GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 29
Research, private study, etc. 29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s. 18; 2012, c. 20, s. 21
Copyright Act — C-42 29.1
Criticism or review 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. 1997, c. 24, s. 18
Copyright Act — C-42 29.2
News reporting 29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. 1997, c. 24, s. 18
Copyright Act — C-42 29.21
Non-commercial user-generated content 29.21 (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual’s authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if (a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes; (b) the source — and, if given in the source, the name of the author, performer, maker or broadcaster — of the existing work or other subject-matter or copy of it are mentioned, if it is reasonable in the circumstances to do so; (c) the individual had reasonable grounds to believe that the existing work or other subject-matter or copy of it, as the case may be, was not infringing copyright; and (d) the use of, or the authorization to disseminate, the new work or other subject-matter does not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the existing work or other subject-matter — or copy of it — or on an existing or potential market for it, including that the new work or other subject-matter is not a substitute for the existing one. Definitions (2) The following definitions apply in subsection (1). intermediary means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public. ( intermédiaire ) use means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything. ( utiliser ) 2012, c. 20, s. 22
Copyright Act — C-42
intermediary means a person or entity who regularly provides space or means for works or other subject-matter to be enjoyed by the public. ( intermédiaire )
Copyright Act — C-42
use means to do anything that by this Act the owner of the copyright has the sole right to do, other than the right to authorize anything. ( utiliser )
Copyright Act — C-42 29.22
Reproduction for private purposes 29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy; (b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced; (c) the individual, 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; (d) the individual does not give the reproduction away; and (e) the reproduction is used only for the individual’s private purposes. Meaning of medium or device (2) For the purposes of paragraph (1)(b), a medium or device includes digital memory in which a work or subject-matter may be stored for the purpose of allowing the telecommunication of the work or other subject-matter through the Internet or other digital network. Limitation — audio recording medium (3) In the case of a work or other subject-matter that is a musical work embodied in a sound recording, a performer’s performance of a musical work embodied in a sound recording or a sound recording in which a musical work or a performer’s performance of a musical work is embodied, subsection (1) does not apply if the reproduction is made onto an audio recording medium as defined in section 79. Limitation — destruction of reproductions (4) Subsection (1) does not apply if the individual gives away, rents or sells the copy of the work or other subject-matter from which the reproduction is made without first destroying all reproductions of that copy that the individual has made under that subsection. 2012, c. 20, s. 22
Copyright Act — C-42 29.23
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. Limitation (2) Subsection (1) does not apply if the individual receives the work, performer’s performance or sound recording under an on-demand service. Definitions (3) The following definitions apply in this section. 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. ( radiodiffusion ) on-demand service means a service that allows a person to receive works, performer’s performances and sound recordings at times of their choosing. ( service sur demande ) 2012, c. 20, s. 22
Copyright Act — C-42
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. ( radiodiffusion )
Copyright Act — C-42
on-demand service means a service that allows a person to receive works, performer’s performances and sound recordings at times of their choosing. ( service sur demande )
Copyright Act — C-42 29.24
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. 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. 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. 2012, c. 20, s. 22
Copyright Act — C-42 29.3
Motive of gain 29.3 (1) No action referred to in section 29.4, 29.5, 30.2 or 30.21 may be carried out with motive of gain. Cost recovery (2) An educational institution, library, archive or museum, or person acting under its authority does not have a motive of gain where it or the person acting under its authority, does anything referred to in section 29.4, 29.5, 30.2 or 30.21 and recovers no more than the costs, including overhead costs, associated with doing that act. 1997, c. 24, s. 18
Copyright Act — C-42 29.4
Reproduction for instruction 29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any other necessary act, in order to display it. Reproduction for examinations, etc. (2) It is not an infringement of copyright for an educational institution or a person acting under its authority to (a) reproduce, translate or perform in public on the premises of the educational institution, or (b) communicate by telecommunication to the public situated on the premises of the educational institution a work or other subject-matter as required for a test or examination. If work commercially available (3) Except in the case of manual reproduction, the exemption from copyright infringement provided by subsections (1) and (2) does not apply if the work or other subject-matter is commercially available, within the meaning of paragraph (a) of the definition commercially available in section 2, in a medium that is appropriate for the purposes referred to in those subsections. 1997, c. 24, s. 18; 2012, c. 20, s. 23
Copyright Act — C-42 29.5
