GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Copyright Act — C-42 30.1
Management and maintenance of collection 30.1 (1) It is not an infringement of copyright for a library, archive or museum or a person acting under the authority of a library, archive or museum to make, for the maintenance or management of its permanent collection or the permanent collection of another library, archive or museum, a copy of a work or other subject-matter, whether published or unpublished, in its permanent collection (a) if the original is rare or unpublished and is (i) deteriorating, damaged or lost, or (ii) at risk of deterioration or becoming damaged or lost; (b) for the purposes of on-site consultation if the original cannot be viewed, handled or listened to because of its condition or because of the atmospheric conditions in which it must be kept; (c) in an alternative format if the library, archive or museum or a person acting under the authority of the library, archive or museum considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable; (d) for the purposes of internal record-keeping and cataloguing; (e) for insurance purposes or police investigations; or (f) if necessary for restoration. Limitation (2) Paragraphs (1)(a) to (c) do not apply where an appropriate copy is commercially available in a medium and of a quality that is appropriate for the purposes of subsection (1). Destruction of intermediate copies (3) If a person must make an intermediate copy in order to make a copy under subsection (1), the person must destroy the intermediate copy as soon as it is no longer needed. Regulations (4) The Governor in Council may make regulations with respect to the procedure for making copies under subsection (1). 1997, c. 24, s. 18; 1999, c. 31, s. 59(E); 2012, c. 20, s. 28
Copyright Act — C-42 30.21
Copying works deposited in archive 30.21 (1) Subject to subsections (3) and (3.1), it is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it. Notice (2) When a person deposits a work in an archive, the archive must give the person notice that it may copy the work in accordance with this section. Conditions for copying of works (3) The archive may copy the work only on the condition that (a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying; and (b) copying has not been prohibited by any other owner of copyright in the work. Condition for providing copy (3.1) The archive may provide the person for whom a copy is made under subsection (1) with the copy only on the condition that (a) the person is provided with a single copy of the work; and (b) the archive informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question. Regulations (4) The Governor in Council may prescribe by regulation the manner and form in which the conditions set out in subsections (3) and (3.1) may be met. (5) to (7) [Repealed, 2004, c. 11, s. 21] 1997, c. 24, s. 18; 1999, c. 31, s. 60(E); 2004, c. 11, s. 21; 2012, c. 20, s. 30
Copyright Act — C-42 30.3
No infringement by educational institution, etc. 30.3 (1) An educational institution or a library, archive or museum does not infringe copyright where (a) a copy of a work is made using a machine for the making, by reprographic reproduction, of copies of works in printed form; (b) the machine is installed by or with the approval of the educational institution, library, archive or museum on its premises for use by students, instructors or staff at the educational institution or by persons using the library, archive or museum; and (c) there is affixed in the prescribed manner and location a notice warning of infringement of copyright. Application (2) Subsection (1) only applies if, in respect of a reprographic reproduction, (a) the educational institution, library, archive or museum has entered into an agreement with a collective society that is authorized by copyright owners to grant licences on their behalf; (b) the Board has, in accordance with subsection 71(2), fixed the royalty rates and related terms and conditions; (c) a tariff has been approved in accordance with section 70; or (d) a collective society has filed a proposed tariff in accordance with section 68. Order (3) Where a collective society offers to negotiate or has begun to negotiate an agreement referred to in paragraph (2)(a), the Board may, at the request of either party, order that the educational institution, library, archive or museum be treated as an institution to which subsection (1) applies, during the period specified in the order. Agreement with copyright owner (4) Where an educational institution, library, archive or museum has entered into an agreement with a copyright owner other than a collective society respecting reprographic reproduction, subsection (1) applies only in respect of the works of the copyright owner that are covered by the agreement. Regulations (5) The Governor in Council may, for the purposes of paragraph 1(c), prescribe by regulation the manner of affixing and location of notices and the dimensions, form and contents of notices. 1997, c. 24, s. 18 2018, c. 27, s. 285
Copyright Act — C-42 30.4
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. 1997, c. 24, s. 18
Copyright Act — C-42 30.5
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. 1997, c. 24, s. 18; 2004, c. 11, s. 25
Copyright Act — C-42 30.6
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. 1997, c. 24, s. 18; 2012, c. 20, s. 31
Copyright Act — C-42 30.61
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. 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. 2012, c. 20, s. 31
Copyright Act — C-42 30.62
