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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2023-09-13 and last amended on 2023-04-27. Previous Versions

Marginal note:Management and maintenance of collection

  •  (1) 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, for the maintenance or management of its permanent collection or the permanent collection of another library, archive or museum, a copy of a work or other subject-matter, whether published or unpublished, in its permanent collection

    • (a) if the original is rare or unpublished and is

      • (i) deteriorating, damaged or lost, or

      • (ii) at risk of deterioration or becoming damaged or lost;

    • (b) for the purposes of on-site consultation if the original cannot be viewed, handled or listened to because of its condition or because of the atmospheric conditions in which it must be kept;

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acting under the authority of the library, archive or museum considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable;

    • (d) for the purposes of internal record-keeping and cataloguing;

    • (e) for insurance purposes or police investigations; or

    • (f) if necessary for restoration.

  • Marginal note:Limitation

    (2) Paragraphs (1)(a) to (c) do not apply where an appropriate copy is commercially available in a medium and of a quality that is appropriate for the purposes of subsection (1).

  • Marginal note:Destruction of intermediate copies

    (3) If a person must make an intermediate copy in order to make a copy under subsection (1), the person must destroy the intermediate copy as soon as it is no longer needed.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations with respect to the procedure for making copies under subsection (1).

  • 1997, c. 24, s. 18
  • 1999, c. 31, s. 59(E)
  • 2012, c. 20, s. 28
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