Bill C-32

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	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 infringe ment of copyright.
Application	(2) Subsection (1) only applies if, in respect of a reprographic reproduction,
	(a) the educational institution, library, ar chive 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 agree ment 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, li brary, 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 undertak ing, 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 com puter,
	(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, within the meaning of the Broadcasting Act, to fix or reproduce in accordance with this section a performer's performance or work, other than a cinematographic work, that is performed live in pubic, or a sound recording that is performed in public at the same time as the fixation or reproduction, if the undertaking
	(a) is authorized to communicate the per former's performance, work or sound re cording to the public by telecommunica tion;
	(b) makes the fixation or the reproduction itself, for its own broadcasts; and
	(c) does not use the fixation or reproduction to promote a product, service, cause or institution.
Record keeping	(2) The programming undertaking must record the times and dates of the making and the destruction of all fixations and reproduc tions 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 perfor mances, 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 accor dance with subsection (6).
Royalties	(5) Where the copyright owner authorizes the fixation or reproduction to be retained after the thirty days, the programming under taking must pay any applicable royalty.
Archive	(6) Where the programming undertaking considers a fixation or reproduction to be of an exceptional documentary character, the un dertaking 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 repro duction.
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 prov ince 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 re cording.
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 telecommu nication, within the period referred to in subsection (4), if the broadcasting undertak ing meets the conditions set out in paragraphs (1)(a) to (c) and is part of the same network as the programming undertaking, as network is defined in that Act.
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.
	(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 per ceptual 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 per ceptual 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 of ``commercially avail able''.
	Statutory Obligations
No infringement	32.1 (1) It is not an infringement of copyright for any person
	(a) to disclose, pursuant to the Access to Information Act, a record within the mean ing of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;
	(b) to disclose, pursuant to the Privacy Act, personal information within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like information;
	(c) to make a copy of an object referred to in section 14 of the Cultural Property Export and Import Act, for deposit in an institution pursuant to a direction under that section; and
	(d) to make a fixation or copy of a work or other subject-matter in order to comply with the Broadcasting Act or any rule, regulation or other instrument made under it.
Limitation	(2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright in the record, personal information or like in formation, as the case may be, has a right to do.
Destruction of fixation or copy	(3) Unless the Broadcasting Act otherwise provides, a person who makes a fixation or copy under paragraph (1)(d) shall destroy it immediately on the expiration of the period for which it must be kept pursuant to that Act, rule, regulation or other instrument.
	Miscellaneous
Permitted acts	32.2 (1) It is not an infringement of copyright
	(a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;
	(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work
	(i) an architectural work, provided the copy is not in the nature of an architectur al drawing or plan, or
	(ii) a sculpture or work of artistic crafts manship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;
	(c) for any person to make or publish, for the purposes of news reporting or news summa ry, a report of a lecture given in public, unless the report is prohibited by conspicu ous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer;
	(d) for any person to read or recite in public a reasonable extract from a published work; or
	(e) for any person to make or publish, for the purposes of news reporting or news summa ry, a report of an address of a political nature given at a public meeting.
Further permitted acts	(2) It is not an infringement of copyright for a person to do any of the following acts without motive of gain at any agricultural or agricultural-industrial exhibition or fair that receives a grant from or is held by its directors under federal, provincial or municipal author ity:
	(a) the live performance in public of a musical work;
	(b) the performance in public of a sound recording embodying a musical work or a performer's performance of a musical work; or
	(c) the performance in public of a commu nication signal carrying
	(i) the live performance in public of a musical work, or
	(ii) a sound recording embodying a musical work or a performer's perfor mance of a musical work.
Further permitted acts	(3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:
	(a) the live performance in public of a musical work;
	(b) the performance in public of a sound recording embodying a musical work or a performer's performance of a musical work; or
	(c) the performance in public of a commu nication signal carrying
	(i) the live performance in public of a musical work, or
	(ii) a sound recording embodying a musical work or a performer's perfor mance of a musical work.