Performances 29.5 It is not an infringement of copyright for an educational institution or a person acting under its authority to do the following acts if they are done on the premises of an educational institution for educational or training purposes and not for profit, before an audience consisting primarily of students of the educational institution, instructors acting under the authority of the educational institution or any person who is directly responsible for setting a curriculum for the educational institution: (a) the live performance in public, primarily by students of the educational institution, of a work; (b) the performance in public of a sound recording, or of a work or performer’s performance that is embodied in a sound recording, as long as the sound recording is not an infringing copy or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy; (c) the performance in public of a work or other subject-matter at the time of its communication to the public by telecommunication; and (d) the performance in public of a cinematographic work, as long as the work is not an infringing copy or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy. 1997, c. 24, s. 18; 2012, c. 20, s. 24
Copyright Act — C-42 29.6
News and commentary 29.6 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority to (a) make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of the educational institution for educational or training purposes; and (b) perform the copy in public before an audience consisting primarily of students of the educational institution on its premises for educational or training purposes. (2) [Repealed, 2012, c. 20, s. 25] 1997, c. 24, s. 18; 2012, c. 20, s. 25
Copyright Act — C-42 29.7
Reproduction of broadcast 29.7 (1) Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to (a) make a single copy of a work or other subject-matter at the time that it is communicated to the public by telecommunication; and (b) keep the copy for up to thirty days to decide whether to perform the copy for educational or training purposes. Royalties for reproduction (2) An educational institution that has not destroyed the copy by the expiration of the thirty days infringes copyright in the work or other subject-matter unless it pays any royalties, and complies with any terms and conditions, fixed under this Act for the making of the copy. Royalties for performance (3) It is not an infringement of copyright for the educational institution or a person acting under its authority to perform the copy in public for educational or training purposes on the premises of the educational institution before an audience consisting primarily of students of the educational institution if the educational institution pays the royalties and complies with any terms and conditions fixed under this Act for the performance in public. 1997, c. 24, s. 18
Copyright Act — C-42 29.8
Unlawful reception 29.8 The exceptions to infringement of copyright provided for under sections 29.5 to 29.7 do not apply where the communication to the public by telecommunication was received by unlawful means. 1997, c. 24, s. 18
Copyright Act — C-42 29.9
Records and marking 29.9 (1) Where an educational institution or person acting under its authority (a) [Repealed, 2012, c. 20, s. 26] (b) makes a copy of a work or other subject-matter communicated to the public by telecommunication and performs it pursuant to section 29.7, the educational institution shall keep a record of the information prescribed by regulation in relation to the making of the copy, the destruction of it or any performance in public of it for which royalties are payable under this Act and shall, in addition, mark the copy in the manner prescribed by regulation. Regulations (2) The Board may, with the approval of the Governor in Council, make regulations (a) prescribing the information in relation to the making, destruction, performance and marking of copies that must be kept under subsection (1), (b) prescribing the manner and form in which records referred to in that subsection must be kept and copies destroyed or marked, and (c) respecting the sending of information to collective societies that carry on the business of collecting royalties referred to in subsection 29.7(2) or (3). 1997, c. 24, s. 18; 2012, c. 20, s. 26 2018, c. 27, s. 282
Copyright Act — C-42 30
Literary collections 30 The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works in which copyright subsists and not themselves published for the use of educational institutions, does not infringe copyright in those published literary works if (a) not more than two passages from works by the same author are published by the same publisher within five years; (b) the source from which the passages are taken is acknowledged; and (c) the name of the author, if given in the source, is mentioned. R.S., 1985, c. C-42, s. 30; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 18
Copyright Act — C-42 30.01
Meaning of lesson 30.01 (1) For the purposes of this section, lesson means a lesson, test or examination, or part of one, in which, or during the course of which, an act is done in respect of a work or other subject-matter by an educational institution or a person acting under its authority that would otherwise be an infringement of copyright but is permitted under a limitation or exception under this Act. Application (2) This section does not apply so as to permit any act referred to in paragraph (3)(a), (b) or (c) with respect to a work or other subject-matter whose use in the lesson constitutes an infringement of copyright or for whose use in the lesson the consent of the copyright owner is required. Communication by telecommunication (3) Subject to subsection (6), it is not an infringement of copyright for an educational institution or a person acting under its authority (a) to communicate a lesson to the public by telecommunication for educational or training purposes, if that public consists only of students who are enrolled in a course of which the lesson forms a part or of other persons acting under the authority of the educational institution; (b) to make a fixation of the lesson for the purpose of the act referred to in paragraph (a); or (c) to do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) and (b). Participation by telecommunication (4) A student who is enrolled in a course of which the lesson forms a part is deemed to be a person on the premises of the educational institution when the student participates in or receives the lesson by means of communication by telecommunication under paragraph (3)(a). Reproducing lessons (5) It is not an infringement of copyright for a student who has received a lesson by means of communication by telecommunication under paragraph (3)(a) to reproduce the lesson in order to be able to listen to or view it at a more convenient time. However, the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations. Conditions (6) The educational institution and any person acting under its authority, except a student, shall (a) destroy any fixation of the lesson within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations; (b) take measures that can reasonably be expected to limit the communication by telecommunication of the lesson to the persons referred to in paragraph (3)(a); (c) take, in relation to the communication by telecommunication of the lesson in digital form, measures that can reasonably be expected to prevent the students from fixing, reproducing or communicating the lesson other than as they may do under this section; and (d) take, in relation to a communication by telecommunication in digital form, any measure prescribed by regulation. 2012, c. 20, s. 27
Copyright Act — C-42 30.02
e copyright in a work who, in respect of the work, has authorized a collective society to enter into a reprographic reproduction agreement with an educational institution is deemed to have authorized the society to enter into a digital reproduction agreement with the institution — subject to the same restrictions as a reprographic reproduction agreement — unless the owner has refused to give this authorization under subsection (5) or has authorized another collective society to enter into a digital reproduction agreement with respect to the work. Maximum amount that may be recovered (7) In proceedings against an educational institution for making a digital reproduction of a paper form of a work, or for communicating such a reproduction by telecommunication for an educational or training purpose to persons acting under the authority of the institution, the owner of the copyright in the work may not recover an amount more than (a) in the case where there is a digital reproduction licence that meets the conditions described in paragraph (4)(a) in respect of the work — or, if none exists in respect of the work, in respect of a work of the same category — the amount of royalties that would be payable under that licence in respect of those acts or, if there is more than one applicable licence, the greatest amount of royalties payable under any of those licences; and (b) in the case where there is no licence described in paragraph (a) but there is a reprographic reproduction licence in respect of the work — or, if none exists in respect of the work, in respect of a work of the same category — the amount of royalties that would be payable under that licence in respect of those acts or, if there is more than one applicable licence, the greatest amount of royalties payable under any of those licences. No damages (8) The owner of the copyright in a work may not recover any damages against a person acting under the authority of the educational institution who, in respect of a digital reproduction of the work that is communicated to the person by telecommunication, prints one copy of the work if, at the time of the printing, it was reasonable for the person to believe that the communication was made in accordance with paragraph (1)(b). 2012, c. 20, s. 27 2018, c. 27, s. 283
Copyright Act — C-42 30.04
Work available through Internet 30.04 (1) Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for educational or training purposes in respect of a work or other subject-matter that is available through the Internet: (a) reproduce it; (b) communicate it to the public by telecommunication, if that public primarily consists of students of the educational institution or other persons acting under its authority; (c) perform it in public, if that public primarily consists of students of the educational institution or other persons acting under its authority; or (d) do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) to (c). Conditions (2) Subsection (1) does not apply unless the educational institution or person acting under its authority, in doing any of the acts described in that subsection in respect of the work or other subject-matter, mentions the following: (a) the source; and (b) if given in the source, the name of (i) the author, in the case of a work, (ii) the performer, in the case of a performer’s performance, (iii) the maker, in the case of a sound recording, and (iv) the broadcaster, in the case of a communication signal. Non-application (3) Subsection (1) does not apply if the work or other subject-matter — or the Internet site where it is posted — is protected by a technological protection measure that restricts access to the work or other subject-matter or to the Internet site. Non-application (4) Subsection (1) does not permit a person to do any act described in that subsection in respect of a work or other subject-matter if (a) that work or other subject-matter — or the Internet site where it is posted — is protected by a technological protection measure that restricts the doing of that act; or (b) a clearly visible notice — and not merely the copyright symbol — prohibiting that act is posted at the Internet site where the work or other subject-matter is posted or on the work or other subject-matter itself. Non-application (5) Subsection (1) does not apply if the educational institution or person acting under its authority knows or should have known that the work or other subject-matter was made available through the Internet without the consent of the copyright owner. Regulations (6) The Governor in Council may make regulations for the purposes of paragraph (4)(b) prescribing what constitutes a clearly visible notice. 2012, c. 20, s. 27