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Provisions for Educational Institutions in the Copyright Act
The following provisions of the Copyright Act are specific to “educational institutions,” defined as, inter alia, “a non-profit institution licensed or recognized by or under an Act of Parliament or the legislature of a province to provide pre-school, elementary, secondary or post-secondary education.”
Reproduction for instruction: 29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority (a) to make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface intended for displaying handwritten material, or (b) to make a copy of a work to be used to project an image of that copy using an overhead projector or similar device for the purposes of education or training on the premises of an educational institution.
Reproduction for examinations, etc.: (2) It is not an infringement of copyright for an educational institution or a person acting under its authority to (a) reproduce, translate or perform in public on the premises of the educational institution, or (b) communicate by telecommunication to the public situated on the premises of the educational institution a work or other subject-matter as required for a test or examination.
Where work commercially available: (3) Except in the case of manual reproduction, the exemption from copyright infringement provided by paragraph (1)(b) and subsection (2) does not apply if the work or other subject-matter is commercially available in a medium that is appropriate for the purpose referred to in that paragraph or subsection, as the case may be.
Performances: 29.5 It is not an infringement of copyright for an educational institution or a person acting under its authority to do the following acts if they are done on the premises of an educational institution for educational or training purposes and not for profit, before an audience consisting primarily of students of the educational institution, instructors acting under the authority of the educational institution or any person who is directly responsible for setting a curriculum for the educational institution: (a) the live performance in public, primarily by students of the educational institution, of a work; (b) the performance in public of a sound recording or of a work or performer’s performance that is embodied in a sound recording; and (c) the performance in public of a work or other subject-matter at the time of its communication to the public by telecommunication.
News and commentary: 29.6 (1) Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to (a) make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of the educational institution for educational or training purposes; and (b) perform the copy in public, at any time or times within one year after the making of a copy under paragraph (a), before an audience consisting primarily of students of the educational institution on its premises for educational or training purposes.
Royalties for reproduction and performance: (2) The educational institution must (a) on the expiration of one year after making a copy under paragraph (1)(a), pay the royalties and comply with any terms and conditions fixed under this Act for the making of the copy or destroy the copy; and (b) where it has paid the royalties referred to in paragraph (a), pay the royalties and comply with any terms and conditions fixed under this Act for any performance in public of the copy after the expiration of that year.
Reproduction of broadcast: 29.7 (1) Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to (a) make a single copy of a work or other subject-matter at the time that it is communicated to the public by telecommunication; and (b) keep the copy for up to thirty days to decide whether to perform the copy for educational or training purposes.
Royalties for reproduction: (2) An educational institution that has not destroyed the copy by the expiration of the thirty days infringes copyright in the work or other subject-matter unless it pays any royalties, and complies with any terms and conditions, fixed under this Act for the making of the copy.
Royalties for performance: (3) It is not an infringement of copyright for the educational institution or a person acting under its authority to perform the copy in public for educational or training purposes on the premises of the educational institution before an audience consisting primarily of students of the educational institution if the educational institution pays the royalties and complies with any terms and conditions fixed under this Act for the performance in public.
Unlawful reception: 29.8 The exceptions to infringement of copyright provided for under sections 29.5 to 29.7 do not apply where the communication to the public by telecommunication was received by unlawful means.
Records and marking: 29.9 (1) Where an educational institution or person acting under its authority (a) makes a copy of a news program or a news commentary program and performs it pursuant to section 29.6, or (b) makes a copy of a work or other subject-matter communicated to the public by telecommunication and performs it pursuant to section 29.7, the educational institution shall keep a record of the information prescribed by regulation in relation to the making of the copy, the destruction of it or any performance in public of it for which royalties are payable under this Act and shall, in addition, mark the copy in the manner prescribed by regulation.
Regulations: (2) The Board may, with the approval of the Governor in Council, make regulations (a) prescribing the information in relation to the making, destruction, performance and marking of copies that must be kept under subsection (1), (b) prescribing the manner and form in which records referred to in that subsection must be kept and copies destroyed or marked, and (c) respecting the sending of information to collective societies referred to in section 71.
Literary collections: 30. The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works in which copyright subsists and not themselves published for the use of educational institutions, does not infringe copyright in those published literary works if (a) not more than two passages from works by the same author are published by the same publisher within five years; (b) the source from which the passages are taken is acknowledged; and (c) the name of the author, if given in the source, is mentioned.