Like fair dealing (Section 29), Section 30.1 of the Copyright Act, known as the “Management and maintenance of collection” exception, places certain software preservation activities by libraries, archives, and museums (LAMs) outside the scope of copyright. Section 30.1 is similar to fair dealing in that it allows LAMs to engage in software preservation activities without permission from rightsholders. Unlike fair dealing, which the Supreme Court of Canada has defined as a broad and flexible user’s right that could apply to a wide variety of uses, [see paragraphs 30-32 of Theberge and paragraph 48 of CCH) the rights granted by Section 30.1 apply to preservation activities directly and have statutorily specified eligibility requirements, limitations, and procedures. Nevertheless, it is important to understand the baseline that Section 30.1 provides to LAMs engaging in the preservation of software. Section 30.1 identifies types of lawful copying that do not require permission from rightsholders. The activities that 30.1 permits do not encompass all copying that may be necessary to preserve and maintain access to software collections, and are subject to limitation. Therefore, it is advisable to read this guide alongside SPN’s Best Practices for Fair Use in Software Preservation, the situations, principles and limitations of which are transferable into the Canadian context of fair dealing.

Preferred citation:

Slaght, Graeme. (2022, August 15). Section 30.1 and Software Collections: A Users Guide. Software Preservation Network. https://www.softwarepreservationnetwork.org/section_30/