Marginal note:Research or private study
30.2 (1) It is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29.1.
Marginal note:Copies of articles for research, etc.
(2) It is not an infringement of copyright for a library, archive or museum or a person acting under the authority of a library, archive or museum to make, by reprographic reproduction, for any person requesting to use the copy for research or private study, a copy of a work that is, or that is contained in, an article published in
(a) a scholarly, scientific or technical periodical; or
(b) a newspaper or periodical, other than a scholarly, scientific or technical periodical, if the newspaper or periodical was published more than one year before the copy is made.
(3) Paragraph (2)(b) does not apply in respect of a work of fiction or poetry or a dramatic or musical work.
(4) A library, archive or museum may make a copy under subsection (2) only on condition that
(a) the person for whom the copy will be made has satisfied the library, archive or museum that the person will not use the copy for a purpose other than research or private study; and
(b) the person is provided with a single copy of the work.
Marginal note:Patrons of other libraries, etc.
(5) A library, archive or museum or a person acting under the authority of a library, archive or museum may do, on behalf of a person who is a patron of another library, archive or museum, anything under subsection (1) or (2) in relation to printed matter that it is authorized by this section to do on behalf of a person who is one of its patrons, but the copy given to the patron must not be in digital form.
Marginal note:Destruction of intermediate copies
(5.1) Where an intermediate copy is made in order to copy a work referred to in subsection (5), once the copy is given to the patron, the intermediate copy must be destroyed.
(6) The Governor in Council may, for the purposes of this section, make regulations
(a) defining “newspaper” and “periodical”;
(b) defining scholarly, scientific and technical periodicals;
(c) prescribing the information to be recorded about any action taken under subsection (1) or (5) and the manner and form in which the information is to be kept; and
(d) prescribing the manner and form in which the conditions set out in subsection (4) are to be met.
- 1997, c. 24, s. 18
- Date modified: