Bill C-32
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Acts Undertaken Without Motive of Gain |
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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 motive of gain.
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Cost recovery
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(2) An educational institution, library,
archive 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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Educational Institutions |
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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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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 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
reproduction, the exemption from copyright
infringement provided by paragraph (1)(b)
and subsection (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
institution or any person who is directly
responsible for setting a curriculum for the
educational institution:
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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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Royalties for
reproduction
and
performance
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(2) The educational institution must
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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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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
royalties, and complies with any terms and
conditions, 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
received 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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the educational institution shall keep a record
of the information prescribed by regulation in
relation to the making of the copy, the
destruction of it or any performance in public
of it for which royalties are payable under this
Act and shall, in addition, mark the copy 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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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
advertisements issued by the publisher, of
short passages from published literary works
in which copyright subsists and not
themselves published for the use of
educational institutions, does not infringe
copyright in those published literary works if
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Libraries, Archives and Museums |
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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
subsection (4), for the maintenance or
management of its permanent collection or the
permanent collection of another library,
archive or museum, a copy of a work or other
subject-matter, whether published or
unpublished, in its permanent collection
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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
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
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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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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
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.
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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
destroyed.
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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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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
unpublished 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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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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Where
copyright
owner cannot
be found
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(5) Where an archive requires the consent of
the copyright owner to copy an unpublished
work deposited in the archive before the
coming into force of this section but is unable
to locate the owner, the archive may copy the
work in accordance with subsection (3).
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Notice
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(6) The archive must make a record of any
copy made under subsection (5), and keep it
available for public inspection, as prescribed.
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Posthumous
works
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(7) It is not an infringement of copyright for
an archive to make a copy, in accordance with
subsection (3), of 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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