Educational Exceptions

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What is the Educational Exception?

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In addition to Fair Dealing, the Copyright Act provides certain specific educational exceptions. The following uses are permitted by educational institutions, on their premises, for educational purposes:

Use What is allowed Limitations Copyright Act section

Classroom displays

Reproduce a work for the purpose of display.

The work must not be commercially available.

29.4(1)

Reproduction for exams

Reproduce, translate, perform or communicate to the public a work or other subject-matter as required for a test or examination.

The work must not be commercially available.

29.4(2)

Live performance by students

Perform a work in public.

Audience must be primarily students and educators.

29.5(a)

Performance of recordings and broadcasts

Play sound or film recordings or live broadcasts.

Audience must be primarily students and educators.

 

Recorded copy must not be infringing.

29.5(b)(c)(d)

Recorded news broadcasts

Make a single copy of a news program, excluding documentaries, for classroom use.

Audience must be primarily students and educators.

29.6

Other recorded broadcast

Make a single copy of a broadcast, including documentaries, for classroom use.

Copy must be destroyed or paid for within 30 days.

29.7

Telecommunication of lessons

Communicate a lesson over the Internet (distance learning).

Must take measures to ensure limited distribution, i.e. the students enrolled in the class.

 

Lesson must be destroyed within 30 days of course completion.

30.01

Digital copying

Make digital reproductions and communicate them, under a license for photocopies.

Institution must have a license with a reprography collective.

 

Must take measures to ensure limited distribution.

 

Subject to later possible tariffs.

30.02, 30.03

Publicly available material (PAM) on Internet

Reproduce, communicate, and perform for students works that are available on the Internet.

Works must be legitimately posted on the Internet, with no technological protection measure or clearly visible notice prohibiting such actions.

 

The source must be named.

30.04

 

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