Marginal note:No infringement by educational institution, etc.
(a) a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works in printed form;
(b) the machine is installed by or with the approval of the educational institution, library, archive or museum on its premises for use by students, instructors or staff at the educational institution or by persons using the library, archive or museum; and
(c) there is affixed in the prescribed manner and location a notice warning of infringement of copyright.
(2) Subsection (1) only applies if, in respect of a reprographic reproduction,
(a) the educational institution, library, archive or museum has entered into an agreement with a collective society that is authorized by copyright owners to grant licences on their behalf;
(b) the Board has, in accordance with section 70.2, fixed the royalties and related terms and conditions in respect of a licence;
(c) a tariff has been approved in accordance with section 70.15; or
(d) a collective society has filed a proposed tariff in accordance with section 70.13.
(3) Where a collective society offers to negotiate or has begun to negotiate an agreement referred to in paragraph (2)(a), the Board may, at the request of either party, order that the educational institution, library, archive or museum be treated as an institution to which subsection (1) applies, during the period specified in the order.
Marginal note:Agreement with copyright owner
(4) Where an educational institution, library, archive or museum has entered into an agreement with a copyright owner other than a collective society respecting reprographic reproduction, subsection (1) applies only in respect of the works of the copyright owner that are covered by the agreement.
(5) The Governor in Council may, for the purposes of paragraph 1(c), prescribe by regulation the manner of affixing and location of notices and the dimensions, form and contents of notices.
- 1997, c. 24, s. 18
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