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Copyright Act (R.S.C., 1985, c. C-42)

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Act current to 2020-10-21 and last amended on 2020-07-01. Previous Versions

PART IIIInfringement of Copyright and Moral Rights and Exceptions to Infringement (continued)

Exceptions (continued)

Educational Institutions (continued)

Marginal note:Royalties — digital reproduction agreement

  •  (1) If an educational institution has paid royalties to a collective society for the digital reproduction of a work under paragraph 30.02(3)(a) and afterwards the institution enters into a digital reproduction agreement described in paragraph 30.02(4)(a) with any collective society,

    • (a) in the case where the institution would — under that digital reproduction agreement — pay a greater amount of royalties for the digital reproduction of that work than what was payable under paragraph 30.02(3)(a), the institution shall pay to the collective society to which it paid royalties under that paragraph the difference between

      • (i) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the agreement had been entered into on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a), and

      • (ii) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which they enter into the digital reproduction agreement; and

    • (b) in the case where the institution would — under that digital reproduction agreement — pay a lesser amount of royalties for the digital reproduction of that work than what was payable under paragraph 30.02(3)(a), the collective society to which the institution paid royalties under that paragraph shall pay to the institution the difference between

      • (i) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which they enter into the digital reproduction agreement, and

      • (ii) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the agreement had been entered into on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a).

  • Marginal note:Royalties — tariff

    (2) If an educational institution has paid royalties to a collective society for the digital reproduction of a work under paragraph 30.02(3)(a) and afterwards a tariff applies to the digital reproduction of that work under paragraph 30.02(4)(b),

    • (a) in the case where the institution would — under the tariff — pay a greater amount of royalties for the digital reproduction of that work than what was payable under paragraph 30.02(3)(a), the institution shall pay to the collective society to which it paid royalties under that paragraph the difference between

      • (i) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a), and

      • (ii) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved; and

    • (b) in the case where the institution would — under the tariff — pay a lesser amount of royalties for the digital reproduction of that work than what was payable under paragraph 30.02(3)(a), the collective society to which the institution paid royalties under that paragraph shall pay to the institution the difference between

      • (i) the amount of royalties that the institution paid to the society under paragraph 30.02(3)(a) for the digital reproduction of that work from the day on which that paragraph comes into force until the day on which the tariff is approved, and

      • (ii) the amount of royalties that the institution would have had to pay for the digital reproduction of that work if the tariff had been approved on the day on which the institution first made a digital reproduction under paragraph 30.02(1)(a).

  • 2012, c. 20, s. 27
  • 2018, c. 27, s. 284(E)

Marginal note:Work available through Internet

  •  (1) Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for educational or training purposes in respect of a work or other subject-matter that is available through the Internet:

    • (a) reproduce it;

    • (b) communicate it to the public by telecommunication, if that public primarily consists of students of the educational institution or other persons acting under its authority;

    • (c) perform it in public, if that public primarily consists of students of the educational institution or other persons acting under its authority; or

    • (d) do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) to (c).

  • Marginal note:Conditions

    (2) Subsection (1) does not apply unless the educational institution or person acting under its authority, in doing any of the acts described in that subsection in respect of the work or other subject-matter, mentions the following:

    • (a) the source; and

    • (b) if given in the source, the name of

      • (i) the author, in the case of a work,

      • (ii) the performer, in the case of a performer’s performance,

      • (iii) the maker, in the case of a sound recording, and

      • (iv) the broadcaster, in the case of a communication signal.

  • Marginal note:Non-application

    (3) Subsection (1) does not apply if the work or other subject-matter — or the Internet site where it is posted — is protected by a technological protection measure that restricts access to the work or other subject-matter or to the Internet site.

  • Marginal note:Non-application

    (4) Subsection (1) does not permit a person to do any act described in that subsection in respect of a work or other subject-matter if

    • (a) that work or other subject-matter — or the Internet site where it is posted — is protected by a technological protection measure that restricts the doing of that act; or

    • (b) a clearly visible notice — and not merely the copyright symbol — prohibiting that act is posted at the Internet site where the work or other subject-matter is posted or on the work or other subject-matter itself.

  • Marginal note:Non-application

    (5) Subsection (1) does not apply if the educational institution or person acting under its authority knows or should have known that the work or other subject-matter was made available through the Internet without the consent of the copyright owner.

  • Marginal note:Regulations

    (6) The Governor in Council may make regulations for the purposes of paragraph (4)(b) prescribing what constitutes a clearly visible notice.

  • 2012, c. 20, s. 27

Libraries, Archives and Museums

Marginal note:Management and maintenance of collection

  •  (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, 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

    • (a) if the original is rare or unpublished and is

      • (i) deteriorating, damaged or lost, or

      • (ii) at risk of deterioration or becoming damaged or lost;

    • (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;

    • (c) in an alternative format if the library, archive or museum or a person acting under the authority of the library, archive or museum considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable;

    • (d) for the purposes of internal record-keeping and cataloguing;

    • (e) for insurance purposes or police investigations; or

    • (f) if necessary for restoration.

  • Marginal note:Limitation

    (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).

  • Marginal note:Destruction of intermediate copies

    (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.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations with respect to the procedure for making copies under subsection (1).

  • 1997, c. 24, s. 18
  • 1999, c. 31, s. 59(E)
  • 2012, c. 20, s. 28
 
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