Copyright Act (R.S.C., 1985, c. C-42)

Statutory Obligations

Marginal note:No infringement

• 32.1 (1) It is not an infringement of copyright for any person

  • (a) to disclose, pursuant to the Access to Information Act, a record within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like material;

  • (b) to disclose, pursuant to the Privacy Act, personal information within the meaning of that Act, or to disclose, pursuant to any like Act of the legislature of a province, like information;

  • (c) to make a copy of an object referred to in section 14 of the Cultural Property Export and Import Act, for deposit in an institution pursuant to a direction under that section; and

  • (d) to make a fixation or copy of a work or other subject-matter in order to comply with the Broadcasting Act or any rule, regulation or other instrument made under it.

• Marginal note:Limitation

  (2) Nothing in paragraph (1)(a) or (b) authorizes a person to whom a record or information is disclosed to do anything that, by this Act, only the owner of the copyright in the record, personal information or like information, as the case may be, has a right to do.

• Marginal note:Destruction of fixation or copy

  (3) Unless the Broadcasting Act otherwise provides, a person who makes a fixation or copy under paragraph (1)(d) shall destroy it immediately on the expiration of the period for which it must be kept pursuant to that Act, rule, regulation or other instrument.

Miscellaneous

Marginal note:Permitted acts

• 32.2 (1) It is not an infringement of copyright

  • (a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;

  • (b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

    • (i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

    • (ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

  • (c) for any person to make or publish, for the purposes of news reporting or news summary, a report of a lecture given in public, unless the report is prohibited by conspicuous written or printed notice affixed before and maintained during the lecture at or about the main entrance of the building in which the lecture is given, and, except while the building is being used for public worship, in a position near the lecturer;

  • (d) for any person to read or recite in public a reasonable extract from a published work;

  • (e) for any person to make or publish, for the purposes of news reporting or news summary, a report of an address of a political nature given at a public meeting; or

  • (f) for an individual to use for private or non-commercial purposes, or permit the use of for those purposes, a photograph or portrait that was commissioned by the individual for personal purposes and made for valuable consideration, unless the individual and the owner of the copyright in the photograph or portrait have agreed otherwise.

• Marginal note:Further permitted acts

  (2) It is not an infringement of copyright for a person to do any of the following acts without motive of gain at any agricultural or agricultural-industrial exhibition or fair that receives a grant from or is held by its directors under federal, provincial or municipal authority:

  • (a) the live performance in public of a musical work;

  • (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or

  • (c) the performance in public of a communication signal carrying

    • (i) the live performance in public of a musical work, or

    • (ii) a sound recording embodying a musical work or a performer’s performance of a musical work.

• Marginal note:Further permitted acts

  (3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:

  • (a) the live performance in public of a musical work;

  • (b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or

  • (c) the performance in public of a communication signal carrying

    • (i) the live performance in public of a musical work, or

    • (ii) a sound recording embodying a musical work or a performer’s performance of a musical work.