Published on Brock University (http://brocku.ca)
This FAQ serves as a centralized source of copyright information for the Brock University community and will be updated on an ongoing basis. It is intended for information purposes only and does not constitute legal advice.
1. COPYRIGHT OVERVIEW
2. COPYRIGHT AND COPYING ON CAMPUS
3. COPYRIGHT IN THE CLASSROOM
4. COPYRIGHT IN SAKAI/WEBSITES
5. COPYRIGHT IN THE LIBRARY (RESERVES AND INTERLIBRARY LOAN)
6. COPYRIGHT AND COURSE PACKS
7. COPYRIGHT CONTACTS AND RESOURCES
Use of copyrighted materials at Brock is covered by both the Canadian Copyright Act and various agreements and licenses the University has with copyright owners and representative organizations.
The Copyright Act sets out what can and can’t be done with copyrighted materials. As of January 1, 2011, the University is operating on a short-term basis under the Access Copyright Interim Post-Secondary Educational Institution Tariff, 2011-2013 (Interim Tariff). The Interim Tariff covers some types of copying that are not permitted under the Copyright Act, including the distribution of copies to students in class. In addition, the University has special arrangements with copyright owners, e.g. through subscriptions to electronic journals, which give you additional rights to certain content.
Copyright protects literary, artistic, dramatic and musical works, as well as sound recordings, performances and communication signals. Copyright encompasses a wide range of things, ranging from books, articles, posters, manuals and graphs, CDs, DVDs, software, databases and websites. Copyright exists as soon as a work is created. The work may still be copyright-protected even in the absence of the copyright symbol ©.
The terms of protection vary for different media, but the general rule is the life of the creator, plus 50 years. After that, works are considered to be in the public domain. However, protection may still extend to arrangements, adaptations or editions. Different rules apply in various countries but generally the use of a work in Canada is governed by the Canadian rules for the duration of copyright protection.
Copyright is recognized internationally as a result of international conventions. In general, your copyright will be protected in other countries. But it is protected under that country’s laws which may differ from the copyright protection in Canada. If you’re concerned about someone’s use of your work in another country, you will need to check the particular jurisdiction’s copyright laws to confirm whether they are infringing your copyright.
In general, the copyright laws in the U.S. and Canada are different. For example, the U.S. has a provision known as "fair use" which is different from Canadian "fair dealing". The American fair use provision specifically refers to teaching, and making multiple copies for classroom use, whereas Canadian fair dealing refers to research, private study, criticism, and review. If you are from the U.S. or are collaborating with an American researcher, you should keep in mind that the rules that apply to the copyrighted material you intend to use or create may differ depending on where you want to use them.
Copyright gives the copyright owner a number of legal rights, such as the right to copy and translate a work. These rights are qualified by certain exceptions in the Copyright Act such as fair dealing, which balance the copyright owner’s interests with the public interest in allowing use of works for purposes such as education and research.
Once a work is created, it is covered by copyright. The copyright stays with the creator of the work except for when the rights are transferred to another copyright holder. It should be noted that when you are hired to create a work, the copyright typically belongs to the employer. However, works produced by university faculty for their own research and teaching do not constitute hired work.
If the work is not in the public domain, or if your use isn’t permitted by a license (e.g. a Creative Commons license or a license Brock University has with the publisher of an electronic journal or book), or under the Interim Tariff, or the Fair Dealing Policy, you will need to seek permission from the copyright owner.
This may take some time. The first step is to identify who the copyright owner is and whether there is an organization that represents the owner. There are a number of copyright collectives that can give you permission (in the form of a license) on behalf of the copyright owner.
If the copyright owner is easily identifiable and locatable, it may be easier to contact them directly. Sometimes, the owner of the work will not require payment for academic use. Usually you’ll be able to identify the owner somewhere on the work by looking for the copyright symbol ©, which should have the copyright owner’s name next to it. You’ll often find this at the beginning of a book, at the side of a photograph or at the bottom of a webpage. Once you’ve located the owner, email or write, explaining how and why you wish to reproduce the work and requesting permission. The permission should be in writing. An email will suffice. It is not advisable to rely on verbal permission. It’s also a good idea to keep a record of who gave the permission and their contact information, what was permitted, and the date.
Fair dealing is an exception in the Copyright Act that allows for the use of copyrighted material for the purpose of research, private study, criticism, review or news reporting, without permission from the copyright owner, provided that the amount of content taken from the work is ‘fair’. Whether something is 'fair' will depend on the circumstances. Limits on the amount and nature of copying permitted under fair dealing are outlined in the Fair Dealing Policy, prepared by the legal counsel for the Association of Universities and Colleges of Canada (AUCC). For additional information, see sections below on Copyright and Copying , Copyright in the Classroom, and Copyright and Sakai/Websites.
Public domain refers to works in which copyright has expired or where the copyright owner has made a clear declaration that they will not assert copyright in the work. Copyright on public domain material is created when new content (footnotes, critiques, etc.) is added to the original material. The added material is protected by copyright, but the underlying text of the original work remains in the public domain. For more information, see the section Are there copyright-free educational materials I can use?
Copyright for scholarly work always begins with the researcher. However, researchers are commonly asked to agree to a copyright transfer to the publisher when their work is accepted for publication. Each copyright transfer varies in the degree of rights given to the publisher and those rights are negotiable most of the time.
Terms relating to copyright ownership and use are set out in Article 39 of the Collective Agreement Between Brock University and the Brock University Faculty Association (BUFA).
The Brock University Faculty Handbook under “Ownership of Student-Created Intellectual Property” also expressly recognizes that students own the copyright to their theses.
Ownership can be affected by agreements with industry sponsors or joint authors, who may have an interest in the works which they have helped to create or fund. Ultimately, ownership will depend on the facts of your situation. You should contact the Office of Research Services if you are unsure about the ownership of your work.
2. COPYRIGHT AND COPYING
Most materials covered by library or other licenses, as well as materials in the public domain, can be photocopied. For assistance, please follow up with the appropriate contact.
Fair dealing allows for the making of a single copy for the purposes of research, private study, review, criticism or news reporting without securing the consent of the owner of copyright. See the Fair Dealing Policy for details.
The Access Copyright Interim Post-Secondary Educational Institution Tariff, 2011-2013 allows instructors, students and staff to photocopy published works in print format (books, journal articles, etc.), subject to a number of limitations. Note that musical works are excluded from Access Copyright's definition of "published works". For a complete list of what can be photocopied, see section 2 of the Interim Tariff. For a list of items not covered by the Interim Tariff, see section 3. The Interim Tariff covers photocopying on campus for educational purposes, regardless of location.
If you are relying on fair dealing, there are limits on the amount of copying that may be done. See the Fair Dealing Policy for details. For example, you may make a single copy of a periodical article "protected by copyright for the purposes of research, private study, review, criticism or news reporting."
If the work is in the public domain, you may copy it.
If you are relying on the Interim Tariff, there are limits to the proportion of a work that may be photocopied. For example, you may photocopy an entire newspaper article, short story, play, poem, essay, or article or an entire book chapter (provided it is less than 20% of the book).
Please note that not all works are covered by the Interim Tariff. There is a lengthy exclusions list for copyright owners who have opted out of the Access Copyright licensing scheme, which you should check before copying someone else’s work.
The Interim Tariff Brock University is operating under only covers copying from print to print. It does not cover scanning. Accordingly, if you want to scan something and use it in your research, teaching or study without the permission of the copyright holder, you may only do so if permitted under the Fair Dealing Policy.
3. COPYRIGHT IN THE CLASSROOM
You may include copyrighted material in your classroom presentations without having to get permission. Under the educational exception in the Copyright Act, you may make copies of works to display on the University's premises for educational purposes, provided there is no commercially available version of the work in a medium that is appropriate for the purpose. However, if you want to project copyrighted works in a PowerPoint presentation outside of the University or post the presentation online, this falls outside the "display on campus" requirement, and you must have permission from the copyright owner.
The Interim Tariff permits you to make a photocopy of a print article for each student, provided you’re not doing so on a systematic basis and are not assembling multiple articles into a compilation. A course pack should be created if you want to provide articles to students on a regular basis (e.g. every year that you teach the course). That way you can ensure that the copyright owners can be appropriately compensated for their work. Also see Copyright and course packs.
The Copyright Act allows you to play a recording or live radio broadcast in class as long as it is for educational purposes, not for profit, before an audience consisting primarily of students. However, if you want to use music for non-educational purposes, for example, for background music at a conference or in an athletic facility, a license must be obtained from the copyright collective SOCAN.
It depends. You may play films in class in the following circumstances:
Typically, yes. The Fair Dealing Policy allows students to use works for research, private study, criticism, review or news reporting. So, provided the student is including the work for one of these purposes, and acknowledges the author and source of the material, and the use could be characterized as fair, (bearing in mind the fair dealing factors outlined above), it will likely be covered by the fair dealing exception.
Yes. There is a wealth of material which is either in the public domain or available under Creative Commons licensing, which generally means the work is available for free, subject to certain limited conditions, such as non-commercial use only and acknowledgment of the author. All Creative Commons licensed works can be used in teaching. Suggestions include:
For public domain material, you can also search online by typing the phrase "public domain" and the kind of material you’re interested in.
The fact that Sakai is password protected does not mean you may post anything you want on it. Even password protected websites may be considered public communication because the communication is not "private", it is just limited to a specific segment of the public. Therefore, you can either: obtain the copyright owner’s consent or provide a persistent link to the item.
