Copyright

Educational Exceptions

Educational exceptions in the Canadian Copyright Act permit certain activities for the purposes of education or training on the premises of an educational institution. These exception are outlined below.

Section 29.4 (1) - Reproduction for instruction opens a new window

It is not an infringement of copyright for an educational institution or a person acting under its authority to reproduce a work, or do any other act in order to display it for the purposes of education or training on campus.

Section 29.4 (2) Reproduction for examinations, etc opens a new window.

It is not an infringement of copyright for an educational institution or person acting under its authority to reproduce, transform, perform or communicate by telecommunication a work or other subject matter for a test or examination.

NOTE: Section 29.4 (1) and (2) opens a new window do not apply if a commercial copy of the work or other subject-matter is available on the Canadian market within a reasonable time, for a reasonable price and can be located with reasonable effort.

Section 29.5 – Performances opens a new window

It is not an infringement of copyright for an educational institution or person acting under its authority to perform: a live performance (e.g. dramatic, literary or live radio/communication); sound recording; or cinematographic work as long as it takes place on campus for educational or training purposes and not for profit and before an audience primarily made up of students, instructors or persons directly responsible for establishing curriculum at the institution.

NOTE: Sound recordings and cinematographic works must legal, non-infringing copies.

Section 29.6 News and commentary

It is not an infringement of copyright for an educational institution or person acting under its authority to make a copy of a news program or news commentary program at the time of broadcast for the purposes of performing the copy on campus for educational or training purposes before an audience primarily made up of students.

NOTE: Recording must be a lawful copy.

Section 30.4 Work available through Internet opens a new window

It is not an infringement of copyright for an educational institution or person acting under its authority to copy, communicate or perform work or other subject-matter available through the Internet on campus for educational or training purposes as long as the following conditions are met.

• the source is acknowledged, including, if available and applicable, the author, performer, maker and/or broadcaster
• the content is not protected by a technological protection measure which prevents access, copying, communicating or performing the work
• there is no clearly visible notice accompanying the content which prohibits educational use
• the material has been legally posted, made available by the copyright holder or with their consent.

NOTE: Section 30.4 opens a new window permits the copying and communicating of a complete work as long as the conditions are met.

Digital Locks

Digital locks or technological protection measures (TPMs) as they referred to in the Canadian Copyright Act, control access and uses of works.