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Alert: High Density Library Closure | November 24 - 26

Copyright

Copyright protects the form in which literary, artistic, musical and dramatic works are expressed.

In Canada, copyright exists once a work is expressed in fixed form; no special registration needs to take place. Copyright usually resides with the creator of the work. Copyright exists in most work for 50 years after the death of the creator.

The University of Calgary encourages access to works while ensuring that the rights of creators are respected in accordance with the Copyright Act. It is the responsibility of each individual to ensure compliance with copyright regulations.

For more information, contact the Copyright Office.

On July 12, the Federal Court of Canada issued its decision in the litigation between Access Copyright and York University. On July 31, York University announced their decision to appeal this ruling. Read York’s statement here.

The University of Calgary is reviewing the ruling to determine what impact it might have on the university. Read the court decision here


Reproduction for instruction

29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority

(a) to 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.

Reproduction for examinations, etc.

(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.

Where work commercially available

(3) Except in the case of manual reproduction, the exemption from copyright infringement provided by paragraph (1)(b) and subsection (2) does not apply if the work or other subject-matter is commercially available in a medium that is appropriate for the purpose referred to in that paragraph or subsection, as the case may be.

1997, c. 24, s. 18.

Performances

29.5 It is not an infringement of copyright for an educational institution or a person acting under its authority to do the following acts if they are done on the premises of an educational institution for educational or training purposes and not for profit, before an audience consisting primarily of students of the educational institution, instructors acting under the authority of the educational institution or any person who is directly responsible for setting a curriculum for the educational institution:

(a) the live performance in public, primarily by students of the educational institution, of a work;

(b) the performance in public of a sound recording or of a work or performer's performance that is embodied in a sound recording; and

(c) the performance in public of a work or other subject-matter at the time of its communication to the public by telecommunication.

1997, c. 24, s. 18.

News and commentary

29.6 (1) Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to

(a) make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of the educational institution for educational or training purposes; and

(b) perform the copy in public, at any time or times within one year after the making of a copy under paragraph (a), before an audience consisting primarily of students of the educational institution on its premises for educational or training purposes.

Royalties for reproduction and performance

(2) The educational institution must

(a) on the expiration of one year after making a copy under paragraph (1)(a), pay the royalties and comply with any terms and conditions fixed under this Act for the making of the copy or destroy the copy; and

(b) where it has paid the royalties referred to in paragraph (a), pay the royalties and comply with any terms and conditions fixed under this Act for any performance in public of the copy after the expiration of that year.

1997, c. 24, s. 18.

Reproduction of broadcast

29.7 (1) Subject to subsection (2) and section 29.9, it is not an infringement of copyright for an educational institution or a person acting under its authority to

(a) make a single copy of a work or other subject-matter at the time that it is communicated to the public by telecommunication; and

(b) keep the copy for up to thirty days to decide whether to perform the copy for educational or training purposes.

Royalties for reproduction

(2) An educational institution that has not destroyed the copy by the expiration of the thirty days infringes copyright in the work or other subject-matter unless it pays any royalties, and complies with any terms and conditions, fixed under this Act for the making of the copy.

Royalties for performance

(3) It is not an infringement of copyright for the educational institution or a person acting under its authority to perform the copy in public for educational or training purposes on the premises of the educational institution before an audience consisting primarily of students of the educational institution if the educational institution pays the royalties and complies with any terms and conditions fixed under this Act for the performance in public.

1997, c. 24, s. 18.

Unlawful reception

29.8 The exceptions to infringement of copyright provided for under sections 29.5 to 29.7 do not apply where the communication to the public by telecommunication was received by unlawful means.

1997, c. 24, s. 18.

Records and marking

29.9 (1) Where an educational institution or person acting under its authority

(a) makes a copy of a news program or a news commentary program and performs it pursuant to section 29.6, or

(b) makes a copy of a work or other subject-matter communicated to the public by telecommunication and performs it pursuant to section 29.7,

the educational institution shall keep a record of the information prescribed by regulation in relation to the making of the copy, the destruction of it or any performance in public of it for which royalties are payable under this Act and shall, in addition, mark the copy in the manner prescribed by regulation.

