The Canadian Copyright Act is federal legislation that establishes the economic and moral rights of creators to control the publication of their works, receive remuneration for it, and protect its integrity. Since the 1980s, there has been a concerted effort to strike a balance between the rights of copyright holders and the needs of users. In April 1997, Bill C-32 amended the Copyright Act to include exceptions for educators, libraries and museums.
Under section 29, for example, it is not an infringement of copyright for an educational institution (or a person acting under its authority) to:
- copy a work, either mechanically or by manual reproduction, for use as a handout or a projected image
- reproduce, translate or perform material as part of a test or examination
- distribute test material by telecommunications
- perform a dramatic, literary and musical work in an educational setting before an audience composed primarily of students
- play sound recordings such as disc, CD or tapes (though the exemption does not cover films and videos)
Some exemptions carry time limits: educators may
- make a single copy of a news program (excluding documentaries) to play for a student audience within one year — after that time, royalties must be paid.
- reproduce a broadcast for educational or training purposes, for up to thirty days after the original broadcast. Again, after a year, the copy must be destroyed, or else royalties must be paid.
The educational institution must keep full records of such recordings, subsequent rights clearance, or erasure of the material.
Another area of exception in the Copyright Act is research and private study: although some restrictions apply, it is not an infringement to copy an article published in a newspaper, review, magazine or other periodical for the purpose of research or private study. (Section 30.2).
Full Text: Copyright Act