Marginal note:Copying works deposited in archive
30.21 (1) Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it.
(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.
Marginal note:Conditions for copying of works
(3) The archive may copy the work only on the condition that
(a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying; and
(b) copying has not been prohibited by any other owner of copyright in the work.
Marginal note:Condition for providing copy
(3.1) The archive may provide the person for whom a copy is made under subsection (1) with the copy only on the condition that
(a) the person is provided with a single copy of the work; and
(b) the archive informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question.
(4) The Governor in Council may prescribe by regulation the manner and form in which the conditions set out in subsections (3) and (3.1) may be met.
(5) to (7) [Repealed, 2004, c. 11, s. 21]
- 1997, c. 24, s. 18;
- 1999, c. 31, s. 60(E);
- 2004, c. 11, s. 21;
- 2012, c. 20, s. 30.
Machines Installed in Educational Institutions, Libraries, Archives and Museums
Marginal note: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.
(2) Subsection (1) only applies if, in respect of a reprographic reproduction,
(a) the educational institution, library, archive 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.
(3) Where a collective society offers to negotiate or has begun to negotiate an agreement 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.
Marginal note:Agreement with copyright owner
(4) Where an educational institution, library, 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.
(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.
- 1997, c. 24, s. 18.
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