If permission has been refused by the owner of the copyright, digitization and dissemination of the materials will generally not be permitted.
If the owner of the copyright has imposed specific conditions for the digitization and dissemination, these conditions must generally be followed. You may proceed with the project by following these conditions and do not need to submit a request.
 Reasonable steps may include, but are not limited to: (a) online searches; (b) contacting the collective agency administering the type of rights sought, such as Access Copyright in the case of literary material; (c) contacting a defunct publisher’s successor organization; (d) contacting the estate or successor of a deceased copyright owner; (e) contacting an archive, library, or museum that may hold further information. If the Copyright Office determines that such reasonable steps have not been undertaken, your request will be placed on hold and you will be provided with further guidance.
 Depending on the context, the published or unpublished nature of the material could affect the risk of legal liability associated with its digitization and dissemination.
 Digitization and dissemination of material for which a generally equivalent and legal alternative is available carries a higher risk of legal liability than if no such alternative is available. An example of such an alternative could be similar material that is not protected by copyright, or for which the owner is willing to grant permission.
 For example, digitization and dissemination of material created solely for the purpose of commercial entertainment will likely carry a higher risk of legal liability. In contrast, digitization and dissemination of material created for the purposes of advertising or advocacy may carry a lesser risk, depending on the context in which it is being used.
 Risk of legal liability will likely increase if the material has significant current or potential commercial value, or if the project could negatively impact the value of the material in a significant way.
 Moral rights under Canadian copyright include a creator's right to attribution for the material, as well as to the integrity of the material. Projects that may significantly impact a creator’s moral rights carry an increased risk of legal liability.
 Digitizing and disseminating the entire material, as opposed to a smaller portion if possible, will likely increase the risk of legal liability.
 A substantial public interest in, or public benefit from, the digitization and dissemination of material may imply a lower risk of legal liability. Substantial public interest or benefit may also outweigh the existence of a moderate risk of legal liability. An example of public interest or benefit could involve bringing public attention to an important issue affecting Canadian society.