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| Motive of
gain
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29.3 (1) No action referred to in section
29.4, 29.5, 30.2 or 30.21 may be carried out
with the intention of making a gain.
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| Cost recovery
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(2) An educational institution, library, ar
chive or museum, or person acting under its
authority does not have a motive of gain where
it or the person acting under its authority, does
anything referred to in section 29.4, 29.5, 30.2
or 30.21 and recovers no more than the costs,
including overhead costs, associated with
doing that act.
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| Reproduction
for instruction
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29.4 (1) It is not an infringement of
copyright for an educational institution or a
person acting under its authority
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(a) to make a manual reproduction of a
work onto a dry-erase board, flip chart or
other similar surface intended for display
ing handwritten material, or
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(b) to make a copy of a work to be used to
project an image of that copy using an
overhead projector or similar device
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for the purposes of education or training on the
premises of an educational institution.
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| Reproduction
for
examinations,
etc.
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(2) It is not an infringement of copyright for
an educational institution or a person acting
under its authority to
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(a) reproduce, translate or perform in
public on the premises of the educational
institution, or
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(b) communicate by telecommunication to
the public situated on the premises of the
educational institution
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a work or other subject-matter as required for
a test or examination.
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| Where work
commercially
available
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(3) Except in the case of manual reproduc
tion, the exemption from copyright infringe
ment provided by paragraph (1)(b) and sub
section (2) does not apply if the work or other
subject-matter is commercially available in a
medium that is appropriate for the purpose
referred to in that paragraph or subsection, as
the case may be.
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| Performances
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29.5 It is not an infringement of copyright
for an educational institution or a person
acting under its authority to do the following
acts if they are done on the premises of an
educational institution for educational or
training purposes and not for profit, before an
audience consisting primarily of students of
the educational institution, instructors acting
under the authority of the educational institu
tion or any person who is directly responsible
for setting a curriculum for the educational
institution:
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(a) the live performance in public, primari
ly by students of the educational institution,
of a work;
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(b) the performance in public of a sound
recording or of a work or performer's
performance that is embodied in a sound
recording; and
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(c) the performance in public of a work or
other subject-matter at the time of its
communication to the public by telecom
munication.
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| News and
commentary
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29.6 (1) Subject to subsection (2) and
section 29.9, it is not an infringement of
copyright for an educational institution or a
person acting under its authority to
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(a) make, at the time of its communication
to the public by telecommunication, a
single copy of a news program or a news
commentary program, excluding documen
taries, for the purposes of performing the
copy for the students of the educational
institution for educational or training pur
poses; and
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(b) perform the copy in public, at any time
or times within one year after the making of
a copy under paragraph (a), before an
audience consisting primarily of students of
the educational institution on its premises
for educational or training purposes.
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| Royalties for
reproduction
and
performance
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(2) The educational institution must
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(a) on the expiration of one year after
making a copy under paragraph (1)(a), pay
the royalties and comply with any terms and
conditions fixed under this Act for the
making of the copy or destroy the copy; and
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(b) where it has paid the royalties referred
to in paragraph (a), pay the royalties and
comply with any terms and conditions fixed
under this Act for any performance in
public of the copy after the expiration of
that year.
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| Reproduction
of broadcast
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29.7 (1) Subject to subsection (2) and
section 29.9, it is not an infringement of
copyright for an educational institution or a
person acting under its authority to
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(a) make a single copy of a work or other
subject-matter at the time that it is commu
nicated to the public by telecommunica
tion; and
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(b) keep the copy for up to thirty days to
decide whether to perform the copy for
educational or training purposes.
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| Royalties for
reproduction
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(2) An educational institution that has not
destroyed the copy by the expiration of the
thirty days infringes copyright in the work or
other subject-matter unless it pays any royal
ties, and complies with any terms and condi
tions, fixed under this Act for the making of
the copy.
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| Royalties for
performance
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(3) It is not an infringement of copyright for
the educational institution or a person acting
under its authority to perform the copy in
public for educational or training purposes on
the premises of the educational institution
before an audience consisting primarily of
students of the educational institution if the
educational institution pays the royalties and
complies with any terms and conditions fixed
under this Act for the performance in public.
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| Unlawful
reception
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29.8 The exceptions to infringement of
copyright provided for under sections 29.5 to
29.7 do not apply where the communication to
the public by telecommunication was re
ceived by unlawful means.
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| Records and
marking
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29.9 (1) Where an educational institution or
person acting under its authority
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(a) makes a copy of a news program or a
news commentary program and performs it
pursuant to section 29.6, or
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(b) makes a copy of a work or other
subject-matter communicated to the public
by telecommunication and performs it
pursuant to section 29.7,
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the educational institution shall keep a record
of the information prescribed by regulation in
relation to the making of the copy, the destruc
tion of it or any performance in public of it for
which royalties are payable under this Act and
shall, in addition, mark any copy that has not
been destroyed in the manner prescribed by
regulation.
