Copyright Act

Marginal note:Copying works deposited in archive

• 30.21 (1) It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of an unpublished work that is deposited in the archive after the coming into force of this section.

• Marginal note:Notice

  (2) When a person deposits a work in an archive, the archive must give the person notice that it may copy the work in accordance with this section.

• Marginal note:Conditions for copying of works

  (3) The archive may only copy the work if

  • (a) the person who deposited the work, if a copyright owner, does not, at the time the work is deposited, prohibit its copying;

  • (b) copying has not been prohibited by any other owner of copyright in the work; and

  • (c) the archive is satisfied that the person for whom it is made will use the copy only for purposes of research or private study and makes only one copy for that person.

• Marginal note:Regulations

  (4) The Governor in Council may prescribe the manner and form in which the conditions in subsection (3) may be met.

• Marginal note:Where copyright owner cannot be found

  (5) Where an archive requires the consent of the copyright owner to copy an unpublished work deposited in the archive before the coming into force of this section but is unable to locate the owner, the archive may copy the work in accordance with subsection (3).

• Marginal note:Notice

  (6) The archive must make a record of any copy made under subsection (5) and keep it available for public inspection, as prescribed.

• Marginal note:Posthumous works

  (7) It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of any work to which subsection 7(4) applies if it was in the archive on the date of coming into force of this section.