Providing a persistent link to journal articles is the best practice. For more information on how to prepare a persistent link, visit http://brocku.ca/node/11627 or email email@example.com for assistance. If you are the copyright owner, you are welcome to share articles you have authored. Otherwise you must have permission to scan the article from the copyright owner. The Interim Tariff covers print materials only and digitizing an entire article would likely not be permitted under the Fair Dealing Policy.
Posting a PowerPoint online is permitted if you are the copyright owner or have the copyright owner’s permission to include their material. You may also link to e-journals and e-books licensed by the Library or available under a Creative Commons license in your PowerPoint presentation.
Emailing copyrighted materials to your students may be covered by fair dealing, an exception in the Copyright Act or a University license. However, a good and risk-free alternative is to create a persistent link to the work.
If you are the copyright owner, you are welcome to share articles you have authored.
Only if the student’s permission is obtained. In the Brock University Faculty Handbook under “Ownership of Student-Created Intellectual Property”, it states that students own the copyright for the works they create. The University does have the right to make copies of the work for academic purposes, but this right does not extend to making it available online. Accordingly, you should ask students in advance whether they consent to have their work posted online and keep written records of the permissions given.
5. COPYRIGHT IN THE LIBRARY (RESERVES AND INTERLIBRARY LOAN)
Yes. Linking to full-text resources is the best practice.
Because a publisher's link to a resource can change from day-to-day, a persistent link will ensure that students get to the right electronic source quickly, from both on and off campus.
Many publishers create a persistent link to content. For those that don't, you are free to create a direct link yourself, although there are good reasons to have the Library do it for you. It will save you time. Library staff will send you the persistent link, which you may incorporate into Sakai. They will also ensure that authentication is taken care of so that your students can access the resources through the reserve readings list for the class in the Library's catalogue.
This process generally takes about two weeks.
Print reserves may include multiple copies of articles provided that:
Excerpts or book chapters
Reserves may also include multiple copies of excerpts provided that:
If the use does not fall under the Interim Tariff, you will need to obtain permission. Library Reserves does not obtain permissions for paper materials. Instructors must be able to show Reserves staff that permission has been obtained in these cases before these materials may be placed on reserve.
Please note that the full citation of the work, i.e. author/s, title, and publication information must be included when submitting material for reserve.
Paper reserves generally take about two weeks to process.
For a small royalty, the Interim Tariff allows an entire photocopied book to be placed on reserve provided that Access Copyright has confirmed that the work is out-of-print. Contact Access Copyright or the copyright owner.
Yes, as long as the sound recording is in the form in which it was purchased. Copying is allowed only by permission of the copyright owner. Please note the University Library subscribes to databases to thousands of recordings that can be listened to over the internet.
The Library has articles electronically transmitted to it from other libraries, and the current practice is that the Library then provides you with a paper copy. A “Print from web” solution is currently under investigation.
Contact the Campus Store to inquire about course packs.The Campus Store is responsible for obtaining copyright permissions for coursepacks, under the Interim Tariff. In some cases, the material will not be included in Access Copyright’s repertoire, in which case the Campus Store will obtain permission for you, in order to arrange compensation for the copyright owner.
Alternatively, many articles may be covered by the Library's electronic journal subscriptions, which may allow you to avoid additional costs by providing persistent links to articles (or online books) instead of including the material in a course pack.
For more information, call the Campus Store at extension 3236 or email firstname.lastname@example.org.
Currently Access Copyright charges a set fee of $0.10/page for material used in printed course packages. Access Copyright collects this money at the end of every term from the Campus Store and distributes it to the copyright holders.
The University has a range of contacts that can help you depending on what your question is.
Dr. Barry Joe, Director
Tel: 905-688-5550, x 3314
Library Subscriptions (License Information)
Elaine Jaeger, Reserve Supervisor
Tel. 905-688-5550, x 3963
Films and Music
Anne Adams, Music, Audio-Visual Specialist
Tel: 905-688-5550, x 4152
Course Packs: Campus Store
Trudy Lockyer, Director, Campus Store
Tel: 905-688-5550, x 3236
Maureen Murphy, Legal Advisor, Contracts and Agreements
Tel: 905-688-5550, x 4724
There are many websites with abundant information about copyright. Some useful resources include:
Canadian Intellectual Property Office –
Canadian Association of Research Libraries – Copyright Project -
Creative Commons - http://creativecommons.org/
Access Copyright - http://www.accesscopyright.ca/
Canadian Copyright Board’s list of copyright collective societies -
World Intellectual Property Organization - http://www.wipo.int/portal/index.html.en
This webpage is adapted from The University of Waterloo's Copyright FAQ with permission.