Copyright Act (R.S.C., 1985, c. C-42)

Libraries, Archives and Museums in Educational Institutions

Marginal note: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.

Library and Archives of Canada

Marginal note:Permitted acts

30.5 It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act, to

• (a) make a copy of a work or other subject-matter in taking a representative sample for the purpose of preservation under subsection 8(2) of that Act;

• (b) effect the fixation of a copy of a publication, as defined in section 2 of that Act, that is provided by telecommunication in accordance with subsection 10(1) of that Act;

• (c) make a copy of a recording, as defined in subsection 11(2) of that Act, for the purposes of section 11 of that Act; or

• (d) at the time that a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy of the work or other subject-matter that is included in that communication.

Computer Programs

Marginal note: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, or has a licence to use a copy of the computer program, to

• (a) reproduce the copy by adapting, modifying or converting it, or translating it into another computer language, if the person proves that the reproduced copy

  • (i) is essential for the compatibility of the computer program with a particular computer,

  • (ii) is solely for the person’s own use, and

  • (iii) was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it; or

• (b) reproduce for backup purposes the copy or a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes was destroyed immediately after the person ceased to be the owner of the copy of the computer program or to have a licence to use it.

Marginal note:Interoperability of computer programs

• 30.61 (1) 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, or has a licence to use a copy of the computer program, to reproduce the copy if

  • (a) they reproduce the copy for the sole purpose of obtaining information that would allow the person to make the program and another computer program interoperable; and

  • (b) they do not use or disclose that information, except as necessary to make the program and another computer program interoperable or to assess that interoperability.

• Marginal note:No limitation

  (2) In the case where that information is used or disclosed as necessary to make another computer program interoperable with the program, subsection (1) applies even if the other computer program incorporates the information and is then sold, rented or otherwise distributed.