Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations

SOR/99-325

INTERPRETATION

Section 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

Section 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

Section 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.

Section 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:

(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)

(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):

(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).

PATRONS OF ARCHIVES

Section 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

(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

STAMPING OF COPIED WORKS

Section 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 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,

NOTICE

Section 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:

COMING INTO FORCE

Section 9.  

These Regulations come into force on September 1, 1999.


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