Selected year snapshot
For 2025, the active event in this file is Copyright Act, R.S.C. 1985, c. C-42 (as amended, current to 2025).
100%
Current rationale
As of 2025, the Copyright Act of Canada continues to contain the same fair dealing provision in s. 29 that was last amended in 2012. 'Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.' This remains the most permissive research-relevant exception. Analysis: (1) Uses: 'dealing' covers any exclusive right — reproduction, communication, distribution, performance, etc. (2) Works: applies to any 'work or other subject-matter' — no category of works is excluded. (3) Users: open to any person — not restricted to institutions or individuals acting privately. 'Research' and 'private study' are listed as independent purposes separated by commas; 'private' modifies 'study' only, not 'research.' This satisfies GREEN: full-work reproduction AND sharing/communication permitted, for research, by any user, for any work. No TDM-specific exception has been enacted in Canada as of 2025, but the general fair dealing for research in s. 29 would cover TDM activities to the extent they constitute fair dealing. Other exceptions remain in force: library/archive/museum exceptions (ss. 30.1–30.2, PURPLE), educational institution exceptions (ss. 29.4–30.04, PURPLE), reproduction for private purposes (s. 29.22, LIGHT BLUE), user-generated content (s. 29.21), and temporary reproductions for technological processes (s. 30.71). None of these is more permissive than s. 29. Classification-neutral factors (proportionality inherent in 'fair dealing,' non-commercial restrictions in other provisions) were not used to change the color. The last amendment to the Copyright Act was on April 27, 2023 (relating to term extension to life+70 under the CUSMA implementation), which did not affect the exceptions provisions.
Exceptions considered
Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. Covers any dealing with any work by any user.
Fair dealing for the purpose of criticism or review, with attribution.
Fair dealing for the purpose of news reporting, with attribution.
Non-commercial user-generated content exception. Individual may use existing work in creation of new work and disseminate it, non-commercial purposes only.
Reproduction for private purposes by an individual from a legally obtained, non-infringing copy.
Time-shifting exception for individuals recording broadcast programs for later private viewing/listening.
Backup copies exception. Person who owns a copy may make a backup copy.
Educational institution exceptions: performances in classroom (s. 29.5), reproductions for tests (s. 29.4), Internet-available works for educational purposes (s. 30.04), etc. Restricted to educational institutions.
Library, archive, and museum exceptions. Permits reproduction for patrons for research or private study (s. 30.2), inter-library loans (s. 30.2(2)), reproduction of unpublished works (s. 30.21), etc. Restricted to LAM institutions.
Temporary reproductions for technological processes. Not an infringement to make a temporary reproduction if it is an essential part of a technological process and has no independent economic significance.
Law changes
Copyright Act, R.S.C. 1985, c. C-42
Baseline · Effective 1990-01-01
100%
Relevant section: Section 29
Dates: Effective 1990-01-01
Why this score
Section 29 of the Copyright Act as in force on 1990-01-01 provided a fair dealing exception for the purpose of 'research or private study.' The term 'dealing' is not limited to reproduction — it covers any act restricted by copyright, including reproduction, communication, and other exclusive rights. It applies to any user (not restricted to institutions or individuals acting privately — 'private study' is one of two independent purposes alongside 'research'). It applies to all types of works. There is no statutory cap on the amount that may be dealt with. This satisfies GREEN: reproduction of full works AND sharing/communication, for research purposes, open to any user and any work. The library exception in s. 30.1–30.2 (permitting libraries to make copies for patrons for research/private study) also existed but is less permissive (PURPLE). Classification-neutral factors (non-commercial purpose, proportionality inherent in 'fair dealing') were not used to change the color.
Exceptions considered
Fair dealing for the purpose of research or private study does not infringe copyright. Covers any dealing (any exclusive right) with any work by any user.
Library and archive exceptions permitting reproduction of works for patrons for research or private study, subject to conditions.
Original text
Fair dealing for the purpose of research or private study does not infringe copyright.
