temporary reproductions

30.71 It is not an infringement of copyright to make a reproduction of a work or other subject-matter if

• (a) the reproduction forms an essential part of a technological process;

• (b) the reproduction’s only purpose is to facilitate a use that is not an infringement of copyright; and

• (c) the reproduction exists only for the duration of the technological process.

The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act, or be exempted from this requirement by the Canadian Radio-television and Telecommunications Commission.