Regulations

(2) The Board may, with the approval of the Governor in Council, make regulations

(a) prescribing the information in relation to the making, destruction, performance and marking of copies that must be kept under subsection (1),

(b) prescribing the manner and form in which records referred to in that subsection must be kept and copies destroyed or marked, and

(c) respecting the sending of information to collective societies referred to in section 71.

1997, c. 24, s. 18.

Literary collections

30. The publication in a collection, mainly composed of non-copyright matter, intended for the use of educational institutions, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works in which copyright subsists and not themselves published for the use of educational institutions, does not infringe copyright in those published literary works if

(a) not more than two passages from works by the same author are published by the same publisher within five years;

(b) the source from which the passages are taken is acknowledged; and

(c) the name of the author, if given in the source, is mentioned.

Fair Dealing Guidelines (adapted from AUCC document dated October 9, 2012)

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. To qualify for fair dealing, two tests must be passed.

First, the “dealing” must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire or parody. Educational use of a copyright-protected work passes the first test.

The second test is that the dealing must be “fair.” In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in educational institutions.

These Fair Dealing Guidelines apply fair dealing in non-profit universities and provides reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court decisions.

Guidelines

  1. Teachers, instructors, professors and staff members in non-profit universities may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire or parody.
  2. Copying or communicating short excerpts from a copyright-protected work under this Fair Dealing Policy for the purpose of news reporting, criticism or review must mention the source and, if given in the source, the name of the author or creator of the work.
  3. A copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:
    1. as a class handout
    2. as a posting to a learning or course management system that is password protected or otherwise restricted to students of the university
  4. A short excerpt means:
    1. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)
    2. one chapter from a book
    3. a single article from a periodical
    4. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works
    5. an entire newspaper article or page
    6. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores
    7. an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work provided that in each case, no more of the work is copied than is required in order to achieve the allowable purpose.
  5. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
  6. Copying or communicating that exceeds the limits in these Fair Dealing Guidelines may be referred to a supervisor or other person designated by the university for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
  7. Any fee charged by the university for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the university, including overhead costs.
  8. All third party reading materials must be sent to the Copyright Office copyright@ucalgary.ca for review to determine if fair dealing applies or if permissions must still be sought.

Application Documents

(as adopted from AUCC, Sept 1, 2013)

Text, images, video and music are usually copyright material whether published or found on the Internet. Ensure that all material used in coursework and handouts follows the principles of the Copyright Act.

There are few educational exemptions in this Act. However, you may scan material into a PowerPoint presentation to be projected in class without requesting permission.

Electronic resources purchased by Libraries and Cultural Resources

In general, follow the relevant contract, licence or agreement. Where use is permitted, a statement of attribution should always be displayed on copies. EBook Permissions by Platform.

Other electronic resources (e.g. DVD, Internet material)

Provide a URL to the website. If printing material, contact the copyright owner for use unless noted otherwise on the material. Just because something is posted on the web does not mean it is always free to use.

Course packs involving material compiled from various sources to be sold or distributed to students

  • Bring/send copies of the original material to the Bookstore along with a completed photocopy log. Permissions will be requested by the Bookstore staff so printing may take longer than in the past.
  • Use links to digital material to avoid royalty and printing charges.
  • Use public domain and Open Access materials. Include them on the photocopy log and note that they are public domain or Open Access, so royalties will not be added.
  • Get permissions yourself. Do not include this on the photocopy log, but do include a record of permission.
  • Use your own work. Do not include this on photocopy log, but do mark the work accordingly.

Royalty-Free/Educational Use

The following links will take you to content that can be used royalty free. Check the terms of use for each resource, as some have restrictions (e.g. non-commercial, attribution) or terms may change without notice.