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. 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 . 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. 2012, c. 20, s. 31
Copyright Act — C-42 30.63
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. 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 . 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. 2012, c. 20, s. 31
Copyright Act — C-42 30.7
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. 1997, c. 24, s. 18
Copyright Act — C-42 30.71
Temporary reproductions 30.71 It is not an infringement of copyright to make a reproduction of a work or other subject-matter if (a) the reproduction forms an essential part of a technological process; (b) the reproduction’s only purpose is to facilitate a use that is not an infringement of copyright; and (c) the reproduction exists only for the duration of the technological process. 2012, c. 20, s. 32
Copyright Act — C-42 30.9
Ephemeral recordings — broadcasting undertaking 30.9 (1) It is not an infringement of copyright for a broadcasting undertaking to reproduce in accordance with this section a sound recording, or a performer’s performance or work that is embodied in a sound recording, solely for the purpose of their broadcasting, if the undertaking (a) owns the copy of the sound recording, performer’s performance or work and that copy is authorized by the owner of the copyright, or has a licence to use the copy; (b) is authorized to communicate the sound recording, performer’s performance or work to the public by telecommunication; (c) makes the reproduction itself, for its own broadcasts; (d) does not synchronize the reproduction with all or part of another recording, performer’s performance or work; and (e) does not cause the reproduction to be used in an advertisement intended to sell or promote, as the case may be, a product, service, cause or institution. Record keeping (2) The broadcasting undertaking must record the dates of the making and destruction of all reproductions and any other prescribed information about the reproduction, and keep the record current. Right of access by copyright owners (3) The broadcasting undertaking must make the record referred to in subsection (2) available to owners of copyright in the sound recordings, performer’s performances or works, or their representatives, within twenty-four hours after receiving a request. Destruction (4) The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording, or performer’s performance or work embodied in the sound recording, or its licence to use the sound recording, performer’s performance or work expires, or at the latest within 30 days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained. Royalty (5) If the copyright owner authorizes the reproduction to be retained, the broadcasting undertaking must pay any applicable royalty. (6) [Repealed, 2012, c. 20, s. 34] Definition of broadcasting undertaking (7) In this section, broadcasting undertaking means a broadcasting undertaking , as defined in subsection 2(1) of the Broadcasting Act , that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under that Act. For greater certainty, it does not include an online undertaking , as defined in that subsection 2(1). 1997, c. 24, s. 18; 2012, c. 20, s. 34 2023, c. 8, s. 39
Copyright Act — C-42 31
Interpretation 31 (1) In this section, new media retransmitter means a person whose retransmission would be lawful under the Broadcasting Act — as that Act read immediately before the day on which section 31.1 of that Act comes into force — only by reason of the Exemption order for digital media broadcasting undertakings , issued by the Canadian Radio-television and Telecommunications Commission as the appendix to Broadcasting Order CRTC 2012-409, as it read immediately before that day; ( retransmetteur de nouveaux médias ) retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; ( retransmetteur ) signal means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station. ( signal ) Retransmission of local and distant signals (2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if (a) the communication is a retransmission of a local or distant signal; (b) the retransmission is lawful under the Broadcasting Act ; (c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada; (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b). Regulations (3) The Governor in Council may make regulations (a) defining “local signal” and “distant signal” for the purposes of subsection (2); and (b) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter. R.S., 1985, c. C-42, s. 31; R.S., 1985, c. 10 (4th Supp.), s. 7; 1988, c. 65, s. 63; 1997, c. 24, ss. 16, 52(F); 2002, c. 26, s. 2 2023, c. 8, s. 40
Copyright Act — C-42
new media retransmitter means a person whose retransmission would be lawful under the Broadcasting Act — as that Act read immediately before the day on which section 31.1 of that Act comes into force — only by reason of the Exemption order for digital media broadcasting undertakings , issued by the Canadian Radio-television and Telecommunications Commission as the appendix to Broadcasting Order CRTC 2012-409, as it read immediately before that day; ( retransmetteur de nouveaux médias )
Copyright Act — C-42
retransmitter means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; ( retransmetteur )
Copyright Act — C-42
signal means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station. ( signal )
Copyright Act — C-42 31.1
