Copyright Act (R.S.C., 1985, c. C-42)

Fixing Signals and Recording Programs for Later Listening or Viewing

Marginal note:Reproduction for later listening or viewing

• 29.23 (1) It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance that is being broadcast, in order to record a program for the purpose of listening to or viewing it later, if

  • (a) the individual receives the program legally;

  • (b) the individual, in order to record the program, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;

  • (c) the individual makes no more than one recording of the program;

  • (d) the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time;

  • (e) the individual does not give the recording away; and

  • (f) the recording is used only for the individual’s private purposes.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the individual receives the work, performer’s performance or sound recording under an on-demand service.

• Marginal note:Definitions

  (3) The following definitions apply in this section.

  “broadcast”

  « radiodiffusion »

  “broadcast” means any transmission of a work or other subject-matter by telecommunication for reception by the public, but does not include a transmission that is made solely for performance in public.

  “on-demand service”

  « service sur demande »

  “on-demand service” means a service that allows a person to receive works, performer’s performances and sound recordings at times of their choosing.

Backup Copies

Marginal note:Backup copies

• 29.24 (1) It is not an infringement of copyright in a work or other subject-matter for a person who owns — or has a licence to use — a copy of the work or subject-matter (in this section referred to as the “source copy”) to reproduce the source copy if

  • (a) the person does so solely for backup purposes in case the source copy is lost, damaged or otherwise rendered unusable;

  • (b) the source copy is not an infringing copy;

  • (c) the person, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented; and

  • (d) the person does not give any of the reproductions away.

• Marginal note:Backup copy becomes source copy

  (2) If the source copy is lost, damaged or otherwise rendered unusable, one of the reproductions made under subsection (1) becomes the source copy.

• Marginal note:Destruction

  (3) The person shall immediately destroy all reproductions made under subsection (1) after the person ceases to own, or to have a licence to use, the source copy.