Copyright Act (R.S.C., 1985, c. C-42)

Encryption Research

Marginal note:Encryption research

• 30.62 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the purposes of encryption research if

  • (a) it would not be practical to carry out the research without making the copy;

  • (b) the person has lawfully obtained the work or other subject-matter; and

  • (c) the person has informed the owner of the copyright in the work or other subject-matter.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the research to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the research reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Security

Marginal note:Security

• 30.63 (1) Subject to subsections (2) and (3), it is not an infringement of copyright for a person to reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or administrator of a computer, computer system or computer network, of assessing the vulnerability of the computer, system or network or of correcting any security flaws.

• Marginal note:Limitation

  (2) Subsection (1) does not apply if the person uses or discloses information obtained through the assessment or correction to commit an act that is an offence under the Criminal Code.

• Marginal note:Limitation  — computer program

  (3) Subsection (1) applies with respect to a computer program only if, in the event that the assessment or correction reveals a vulnerability or a security flaw in the program and the person intends to make the vulnerability or security flaw public, the person gives adequate notice of the vulnerability or security flaw and of their intention to the owner of copyright in the program. However, the person need not give that adequate notice if, in the circumstances, the public interest in having the vulnerability or security flaw made public without adequate notice outweighs the owner’s interest in receiving that notice.

Incidental Inclusion

Marginal note:Incidental use

30.7 It is not an infringement of copyright to incidentally and not deliberately

• (a) include a work or other subject-matter in another work or other subject-matter; or

• (b) do any act in relation to a work or other subject-matter that is incidentally and not deliberately included in another work or other subject-matter.