Source links
Copyright Act, as amended by S.C. 1997, c. 24 (An Act to amend the Copyright Act)
Relevant update · Effective 1997-09-01
100%
Relevant section: Sections 29, 29.1, 29.2, 30.1, 30.2
Dates: Effective 1997-09-01 · Enacted 1997-04-25
Why this score
The 1997 amendments restructured the exceptions Part III of the Copyright Act. Section 29 (fair dealing for research or private study) was retained unchanged. New fair dealing purposes were added (criticism/review in s. 29.1, news reporting in s. 29.2). New library/archive/museum exceptions were enacted in ss. 30.1–30.2, permitting these institutions to make copies for patrons for research or private study. The most permissive exception remains s. 29 fair dealing for research or private study, which is GREEN for the same reasons as the baseline: 'dealing' covers any exclusive right, applies to any user, any work, with no statutory quantity cap. The library exceptions (PURPLE) are less permissive. Classification-neutral factors not used.
Exceptions considered
Fair dealing for the purpose of research or private study does not infringe copyright. Covers any dealing with any work by any user.
Fair dealing for the purpose of criticism or review, with attribution requirements.
Fair dealing for the purpose of news reporting, with attribution requirements.
Library, archive, and museum exceptions permitting reproduction for patrons for research or private study, subject to conditions (e.g., single copy, cannot reasonably be obtained commercially).
Educational institution exceptions for performances, reproductions for tests/examinations, and related educational uses.
Original text
29 Fair dealing for the purpose of research or private study does not infringe copyright. 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work... 29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work...
Source links
Copyright Modernization Act, S.C. 2012, c. 20
Relevant update · Effective 2012-11-07
100%
Relevant section: Sections 29, 29.1, 29.2, 29.21, 29.22, 29.23, 29.24, 30.04
Dates: Effective 2012-11-07 · Enacted 2012-06-29
Why this score
The Copyright Modernization Act (Bill C-11) significantly expanded the exceptions in the Copyright Act. Most importantly for research: (1) Section 29 was broadened to add 'education, parody or satire' as additional fair dealing purposes alongside the pre-existing 'research' and 'private study.' The core research/private study fair dealing remained unchanged and continues to be GREEN. (2) New s. 29.21 created a user-generated content exception. (3) New s. 29.22 created a reproduction for private purposes exception (individual only, LIGHT BLUE). (4) New s. 29.23 created a time-shifting exception. (5) New s. 29.24 created a backup copies exception. (6) New s. 30.04 created an Internet-available works exception for educational institutions. (7) New s. 30.71 created a temporary reproductions for technological processes exception. (8) New s. 31.1 created a network services safe harbour. The most permissive exception for research remains s. 29 fair dealing for research or private study: 'dealing' covers any exclusive right, applies to any user, any work, no quantity cap. GREEN is maintained. Classification-neutral factors (non-commercial restriction in s. 29.21, proportionality in fair dealing) not used to change color.
Exceptions considered
Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. Now includes 'education' as an additional purpose. Covers any dealing with any work by any user.
Fair dealing for the purpose of criticism or review, with attribution.
Fair dealing for the purpose of news reporting, with attribution.
Non-commercial user-generated content exception. Permits individual to use existing work in creation of new work and disseminate it, for non-commercial purposes.
Reproduction for private purposes. Individual may reproduce a work from a non-infringing, legally obtained copy for private purposes. Restricted to individuals.
Educational institution Internet exception. Permits educational institutions to reproduce, communicate, and perform works available on the Internet for educational purposes, subject to conditions (no TPM, no visible prohibition notice, source attribution).
Library, archive, and museum exceptions for reproduction for patrons for research or private study.
Temporary reproductions for technological processes. Permits temporary reproductions that are an essential part of a technological process.
