Copyright and Donor Restrictions

The BC Archives does not hold copyright for all of the records in its holdings. In the case of some records, a third party may hold copyright, or there may be a donor restriction on the use of the item. Under Canadian copyright law, the BC Archives cannot release copies of these records or images without written permission from the copyright holder and/or the donor. You are responsible for securing all such permissions.

Copyright Considerations
In 1997 Parliament enacted amendments to the Copyright Act. Various sections of this new law came into effect between 1997 and 1999. The rules governing the copying of archival records are:

1. Works protected by copyright may be copied only if authorized by the Copyright Act for the purpose of fair dealing or under specific exemptions set out in that act; the copyright owner; or a license agreement between the BC Archives and a collective society or a tariff, if any.

2. The Copyright Act provides for civil and criminal remedies for infringement of copyright.

3. The BC Archives must affix a notice of copyright to all material copied for clients. This notice reads:

NOTICE OF COPYRIGHT
This copy is to be used solely for the purpose of research or private study; and any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question.