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Bill C-32

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Acts Undertaken Without Motive of Gain

Motive of gain

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.

Cost recovery

(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.

Educational Institutions

Reproduction for instruction

29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority

    (a) to make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface intended for displaying handwritten material, or

    (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

for the purposes of education or training on the premises of an educational institution.

Reproduction for examinations, etc.

(2) It is not an infringement of copyright for an educational institution or a person acting under its authority to

    (a) reproduce, translate or perform in public on the premises of the educational institution, or

    (b) communicate by telecommunication to the public situated on the premises of the educational institution

a work or other subject-matter as required for a test or examination.

Where work commercially available

(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.

Performances

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:

    (a) the live performance in public, primarily by students of the educational institution, of a work;

    (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

    (c) the performance in public of a work or other subject-matter at the time of its communication to the public by telecommunication.

News and commentary

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

    (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 documentaries, for the purposes of performing the copy for the students of the educational institution for educational or training purposes; and

    (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.

Royalties for reproduction and performance

(2) The educational institution must

    (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

    (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.

Reproduction of broadcast

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

    (a) make a single copy of a work or other subject-matter at the time that it is communicated to the public by telecommunication; and

    (b) keep the copy for up to thirty days to decide whether to perform the copy for educational or training purposes.

Royalties for reproduction

(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.

Royalties for performance

(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.

Unlawful reception

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.

Records and marking

29.9 (1) Where an educational institution or person acting under its authority

    (a) makes a copy of a news program or a news commentary program and performs it pursuant to section 29.6, or

    (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,

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.

Regulations

(2) The Board may, with the approval of the Governor in Council, make regulations

    (a) prescribing the information in relation to the making, destruction, performance and marking of copies that must be kept under subsection (1),

    (b) prescribing the manner and form in which records referred to in that subsection must be kept and copies destroyed or marked, and

    (c) respecting the sending of information to collective societies referred to in section 71.

Literary collections

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

    (a) not more than two passages from works by the same author are published by the same publisher within five years;

    (b) the source from which the passages are taken is acknowledged; and

    (c) the name of the author, if given in the source, is mentioned.

Libraries, Archives and Museums

Management and maintenance of collection

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

    (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 original is currently in an obsolete format or the technology required to use the original is unavailable;

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

    (e) for insurance purposes or police investigations; or

    (f) if necessary for restoration.

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).

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.

Regulations

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

Research or private study

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.

Copies of articles for research, etc.

(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

    (a) a scholarly, scientific or technical periodical; or

    (b) a newspaper or periodical, other than a scholarly, scientific or technical periodical, if the newspaper or periodical was published more than one year before the copy is made.

Restriction

(3) Paragraph (2)(b) does not apply in respect of a work of fiction or poetry or a dramatic or musical work.

Conditions

(4) A library, archive or museum may make a copy under subsection (2) only on condition that

    (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

    (b) the person is provided with a single copy of the work.

Patrons of other libraries, etc.

(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.

Destruction of intermediate copies

(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.

Regulations

(6) The Governor in Council may, for the purposes of this section, make regulations

    (a) defining ``newspaper'' and ``periodical'';

    (b) defining scholarly, scientific and technical periodicals;

    (c) prescribing the information to be recorded about any action taken under subsection (1) or (5) and the manner and form in which the information is to be kept; and

    (d) prescribing the manner and form in which the conditions set out in subsection (4) are to be met.

Copying works deposited in archive

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.

Notice

(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.

Conditions for copying of works

(3) The archive may only copy the work if

    (a) the person who deposited the work, if a copyright owner, does not prohibit copying;

    (b) copying has not been prohibited by any other owner of copyright in the work; and

    (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.

Regulations

(4) The Governor in Council may prescribe the manner and form in which the conditions in subsection (3) may be met.

Where copyright owner cannot be found

(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).

Notice

(6) The archive must make a record of any copy made under subsection (5), and keep it available for public inspection, as prescribed.

Posthumous works

(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.