Skip to main content

Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

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

    (a) a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works in printed form;

    (b) the machine is installed by or with the approval of the educational institution, library, archive or museum on its premises for use by students, instructors or staff at the educational institution or by persons using the library, archive or museum; and

    (c) there is affixed in the prescribed manner and location a notice warning of infringement of copyright.

Application

(2) Subsection (1) only applies if, in respect of a reprographic reproduction,

    (a) the educational institution, library, archive or museum has entered into an agreement with a collective society that is authorized by copyright owners to grant licences on their behalf;

    (b) the Board has, in accordance with section 70.2, fixed the royalties and related terms and conditions in respect of a licence;

    (c) a tariff has been approved in accordance with section 70.15; or

    (d) a collective society has filed a proposed tariff in accordance with section 70.13.

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

    (a) make a copy of a recording, as defined in section 8 of the National Archives Act, for the purposes of that section; and

    (b) at the time that a broadcasting undertaking, within the meaning of subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy for archival purposes of the work or other subject-matter that is included in that communication.

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

    (a) make a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that the reproduced copy is

      (i) essential for the compatibility of the computer program with a particular computer,

      (ii) solely for the person's own use, and

      (iii) destroyed immediately after the person ceases to be the owner of the copy; or

    (b) make a single reproduction for backup purposes of the copy or of a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes is destroyed immediately when the person ceases to be the owner of the copy of the computer program.

Incidental Inclusion

Incidental use

30.7 It is not an infringement of copyright to incidentally and not deliberately

    (a) include a work or other subject-matter in another work or other subject-matter; or

    (b) do any act in relation to a work or other subject-matter that is incidentally and not deliberately included in another work or other subject-matter.

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

    (a) is authorized to communicate the performer's performance, work or sound recording to the public by telecommunication;

    (b) makes the fixation or the reproduction itself, for its own broadcasts;

    (c) does not synchronize the fixation or reproduction with all or part of another recording, performer's performance or work; and

    (d) does not cause the fixation or reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

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

    (a) the copyright owner authorizes its retention; or

    (b) it is deposited in an archive, in accordance with subsection (6).

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

    (a) in accordance with subsections (2) to (6); and

    (b) within thirty days after the day on which the programming undertaking made the fixation or reproduction.

Definition of ``programmin g undertaking''

(11) In this section, ``programming undertaking'' means

    (a) a programming undertaking as defined in the Broadcasting Act;

    (b) a programming undertaking described in paragraph (a) that originates programs within a network, as defined in the Broadcasting Act; or

    (c) a distribution undertaking as defined in the Broadcasting Act, in respect of the programs that it originates.

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

    (a) owns the copy of the sound recording, performer's performance or work and that copy is authorized by the owner of the copyright;

    (b) is authorized to communicate the sound recording, performer's performance or work to the public by telecommunication;

    (c) makes the reproduction itself, for its own broadcasts;

    (d) does not synchronize the reproduction with all or part of another recording, performer's performance or work; and

    (e) does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution.

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

    (a) make a copy or sound recording of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability;

    (b) translate, adapt or reproduce in sign language a literary or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; or

    (c) perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability.

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''.

Previous Page Table of Contents Next Page