Original text
29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. 29.21 (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual's authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if (a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes... 29.22 (1) 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 (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy; (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 by rental; and (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... 30.04 (1) Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for educational or training purposes in respect of a work or other subject-matter that is available through the Internet: (a) reproduce it; (b) communicate it to the public by telecommunication, if that public primarily consists of students of the educational institution or other persons acting under its authority; (c) perform it in public, if that public primarily consists of students of the educational institution or other persons acting under its authority; or (d) do any other act that is necessary for the purpose of the acts referred to in paragraphs (a) to (c).
English rendering
29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. 29.21 (1) It is not an infringement of copyright for an individual to use an existing work or other subject-matter or copy of one, which has been published or otherwise made available to the public, in the creation of a new work or other subject-matter in which copyright subsists and for the individual — or, with the individual's authorization, a member of their household — to use the new work or other subject-matter or to authorize an intermediary to disseminate it, if (a) the use of, or the authorization to disseminate, the new work or other subject-matter is done solely for non-commercial purposes... 29.22 (1) 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 (a) the copy of the work or other subject-matter from which the reproduction is made is not an infringing copy; (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 by rental; and (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... 30.04 (1) Subject to subsections (2) to (5), it is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to do any of the following acts for educational or training purposes in respect of a work or other subject-matter that is available through the Internet: (a) reproduce it; (b) communicate it to the public by telecommunication...
Source links
Copyright Act, R.S.C. 1985, c. C-42 (as amended, current to 2025)
Current law confirmation · Effective 2023-04-27
100%
Relevant section: Section 29
Dates: Effective 2023-04-27
Why this score
As of 2025, the Copyright Act of Canada continues to contain the same fair dealing provision in s. 29 that was last amended in 2012. 'Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.' This remains the most permissive research-relevant exception. Analysis: (1) Uses: 'dealing' covers any exclusive right — reproduction, communication, distribution, performance, etc. (2) Works: applies to any 'work or other subject-matter' — no category of works is excluded. (3) Users: open to any person — not restricted to institutions or individuals acting privately. 'Research' and 'private study' are listed as independent purposes separated by commas; 'private' modifies 'study' only, not 'research.' This satisfies GREEN: full-work reproduction AND sharing/communication permitted, for research, by any user, for any work. No TDM-specific exception has been enacted in Canada as of 2025, but the general fair dealing for research in s. 29 would cover TDM activities to the extent they constitute fair dealing. Other exceptions remain in force: library/archive/museum exceptions (ss. 30.1–30.2, PURPLE), educational institution exceptions (ss. 29.4–30.04, PURPLE), reproduction for private purposes (s. 29.22, LIGHT BLUE), user-generated content (s. 29.21), and temporary reproductions for technological processes (s. 30.71). None of these is more permissive than s. 29. Classification-neutral factors (proportionality inherent in 'fair dealing,' non-commercial restrictions in other provisions) were not used to change the color. The last amendment to the Copyright Act was on April 27, 2023 (relating to term extension to life+70 under the CUSMA implementation), which did not affect the exceptions provisions.
Exceptions considered
Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. Covers any dealing with any work by any user.
Fair dealing for the purpose of criticism or review, with attribution.
Fair dealing for the purpose of news reporting, with attribution.
Non-commercial user-generated content exception. Individual may use existing work in creation of new work and disseminate it, non-commercial purposes only.
Reproduction for private purposes by an individual from a legally obtained, non-infringing copy.
Time-shifting exception for individuals recording broadcast programs for later private viewing/listening.
Backup copies exception. Person who owns a copy may make a backup copy.
Educational institution exceptions: performances in classroom (s. 29.5), reproductions for tests (s. 29.4), Internet-available works for educational purposes (s. 30.04), etc. Restricted to educational institutions.
Library, archive, and museum exceptions. Permits reproduction for patrons for research or private study (s. 30.2), inter-library loans (s. 30.2(2)), reproduction of unpublished works (s. 30.21), etc. Restricted to LAM institutions.
Temporary reproductions for technological processes. Not an infringement to make a temporary reproduction if it is an essential part of a technological process and has no independent economic significance.
Original text
29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.