Bill C-280

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First Reading

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	2nd Session, 36th Parliament, 48 Elizabeth II, 1999
	The House of Commons of Canada
	BILL C-280
	An Act to amend the Copyright Act
R.S., c. C-42; R.S., c. 10 (1st Supp.), cc. 1, 41 (3rd Supp.), c. 10 (4th Supp.); 1988, c. 65; 1990, c. 37; 1992, c. 1; 1993, cc. 15, 23, 44; 1994, c. 47; 1995, c. 1; 1997, cc. 24, 36	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. The definition ``commercially available'' in section 2 of the Copyright Act* is replaced by the following:**
``commerciall y available'' « accessible sur le marché »	``commercially available'' means, in relation to a work or other subject-matter, available on the Canadian market within a reasonable time and for a reasonable price and may be located with reasonable effort;
	2. Subsections 29.4(2) and (3) of the Act are replaced by the following:
Reproduction for examinations, etc.	(2) It is not an infringement of copyright for an educational institution or a person acting under its authority to reproduce, perform in public or communicate to the public by telecommunication a work or other subject-matter for any purpose related to the giving of an assignment, test or examination on the premises of an educational institution, including, but not limited to, setting the questions and commmunicating the questions and answers to the persons completing the assignment or taking the test or examination and answering the questions by those persons.
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 and of a quality that is appropriate for the purpose referred to in that paragraph or subsection, as the case may be.
	3. Subsections 30.2(2) to (6) of the Act are replaced by the following:
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 newspaper, review, magazine or other periodical.
Restriction	(3) Subsection (2) does not apply in respect of
	(a) a work of fiction or poetry or a dramatic or musical work; or
	(b) an article that was published in a newspaper or magazine within twelve months before the copy was made.
Conditions	(4) A library, archive or museum may make copies under subsection (2) only on condition that
	(a) the person for whom the copies will be made has satisfied the library, archive or museum that the person will not use the copies 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.
Regulations	(6) The Governor in Council may, for the purposes of this section, make regulations
	(a) defining the words ``newspaper'' and ``magazine ''; and
	(b) prescribing the manner and form in which the conditions set out in subsection (4) are to be met.
	4. Section 30.3 of the Act is replaced by the following:
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.
Regulations	(2) 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.

Bill C-280

BILL C-280