• (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acting under the authority of the library, archive or museum considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable;

• Marginal note:Conditions

  (4) A library, archive or museum may provide the person for whom the copy is made under subsection (2) with the copy only on the condition that

  • (a) the person is provided with a single copy of the work; and

  • (b) the library, archive or museum 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.

• Marginal note:Patrons of other libraries, etc.

  (5) Subject to subsection (5.02), a library, archive or museum, or a person acting under the authority of one, may do, on behalf of a patron of another library, archive or museum, anything under subsection (1) or (2) that it is authorized by this section to do on behalf of one of its own patrons.

• Marginal note:Deeming

  (5.01) For the purpose of subsection (5), the making of a copy of a work other than by reprographic reproduction is deemed to be a making of a copy of the work that may be done under subsection (2).

• Marginal note:Limitation regarding copies in digital form

  (5.02) A library, archive or museum, or a person acting under the authority of one, may, under subsection (5), provide a copy in digital form to a person who has requested it through another library, archive or museum if the providing library, archive or museum or person takes measures to prevent the person who has requested it from

  • (a) making any reproduction of the digital copy, including any paper copies, other than printing one copy of it;

  • (b) communicating the digital copy to any other person; and

  • (c) using the digital copy for more than five business days from the day on which the person first uses it.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

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.

Temporary Reproductions for Technological Processes

Marginal note: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.

The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act, or be exempted from this requirement by the Canadian Radio-television and Telecommunications Commission.

Network Services

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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

Marginal note:Sending copies outside Canada

• 32.01 (1) Subject to this section, it is not an infringement of copyright for a non-profit organization acting for the benefit of persons with a print disability to make a copy, in a format specially designed for persons with a print disability, of a work and to send the copy to a non-profit organization in another country for use by persons with print disabilities in that country, if the author of the work that is reformatted is

  • (a) a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

  • (b) a citizen or permanent resident of the country to which the copy is sent.

• Marginal note:Limitation

  (2) Subsection (1) does not authorize a large print book or a cinematographic work to be sent outside Canada.

• Marginal note:Work available in country

  (3) Subsection (1) does not authorize a copy to be sent to a country if the organization knows or has reason to believe that the work, in the format specially designed for persons with a print disability, is available in that country within a reasonable time and for a reasonable price, and may be located in that country with reasonable effort.

• Marginal note:Good faith mistake as to author’s nationality

  (3.1) If a non-profit organization that is relying on the exception set out in subsection (1) infringes copyright by reason only of making a mistake in good faith as to the citizenship or residency of the author of the work, an injunction is the only remedy that the owner of the copyright in the work has against the organization.

• Marginal note:Royalty

  (4) The organization making and sending the copy shall pay, in accordance with the regulations, any royalty established under the regulations to the copyright owner in the work.

• Marginal note:If copyright owner cannot be located

  (5) If the organization cannot locate the copyright owner, despite making reasonable efforts to do so, the organization shall pay, in accordance with the regulations, any royalty established under the regulations to a collective society.

• Marginal note:Reports

  (6) The organization making and sending the copy shall submit reports to an authority in accordance with the regulations on the organization’s activities under this section.

• Marginal note:Regulations

  (7) The Governor in Council may make regulations

  • (a) requiring a non-profit organization that seeks to send a copy outside Canada to, before doing so, enter into a contract with the recipient non-profit organization with respect to the use of the copy;

  • (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 classes of works 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).

• Meaning of “print disability”

  (8) In this section, “print disability” means a disability that prevents or inhibits a person from reading a literary, musical 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.