Copyright Guide

FAQ

What is copyright? What does it do?
In Canada, copyright is governed by the Copyright Act (R.S.C. 1985, c. C-42) which regulates the use and reproduction of intellectual and artistic creations.  Copyright protects works from being copied, performed or distributed without the permission of the copyright holder, usually the author or the creator of the work, and provides exceptions for special circumstances.

What is "Public Domain?"
Works in the public domain are no longer protected by copyright.  Generally, the work by a creator who has been deceased for 50 years or more goes in to the public domain. These works can be used freely by anyone for any purpose without paying royalties or getting permission to do so.

What is "Creative Commons?"
Creative Commons is a form of licensing that bridges the gap between "all rights reserved" copyright and the public domain. For more information see Creative Commons wiki: http://wiki.creativecommons.org/Main_Page.

What is "Open Access?"
Open Access is a growing movement in the scholarly community.  As a publishing initiative, it provides free availability of scholarly publications, including peer-reviewed material.  An excellent overview of Open Access is available from the MSVU Open Access Guide: http://libguides.msvu.ca/content.php?pid=92115&sid=686199.

What is "Fair Dealing?"
The Canadian Copyright Act defines fair dealing as the rights of an individual to use material with attribution for the purpose of research, private study, criticism, review or news reporting.

See the University's Fair Dealing policy and the CAUT Copyright Guidelines

What is the purpose of the University’s Fair Dealing policy?
The purpose of the policy is to identify specific “user rights” for instructors, staff, and students, to ensure that the University community is using copyrighted works within the framework established by the Copyright Act.

Does the fair dealing policy permit the making of multiple copies to hand out to students?
No. The Copyright Board of Canada and the Federal Court of Appeal have held that the making of multiple copies to hand out to students for the purpose of education is not fair dealing.  You must first obtain permissions from the copyright owner to make multiple copies of copyrighted material for distribution to students.

How can I provide required readings to my class?
The Copyright Board of Canada and the Federal Court of Appeal have held that it is an infringement for instructors to make multiple copies for a class. For required readings, instructors should use Kinkos to make licensed Course Packs for class distribution. The Academic Administration Office supports the production of Course Packs for distribution to students.

Can I place a required book or journal on library reserve?  
Yes.

Can I place copies of readings on library reserve?
Yes, but only if at least one of the following applies to the copies:
1) they are to be used as optional or supplementary readings and not required readings; or
2) you have obtained permission and made arrangements with the rights holder of a required reading to place a copy on reserve for your class; or
3) the work you would like to make copies of are in the public domain; or
4) the original book / journal which contains the required readings for your students is placed on reserve.  Students are legally able to make copies for their own use from the original source as long as they follow the fair dealing copying guidelines. 

Can I obtain my own permissions?
Yes.   A sample permission request letter is available at http://www.ecuad.ca/copyright.

What are some other options for readings?
Faculty and instructors are encouraged to explore alternate sources for providing readings, in addition to fair dealing. The following are some additional options:

  • Create online reading lists which incorporate web links or links to online articles and e-books licensed by Emily Carr University.
  • Use reading materials in the public domain.
  • Incorporate readings licensed through a Creative Commons license.
  • Seek permission directly from the rights holder.
  • Pay for a transactional license from Access Copyright (http://www.accesscopyright.ca/1484) or from the Copyright Clearance Center (http://www.copyright.com/content/cc3/en/toolbar/getPermission.html) for a specific use.


Can I upload a PDF of a journal article or other copyright-protected work to Moodle, or a Blog, or other Site?  
Yes, you can do this for supplemental (not required) readings following the Fair Dealing Policy, or in instances where you have permission, or in instances where you have confirmed that the source in question grants you the rights to do so. Note: when permission has been obtained to directly upload a document or PDF, the content must be posted in a password-protected environment that is only accessible to students registered in your course.

Can I provide my students with a link to an electronic journal article or e-book? 
Yes.  This is the recommended way to provide access to online resources and licensed content.

Can a copy be made where it is prohibited by the Fair Dealing Policy, but is expressly permitted under an agreement with the publisher or rights holder?
Yes. However, the reverse is not true. If a copy can be made under the fair dealing policy, but is prohibited under an agreement with the publisher, the provisions of the agreement apply and making the copy is prohibited.

Can I scan an item and project it onto a screen in class, including copyrighted material such as images?
Yes, this is allowed under the exceptions for educational institutions in the Copyright Act:

Reproduction for instruction
29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority to:
(a) make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface intended for displaying handwritten material, or
(b) to make a copy of a work to be used to project an image of that copy using an overhead projector or similar device for the purposes of education or training on the premises of an educational institution.

Can I screen DVDs and videos in class?
You can show films and videos which are either covered under a site license or purchased with public performance rights. Whenever possible, the University Library purchases materials with public performance rights.  The Library also has educational site licenses for the use of films and videos: Audio-Cine Films Inc., Criterion Pictures, and the National Film Board of Canada.  Films and videos in the Library collection are clearly marked to indicate the usage rights for classroom and/or home use.

Can I show a YouTube video in class?
Yes. You may link to a YouTube video for classroom viewing, as this practice does not constitute making a copy. However, downloading a copy of a video for posting or distribution would be making a copy and would require permission. It is the faculty member's responsibility to ensure the legitimacy of YouTube videos before showing them in the classroom.  YouTube videos and videos from other video sharing sites may contain content not uploaded by the copyright owner and use of these videos endorses copyright infringement, therefore, search for official versions of videos uploaded by the content creator.

Can I copy portions of materials for the purpose of creating tests and examinations?
Yes, this is allowed under the exceptions for educational institutions in the Copyright Act:

Reproduction for examinations, etc.
29.4 (2) It is not an infringement of copyright for an educational institution or a person acting under its authority to:
(a) reproduce, translate or perform in public on the premises of the educational institution, or
(b) communicate by telecommunication to the public situated on the premises of the educational institution a work or other subject-matter as required for a test or examination.

Can I e-mail copies of articles or digital files downloaded from a database like JSTOR, etc.?
No. The recommended practice is always to use a link to the article if it is available online. In most cases, journal articles, e-books, and licensed content in our online databases can also be linked to directly, either in an e-mail, in Moodle, etc.

Can I print materials from the Internet to hand out to my students in class?
No. Internet materials are copyrighted and not in the public domain unless you have obtained permission from the copyright holder or they have given permission for that use (ex. Creative Commons license). Check the website for any restrictions.  An alternative to printing for your class is to post a link in an e-mail, in Moodle, or a Blog, for your students to access.

Can I make copies of all or part of a book that is no longer in print?
Yes, however, due diligence in obtaining permission from the publisher or rights holder would need to be undertaken first.

 

See also: