|
Machines Installed in Educational Institutions, Libraries, Archives and Museums |
|
No
infringement
by
educational
institution,
etc.
|
30.3 (1) An educational institution or a
library, archive or museum does not infringe
copyright where
|
|
|
|
|
|
|
|
|
|
|
Application
|
(2) Subsection (1) only applies if, in respect
of a reprographic reproduction,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Order
|
(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.
|
|
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.
|
|
Regulations
|
(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.
|
|
|
Libraries, Archives and Museums in Educational Institutions |
|
Application to
libraries, etc
within
educational
institutions
|
30.4 For greater certainty, the exceptions to
infringement of copyright provided for under
sections 29.4 to 30.3 and 45 also apply in
respect of a library, archive or museum that
forms part of an educational institution.
|
|
|
National Archives of Canada |
|
Copies for
archival
purposes
|
30.5 The National Archives of Canada may
|
|
|
|
|
|
|
|
|
Computer Programs |
|
Permitted acts
|
30.6 It is not an infringement of copyright
in a computer program for a person who owns
a copy of the computer program that is
authorized by the owner of the copyright to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Incidental Inclusion |
|
Incidental use
|
30.7 It is not an infringement of copyright
to incidentally and not deliberately
|
|
|
|
|
|
|
|
|
Ephemeral Recordings |
|
Ephemeral
recordings
|
30.8 (1) It is not an infringement of
copyright for a programming undertaking to
fix or reproduce in accordance with this
section a performer's performance or work,
other than a cinematographic work, that is
performed live or a sound recording that is
performed at the same time as the performer's
performance or work, if the undertaking
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Record
keeping
|
(2) The programming undertaking must
record the dates of the making and destruction
of all fixations and reproductions and any
other prescribed information about the
fixation or reproduction, and keep the record
current.
|
|
Right of
access by
copyright
owners
|
(3) The programming undertaking must
make the record referred to in subsection (2)
available to owners of copyright in the works,
sound recordings or performer's
performances, or their representatives, within
twenty-four hours after receiving a request.
|
|
Destruction
|
(4) The programming undertaking must
destroy the fixation or reproduction within
thirty days after making it, unless
|
|
|
|
|
|
|
|
Royalties
|
(5) Where the copyright owner authorizes
the fixation or reproduction to be retained
after the thirty days, the programming
undertaking must pay any applicable royalty.
|
|
Archive
|
(6) Where the programming undertaking
considers a fixation or reproduction to be of an
exceptional documentary character, the
undertaking may, with the consent of an
official archive, deposit it in the official
archive and must notify the copyright owner,
within thirty days, of the deposit of the
fixation or reproduction.
|
|
Definition of
``official
archive''
|
(7) In subsection (6), ``official archive''
means the National Archives of Canada or any
archive established under the law of a
province for the preservation of the official
archives of the province.
|
|
Application
|
(8) This section does not apply where a
licence is available from a collective society
to make the fixation or reproduction of the
performer's performance, work or sound
recording.
|
|
Telecommu- nications by networks
|
(9) A broadcasting undertaking, as defined
in the Broadcasting Act, may make a single
reproduction of a fixation or reproduction
made by a programming undertaking and
communicate it to the public by
telecommunication, within the period referred
to in subsection (4), if the broadcasting
undertaking meets the conditions set out in
subsection (1) and is part of a prescribed
network that includes the programming
undertaking.
|
|
Limitations
|
(10) The reproduction and communication
to the public by telecommunication must be
made
|
|
|
|
|
|
|
|
Definition of
``programmin
g
undertaking''
|
(11) In this section, ``programming
undertaking'' means
|
|
|
|
|
|
|
|
|
|
|
|
The undertaking must hold a broadcasting
licence issued by the Canadian
Radio-television and Telecommunications
Commission under the Broadcasting Act.
|
|
Pre-recorded
recordings
|
30.9 (1) It is not an infringement of
copyright for a broadcasting undertaking to
reproduce in accordance with this section a
sound recording, or a performer's
performance or work that is embodied in a
sound recording, solely for the purpose of
transferring it to a format appropriate for
broadcasting, if the undertaking
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Record
keeping
|
(2) The broadcasting undertaking must
record the dates of the making and destruction
of all reproductions and any other prescribed
information about the reproduction, and keep
the record current.
|
|
Right of
access by
copyright
owners
|
(3) The broadcasting undertaking must
make the record referred to in subsection (2)
available to owners of copyright in the sound
recordings, performer's performances or
works, or their representatives, within
twenty-four hours after receiving a request.
|
|
Destruction
|
(4) The broadcasting undertaking must
destroy the reproduction when it no longer
possesses the sound recording or performer's
performance or work embodied in the sound
recording, or at the latest within thirty days
after making the reproduction, unless the
copyright owner authorizes the reproduction
to be retained.
|
|
Royalty
|
(5) If the copyright owner authorizes the
reproduction to be retained, the broadcasting
undertaking must pay any applicable royalty.
|
|
Application
|
(6) This section does not apply if a licence
is available from a collective society to
reproduce the sound recording, performer's
performance or work.
|
|
Definition of
``broadcasting
undertaking''
|
(7) In this section, ``broadcasting
undertaking'' means a broadcasting
undertaking as defined in the Broadcasting
Act that holds a broadcasting licence issued by
the Canadian Radio-television and
Telecommunications Commission under that
Act.
|
|
|
(2) Section 30 of the Act, as enacted by
subsection (1) of this section, does not apply
in respect of collections referred to in
section 30 that are published before the
coming into force of section 30. Such
collections continue to be governed by
paragraph 27(2)(d) of the Act as it read
before the coming into force of section 15 of
this Act.
|
|
|
19. The Act is amended by adding the
following after section 31:
|
|
|
Persons with Perceptual Disabilities |
|
Reproduction
in alternate
format
|
32. (1) It is not an infringement of copyright
for a person, at the request of a person with a
perceptual disability, or for a non-profit
organization acting for his or her benefit, to
|
|
|
|
|
|
|
|
|
|
|
Limitation
|
(2) Subsection (1) does not authorize the
making of a large print book.
|
|
Limitation
|
(3) Subsection (1) does not apply where the
work or sound recording is commercially
available in a format specially designed to
meet the needs of any person referred to in that
subsection, within the meaning of paragraph
(a) of the definition ``commercially
available''.
|
|