E sccr/30/2 original: english date: april 30, 2015 Standing Committee on Copyright and Related Rights Thirtieth Session Geneva, June 29 to July 3, 2015

Museums, and persons acting with the authority of the institution, including museums that form part of educational institutions

Works and other subject matter, whether published or unpublished, in the permanent collections

One of the following conditions must be satisfied:

(a) The original work must be rare, or it must be unpublished; and the original work must be deteriorating, damaged, or lost, or at risk of deterioration or becoming damaged or lost.

(b) The original cannot be viewed, handled, or listened to because of its condition or because of the atmospheric conditions in which it must be kept; and the copy is for purposes of on site consultation.

(c) The original is in an obsolete format or the technology required to use the original is unavailable; and the copy is made in an alternative format.

(c) The institution, or person acting under its authority, considers that the original is currently in a format that is obsolete or is becoming obsolete, or that the technology required to use the original is unavailable or is becoming unavailable; and the copy is made in an alternative format.

(d) The copy is for the purposes of internal record-keeping and cataloguing.

(e) The copy is for insurance purposes or police investigations.

(f) The copy is necessary for restoration.

Alternative (a), (b), and (c) do not apply where an appropriate copy is commercially available in a medium and of a quality that is appropriate for the allowed purposes.

If a copyright owner is not located after a reasonable search, a user may apply to the Copyright Board for a license to use the work.

Fair dealing exception.

§ 29.22

It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if:

(b) the individual legally obtained the copy of the work or other subject-matter from which the reproduction is made, other than by borrowing it or renting it, and owns or is authorized to use the medium or device on which it is reproduced;

(c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;

(d)the individual does not give the reproduction away; and

(e) the reproduction is used only for the individual’s private purposes

A “medium or device” includes digital memory in which a work or subject-matter may be stored for the purpose of allowing the telecommunication of the work or other subject-matter through the Internet or other digital network.

§ 30.3

It is not an infringement for a museum or a person acting under its authority (including a museum that forms part of an educational institution) to do anything on behalf of any person that the person may do personally under Section 29 (related to fair dealing for the purpose of research or private study) or Section 29.1 (related to fair dealing for criticism or review).

Reproduction machines

Museum (including museum that forms part of an educational institution) does not infringe copyright when reprographic reproductions of works in printed form are made on a machine installed with approval on the premises for use by persons using the library or other organization, and affixed to the machine is a warning notice in the prescribed manner and location. This exemption applies only if the organization has an agreement with a collective licensing agency or other arrangement in accordance with details in the statute and regulations.

Fair dealing exception.

Museums within Educational institutions

§ 30.4 Exceptions to infringement of copyright provided for under sections 29.4 to 30.3 and 45 also apply in respect of a museum that forms part of an educational institution.

§ 29.4

Reproduction of a work or any other necessary act in order to display it for the purposes of education or training on its premises.

Reproduction, translation or performance in public on the premises of the educational institution.

Communication by telecommunication to the public situated on the premises of the educational institution of a work or other subject-matter as required for a test or examination.

Except in the case of manual reproduction, above-mentioned exceptions do not apply if the work or other subject-matter is commercially available in a medium that is appropriate for the purposes referred to in the exceptions