Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Reproduction for private purposes

• 29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if

  • (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy;

  • (b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced;

  • (c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;

  • (d) the individual does not give the reproduction away; and

  • (e) the reproduction is used only for the individual’s private purposes.

• Marginal note:Meaning of medium or device

  (2) For the purposes of paragraph (1)(b), a medium or device includes digital memory in which a work or subject-matter may be stored for the purpose of allowing the telecommunication of the work or other subject-matter through the Internet or other digital network.

• Marginal note:Limitation — audio recording medium

  (3) In the case of a work or other subject-matter that is a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound recording or a sound recording in which a musical work or a performer’s performance of a musical work is embodied, subsection (1) does not apply if the reproduction is made onto an audio recording medium as defined in section 79.

• Marginal note:Limitation — destruction of reproductions

  (4) Subsection (1) does not apply if the individual gives away, rents or sells the copy of the work or other subject-matter from which the reproduction is made without first destroying all reproductions of that copy that the individual has made under that subsection.