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A guide to copyright for Royal Roads University faculty, students, and staff.

Personal Use Exceptions

An individual may, for non-commercial purposes, use a published work to create a new work provided that the individual had reasonable grounds to believe that

  • the published work used did not infringe copyright,
  • the individual mentions the source of the published work and
  • the use of such published work does not have a substantial negative effect to the copyright holder of the published work.

For example, this allows you to splice scenes from legally purchased movies or videos, for the purposes of creating a lecture.

See: Copyright Act sx. 29.21:  Non-commercial user-generated content

An individual may reproduce, for a private purpose, any work, if the source copy was legally obtained and the individual does not circumvent an access Digital Lock (see above) in order to reproduce the work. For example, this allows you to copy a song purchased from iTunes from your computer onto a device, such as an iPod, or files from a legally purchased CD to your computer.

This exception does not allow you to:

  • copy songs onto a CD or mini-disc (or any other audio recording medium); 
  • give the reproduction away; or 
  • keep the reproduction if the original version is given away, rented or sold.

See:  Copyright Act sx. 29.22: Reproduction for private purposes

An individual can fix a communication signal or copy a work, sound recording or performance being broadcast for the purpose of privately viewing it at a later time, provided that the signal is received legally, the individual does not circumvent an access Digital Lock in order to fix the signal or copy the work, only one recording is made and such recording is not given away. For example, this allows you to record a show on your PVR or other recording device to watch at a later time.

See:  Copyright Act sx.29.23: Fixing signals and recording programs for later listening or viewing

An individual can make a backup copy of a work to protect against the source copy being lost, damaged or otherwise rendered unusable, if the source work is legally obtained by the individual, the individual does not circumvent an access Digital Lock in order to back-up the work, and the backup copy is not given away.

See:  Copyright Act sx.29.24: Backup copies

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