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An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence (S.C. 2004, c. 11)

Assented to 2004-04-01

Marginal note:R.S., c. C-42

AMENDMENTS TO THE COPYRIGHT ACT

Marginal note:1997, c. 24, s. 18(1)

  • 21. (1) Subsection 30.21(1) of the Copyright Act is replaced by the following:

    Marginal note:Copying works deposited in archive

    30.21. It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of an unpublished work that is deposited in the archive.

  • Marginal note:1999, c. 31, s. 60(E)

    (2) Paragraph 30.21(3)(a) of the English version of the Act is replaced by the following:

    • (a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying;

  • Marginal note:1997, c. 24, s. 18(1)

    (3) Subsections 30.21(5) to (7) of the Act are repealed.

  • Marginal note:Application

    (4) Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date.

CONSEQUENTIAL AMENDMENTS

Marginal note:R.S., c. A-1

Access to Information Act

Marginal note:1990, c. 3, s. 32 (Sch., s. 1(1))

22. Paragraph 68(c) of the Access to Information Act is replaced by the following:

  • (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.

Marginal note:R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 1(3))

23. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”:

  • National Archives of Canada

    Archives nationales du Canada

  • National Library

    Bibliothèque nationale

24. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Library and Archives of Canada

    Bibliothèque et Archives du Canada

Marginal note:R.S., c. C-42

Copyright Act

Marginal note:1997, c. 24, s. 18(1)

25. Section 30.5 of the Copyright Act and the heading before it are replaced by the following:

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.