Marginal note: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.
- R.S., 1985, c. C-42, s. 30;
- R.S., 1985, c. 10 (4th Supp.), s. 7;
- 1997, c. 24, s. 18.
Meaning of “lesson”
30.01 (1) For the purposes of this section, “lesson” means a lesson, test or examination, or part of one, in which, or during the course of which, an act is done in respect of a work or other subject-matter by an educational institution or a person acting under its authority that would otherwise be an infringement of copyright but is permitted under a limitation or exception under this Act.
(2) This section does not apply so as to permit any act referred to in paragraph (3)(a), (b) or (c) with respect to a work or other subject-matter whose use in the lesson constitutes an infringement of copyright or for whose use in the lesson the consent of the copyright owner is required.
Marginal note:Communication by telecommunication
(3) Subject to subsection (6), it is not an infringement of copyright for an educational institution or a person acting under its authority
(a) to communicate a lesson to the public by telecommunication for educational or training purposes, if that public consists only of students who are enrolled in a course of which the lesson forms a part or of other persons acting under the authority of the educational institution;
(b) to make a fixation of the lesson for the purpose of the act referred to in paragraph (a); or
(c) to do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) and (b).
Marginal note:Participation by telecommunication
(4) A student who is enrolled in a course of which the lesson forms a part is deemed to be a person on the premises of the educational institution when the student participates in or receives the lesson by means of communication by telecommunication under paragraph (3)(a).
Marginal note:Reproducing lessons
(5) It is not an infringement of copyright for a student who has received a lesson by means of communication by telecommunication under paragraph (3)(a) to reproduce the lesson in order to be able to listen to or view it at a more convenient time. However, the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations.
(6) The educational institution and any person acting under its authority, except a student, shall
(a) destroy any fixation of the lesson within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations;
(b) take measures that can reasonably be expected to limit the communication by telecommunication of the lesson to the persons referred to in paragraph (3)(a);
(c) take, in relation to the communication by telecommunication of the lesson in digital form, measures that can reasonably be expected to prevent the students from fixing, reproducing or communicating the lesson other than as they may do under this section; and
(d) take, in relation to a communication by telecommunication in digital form, any measure prescribed by regulation.
- 2012, c. 20, s. 27.
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