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| Regulations
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(2) The Board may, with the approval of the
Governor in Council, make regulations
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(a) prescribing the information in relation
to the making, destruction, performance
and marking of copies that must be kept
under subsection (1),
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(b) prescribing the manner and form in
which records referred to in that subsection
must be kept and copies destroyed or
marked, and
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(c) respecting the sending of information to
collective societies referred to in section 71.
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| Literary
collections
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30. The publication in a collection, mainly
composed of non-copyright matter, intended
for the use of educational institutions, and so
described in the title and in any advertise
ments issued by the publisher, of short pas
sages from published literary works in which
copyright subsists and not themselves pub
lished for the use of educational institutions,
does not infringe copyright in those published
literary works if
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(a) not more than two passages from works
by the same author are published by the
same publisher within five years;
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(b) the source from which the passages are
taken is acknowledged; and
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(c) the name of the author, if given in the
source, is mentioned .
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| Management
and
maintenance
of collection
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30.1 (1) 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, in accordance
with the regulations made under subsec
tion (4), for the maintenance or management
of its permanent collection or the permanent
collection of another library, archive or mu
seum, a copy of a work or other subject-mat
ter, whether published or unpublished, in its
permanent collection
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(a) if the original is rare or unpublished and
is
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(i) deteriorating, damaged or lost, or
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(ii) at risk of deterioration or becoming
damaged or lost;
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(b) for the purposes of on-site consultation
if the original cannot be viewed, handled or
listened to because of its condition or
because of the atmospheric conditions in
which it must be kept;
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(c) in an alternative format if the original is
currently in an obsolete format or the
technology required to use the original is
unavailable;
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(d) for the purposes of internal record-keep
ing and cataloguing;
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(e) for insurance purposes or police inves
tigations; or
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(f) if necessary for restoration.
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| Limitation
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(2) Paragraphs (1)(a) to (c) do not apply
where an appropriate copy is commercially
available in a medium and of a quality that is
appropriate for the purposes of subsection (1).
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| Destruction of
intermediate
copies
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(3) If a person must make an intermediate
copy in order to make a copy under subsection
(1), the person must destroy the intermediate
copy as soon as it is no longer needed.
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| Regulations
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(4) The Governor in Council may make
regulations with respect to the procedure for
making copies under subsection (1).
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| Research or
private study
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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.
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| Copies of
articles for
research, etc.
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(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 reproduc
tion, 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
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(a) a scholarly, scientific or technical
periodical; or
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(b) a newspaper or periodical, other than a
scholarly, scientific or technical periodical,
provided the article was not published
within one year before the copy was made .
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| Restriction
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(3) Paragraph (2)(b) does not apply in
respect of a work of fiction or poetry or a
dramatic or musical work.
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| Conditions
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(4) A library, archive or museum may make
a copy under subsection (2) only on condition
that
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(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
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(b) the person is provided with a single copy
of the work.
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| Patrons of
other libraries,
etc.
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(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 autho
rized by this section to do on behalf of a person
who is one of its patrons, if any copy given to
the patron is not in digital form.
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| Destruction of
intermediate
copies
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(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 de
stroyed.
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| Regulations
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(6) The Governor in Council may, for the
purposes of this section, make regulations
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(a) defining the words ``newspaper or
periodical '';
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(b) defining ``scholarly, scientific or techni
cal periodicals'';
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(c) prescribing the manner and form in
which the actions referred to in subsections
(1) and (5) may be carried out; and
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(d) prescribing the manner and form in
which the conditions set out in subsec
tion (4) are to be met.
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| Copying
works
deposited in
archive
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30.21 (1) It is not an infringement of
copyright for an archive to make a copy, in
accordance with subsection (3), of an unpub
lished work that is deposited in the archive
after the coming into force of this section.
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| Notice
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(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.
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| Conditions for
copying of
works
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(3) The archive may only copy the work if
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(a) the person who deposited the work, if a
copyright owner, does not prohibit copying;
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(b) copying has not been prohibited by any
other owner of copyright in the work; and
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(c) the archive is satisfied that the person for
whom it is made will use the copy only for
purposes of research or private study and
makes only one copy for that person.
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| Regulations
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(4) The Governor in Council may prescribe
the manner and form in which the conditions
in subsection (3) may be met.
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| Works
previously
deposited in
archive
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(5) The archive must obtain the permission
of the copyright owner before copying any
work deposited in the archive before the
coming into force of this section, other than a
work referred to in subsection (7).
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| Where
copyright
owner cannot
be found
|
(6) Where the owner of copyright in a work
referred to in subsection (5) cannot be located,
the archive
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(a) may make a copy under subsections (1)
and (3), and
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(b) must give a notice of the reproduction to
the Copyright Board, which notice will be
kept available for public inspection.
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| Posthumous
works
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(7) Subsections (1) and (3) apply to any
work to which subsection 7(4) applies, if it
was in the archive on the date of coming into
force of this section.
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