CONSOLIDATION

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

SOR/99-325

Current to June 20, 2022 Last amended on May 15, 2008



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on May 15, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on May 15, 2008

TABLE OF PROVISIONS Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

Interpretation

Newspaper or Periodical

Records Kept Under Section 30.2 of the Act

Patrons of Archives

Stamping of Copied Works

Notice

Coming into Force

Current to June 20, 2022 Last amended on May 15, 2008

ii

Registration SOR/99-325 July 28, 1999

COPYRIGHT ACT Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

P.C. 1999-1351

July 28, 1999

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsections 30.2(6)a, 30.21(4)a and 6a and 30.3(5)a of the Copyright Act, hereby makes the annexed Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations.

a

S.C. 1997, c. 24, s. 18(1)

Current to June 20, 2022 Last amended on May 15, 2008

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

Interpretation 1 (1) In these Regulations, “Act” means the Copyright

Act. (2) In these Regulations, a reference to a copy of a work

is a reference to a copy of all or any substantial part of a work.

Newspaper or Periodical 2 For the purpose of subsection 30.2(6) of the Act, “newspaper or periodical” means a newspaper or a periodical, other than a scholarly, scientific or technical periodical, that was published more than one year before the copy is made.

Records Kept Under Section 30.2 of the Act 3 In respect of activities undertaken by a library, an

archive or a museum under subsection 30.2(1) of the Act, section 4 applies only to the reproduction of works. 4 (1) Subject to subsection (2), a library, an archive or a

museum, or a person acting under the authority of one, shall record the following information with respect to a copy of a work that is made under section 30.2 of the Act: (a) the name of the library, archive or museum making the copy; (b) if the request for a copy is made by a library, archive or museum on behalf of a person who is a patron of the library, archive or museum, the name of the library, archive or museum making the request; (c) the date of the request; and (d) information that is sufficient to identify the work, such as (i) the title,

Current to June 20, 2022 Last amended on May 15, 2008

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations Records Kept Under Section 30.2 of the Act Section 4

(ii) the International Standard Book Number, (iii) the International Standard Serial Number, (iv) the name of the newspaper, the periodical or the scholarly, scientific or technical periodical in which the work is found, if the work was published in a newspaper, a periodical or a scholarly, scientific or technical periodical, (v) the date or volume and number of the newspaper or periodical, if the work was published in a newspaper or periodical, (vi) the date or volume and number of the scholarly, scientific or technical periodical, if the work was published in a scholarly, scientific or technical periodical, and (vii) the numbers of the copied pages.

(2) A library, an archive or a museum, or a person acting

under the authority of one, does not have to record the information referred to in subsection (1) if the copy of the work is made under subsection 30.2(1) of the Act after December 31, 2003. (3) A library, an archive or a museum, or a person acting

under the authority of one, shall keep the information referred to in subsection (1) (a) by retaining the copy request form; or (b) in any other manner that is capable of reproducing

the information in intelligible written form within a reasonable time. (4) A library, an archive or a museum, or a person acting

under the authority of one, shall keep the information referred to in subsection (1) with respect to copies made of a work for at least three years. (5) A library, an archive or a museum, or a person acting

under the authority of one, shall make the information referred to in subsection (1), with respect to copies made of a work, available once a year to one of the following persons, on request made by the person in accordance with subsection (7): (a) the owner of copyright in the work; (b) the representative of the owner of copyright in the work; or

Current to June 20, 2022 Last amended on May 15, 2008

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations Records Kept Under Section 30.2 of the Act Sections 4-7

(c) a collective society that is authorized by the owner of copyright in the work to grant licences on their behalf. (6) A library, an archive or a museum, or a person acting

under the authority of one, shall make the information referred to in subsection (1) available to the person making the request, within 28 days after the receipt of the request or any longer period that may be agreed to by both of them. (7) A request referred to in subsection (5) must be made

in writing, indicate the name of the author of the work and the title of the work, and be signed by the person making the request and include a statement by that person indicating that the request is made under paragraph (5)(a), (b) or (c). 5 [Repealed, SOR/2008-169, s. 5]

Patrons of Archives 6 (1) If a person registers as a patron of an archive, the archive shall inform the patron in writing at the time of registration that (a) any copy of a work under section 30.21 of the Act is to be used solely for the purpose of research or private study; and (b) any use of that copy for any other purpose may require the authorization of the copyright owner of the work. (2) If a person requests a copy of a work from an archive under section 30.21 of the Act and the person has not registered as a patron of the archive, the archive shall inform the person in writing at the time of the request (a) that any copy is to be used solely for the purpose

of research or private study; and (b) that any use of a copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question. SOR/2008-169, s. 6.

Stamping of Copied Works 7 A library, archive or museum, or a person acting under

the authority of one, that makes a copy of a work under section 30.2 or 30.21 of the Act shall inform the person requesting the copy, by means of text printed on the copy

Current to June 20, 2022 Last amended on May 15, 2008

Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations Stamping of Copied Works Sections 7-9

or a stamp applied to the copy, if the copy is in printed format, or by other appropriate means, if the copy is made in another format, (a) that the copy is to be used solely for the purpose of

research or private study; and (b) 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.

Notice 8 An educational institution, a library, an archive or a

museum in respect of which subsection 30.3(2), (3) or (4) of the Act applies shall ensure that a notice that contains at least the following information is affixed to, or within the immediate vicinity of, every photocopier in a place and manner that is readily visible and legible to persons using the photocopier: “WARNING! Works protected by copyright may be copied on this photocopier only if authorized by (a) the Copyright Act for the purpose of fair dealing or under specific exceptions set out in that Act; (b) the copyright owner; or (c) a licence agreement between this institution and a

collective society or a tariff, if any.

For details of authorized copying, please consult the licence agreement or the applicable tariff, if any, and other relevant information available from a staff member. The Copyright Act provides for civil and criminal remedies for infringement of copyright.”

Coming into Force 9 These Regulations come into force on September 1, 1999.

Current to June 20, 2022 Last amended on May 15, 2008

