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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2022-01-12 and last amended on 2020-07-01. Previous Versions

Marginal note:Backup copies

  •  (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.

  • 2012, c. 20, s. 22
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