Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Backup copies

• 29.24 (1) It is not an infringement of copyright in a work or other subject-matter for a person who owns — or has a licence to use — a copy of the work or subject-matter (in this section referred to as the “source copy”) to reproduce the source copy if

  • (a) the person does so solely for backup purposes in case the source copy is lost, damaged or otherwise rendered unusable;

  • (b) the source copy is not an infringing copy;

  • (c) the person, 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; and

  • (d) the person does not give any of the reproductions away.

• Marginal note:Backup copy becomes source copy

  (2) If the source copy is lost, damaged or otherwise rendered unusable, one of the reproductions made under subsection (1) becomes the source copy.

• Marginal note:Destruction

  (3) The person shall immediately destroy all reproductions made under subsection (1) after the person ceases to own, or to have a licence to use, the source copy.