Government of Canada / Gouvernement du Canada
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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2024-06-19 and last amended on 2023-04-27. Previous Versions

Marginal note:Copying works deposited in archive

  •  (1) Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it.

  • 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 copy the work only on the condition that

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

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

  • Marginal note:Condition for providing copy

    (3.1) The archive may provide the person for whom a copy is made under subsection (1) with the copy only on the condition that

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

    • (b) the archive 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:Regulations

    (4) The Governor in Council may prescribe by regulation the manner and form in which the conditions set out in subsections (3) and (3.1) may be met.

  • (5) to (7) [Repealed, 2004, c. 11, s. 21]

  • 1997, c. 24, s. 18
  • 1999, c. 31, s. 60(E)
  • 2004, c. 11, s. 21
  • 2012, c. 20, s. 30

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