Network services 31.1 (1) A person who, in providing services related to the operation of the Internet or another digital network, provides any means for the telecommunication or the reproduction of a work or other subject-matter through the Internet or that other network does not, solely by reason of providing those means, infringe copyright in that work or other subject-matter. Incidental acts (2) Subject to subsection (3), a person referred to in subsection (1) who caches the work or other subject-matter, or does any similar act in relation to it, to make the telecommunication more efficient does not, by virtue of that act alone, infringe copyright in the work or other subject-matter. Conditions for application (3) Subsection (2) does not apply unless the person, in respect of the work or other subject-matter, (a) does not modify it, other than for technical reasons; (b) ensures that any directions related to its caching or the doing of any similar act, as the case may be, that are specified in a manner consistent with industry practice by whoever made it available for telecommunication through the Internet or another digital network, and that lend themselves to automated reading and execution, are read and executed; and (c) does not interfere with the use of technology that is lawful and consistent with industry practice in order to obtain data on the use of the work or other subject-matter. Hosting (4) Subject to subsection (5), a person who, for the purpose of allowing the telecommunication of a work or other subject-matter through the Internet or another digital network, provides digital memory in which another person stores the work or other subject-matter does not, by virtue of that act alone, infringe copyright in the work or other subject-matter. Condition for application (5) Subsection (4) does not apply in respect of a work or other subject-matter if the person providing the digital memory knows of a decision of a court of competent jurisdiction to the effect that the person who has stored the work or other subject-matter in the digital memory infringes copyright by making the copy of the work or other subject-matter that is stored or by the way in which he or she uses the work or other subject-matter. Exception (6) Subsections (1), (2) and (4) do not apply in relation to an act that constitutes an infringement of copyright under subsection 27(2.3). 2012, c. 20, s. 35
Copyright Act — C-42 32
Reproduction in alternate format 32 (1) It is not an infringement of copyright for a person with a perceptual disability, for a person acting at the request of such a person or for a non-profit organization acting for the benefit of such a person to (a) reproduce a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; (a.1) fix a performer’s performance of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; (a.2) reproduce a sound recording, or a fixation of a performer’s performance referred to in paragraph (a.1), in a format specially designed for persons with a perceptual disability; (b) translate, adapt or reproduce in sign language a literary or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; (b.1) provide a person with a perceptual disability with, or provide such a person with access to, a work or other subject-matter to which any of paragraphs (a) to (b) applies, in a format specially designed for persons with a perceptual disability, and do any other act that is necessary for that purpose; or (c) perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability. Limitation (2) Subsection (1) 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 format specially designed to meet the needs of the person with a perceptual disability referred to in that subsection. (3) [Repealed, 2016, c. 4, s. 1] R.S., 1985, c. C-42, s. 32; R.S., 1985, c. 10 (4th Supp.), s. 7; 1997, c. 24, s. 19; 2012, c. 20, s. 36; 2016, c. 4, s. 1
Copyright Act — C-42 32.01
ulations, any royalty established under the regulations to a collective society. Reports (6) A non-profit organization relying on the exception set out in subsection (1) shall submit reports to an authority, in accordance with the regulations, on the organization’s activities under this section. Regulations (7) The Governor in Council may make regulations (a) requiring that, before a non-profit organization provides, or provides access to, a work or other subject-matter under paragraph (1)(b), the organization enter into a contract with respect to the use of the work or other subject-matter with, as the case may be, the recipient non-profit organization or the non-profit organization through which the request was made; (b) respecting the form and content of such contracts; (c) respecting any royalties to be paid under subsections (4) and (5); (d) respecting to which collective society a royalty is payable in relation to works or other subject-matter, or classes of works or other subject-matter, for the purposes of subsection (5); (e) respecting what constitutes reasonable efforts for the purposes of subsection (5); and (f) respecting the reports to be made, and the authorities to which the reports are to be submitted, under subsection (6). Definitions (8) The following definitions apply in this section. Marrakesh Treaty country means a country that is a party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on June 27, 2013. ( pays partie au Traité de Marrakech ) print disability means a disability that prevents or inhibits a person from reading a literary, musical, artistic or dramatic work in its original format and includes such a disability resulting from (a) severe or total impairment of sight or the inability to focus or move one’s eyes; (b) the inability to hold or manipulate a book; or (c) an impairment relating to comprehension. ( déficience de lecture des imprimés ) 2012, c. 20, s. 37; 2016, c. 4, s. 2