Books

  • Project Gutenberg — Free electronic books (Ebooks or Etexts)
  • The Online Books Page — 25,000+ free books
  • Open-Access Text Archive — Restrictions vary on materials

Educational Materials

  • Open Educational Resources — For students, teachers and self-learners
  • Creative Commons Educational Resources
  • MIT OpenCourseware

Films/Video

  • Prelinger Archives
  • Community Video
  • Creative Commons Video

Images/Photographs

  • Bigfoto
  • Flickr Creative Commons — "Some Rights Reserved"
  • Images Canada
  • Pics4Learning — Copyright-friendly images for education
  • Wikimedia Commons

Music

  • Public Domain Music — Links to sheet music, music downloads, etc.
  • Freeplay Music
  • Mutopia Project
  • Creative Commons Audio — Links to a variety of music licensed with "Some Rights Reserved"

Access the Database of Licensing Information to determine rights available from electronic resources housed in Libraries and Cultural Resources. The database will allow you to instantly determine the license information for each electronic resource.

This is an example of what you might see in the licensing database:

If you cannot find license information for a digital resource, you may fill out our web form and we will double check the status of individual publications in our copyright license database. For print materials, please contact the Copyright Office, copyright@ucalgary.ca.

In general, follow relevant contract, license or agreement and copyright law. The term of copyright in Canada is the life of the creator + remainder of calendar year of death + 50 years.

NOTE: Where use is permitted, a statement of attribution (source of image, photographer, owner of work, where appropriate, should always be displayed with the image).

Libraries and Cultural Resources digital image databases, such as ARTstor, provide access to over a million high-resolution digital images as well as presentation creation tools for teaching. To check for permissions for ARTstor images, check the licensing database.

In addition, Libraries and Cultural Resources has acquired a further 67,000+ high resolution digital images and provides access to these from our in-house Image Catalogue. These digital images are licensed for educational use and have authentication for remote access. Information on copyright permissions for these images can be found as follows: Saskia, Archivision, Hartill, Ehrentraut, Art Gallery of Ontario, Davis, Bridgeman, Harappa. A list of all licensed image databases can be found at library.ucalgary.ca/images

The slide collection of 250,000 slides is being phased out. A selection of 20th/21st century slides will be browsable in Visual and Performing Arts library, 3rd floor, TFDL (Taylor Family Digital Library). The images represented in these collections include significant objects of visual culture and architecture from around the world and from prehistoric civilization to the modern area.

Royalty free images that you may want to use are available on various sites such as Wikimedia, National Geographic, Flickr as well as those licensed from Microsoft as part of your university access.

Permitted uses:

  • Search, view, print and download images for research and private study and to link to individual images, image groups or page images with electronic bookmarking
  • Instructors may project these images ad part of their lectures at the University of Calgary
  • Instructors may include images posted to a course management system or handouts with proper credit included
  • Inclusion of print images in a paper is acceptable if that paper is not copied and distributed outside the institution

Non-permitted uses:

  • Posting to a public website
  • Publishing or distributing images in any manner for commercial uses or uses that are made widely available, without obtaining permission
  • Altering the work in any way, unless the creator has waived these moral rights

For further information, email Rowena Wake (rwake@ucalgary.ca)

A new amendment in the Copyright Act allows a movie to be shown in class, providing that it is a legally obtained copy. The work must be shown on the premises of the educational institution for education or training purposes and must be shown to an audience that is composed mainly of students of the institution.

Section 29.5: EDUCATIONAL EXCEPTIONS

The performance in public of a cinematographic work (is not an infringement of copyright), as long as the work is not an infringing copy or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy.

You may also:

  • Show a television show at the time of broadcast or through telecommunication by the Internet
  • Record a television show and review it for up to thirty days
  • Record a news program and use in a classroom
You may not:
  • Record a television show other than a news program and then show in classroom
  • Show an audiovisual work that is an illegal copy (downloaded from a pirated copy from the Web or if any technological protected measures have been disabled, etc.)

Cinematographic works that are being shown for entertainment or conference purposes will not be covered by the educational exception and may require licenses prior to viewing.

For more information, contact the Visual and Performing Arts Library or the Copyright Officer Rowena Wake.

Last Updated Aug. 1, 2012

Download a PDF of the Theses Copyright Guidelines.

In April 2012, a new model license was prepared by Access Copyright and the Association of Universities and Colleges at $26 per student. This license has not been signed by the University of Calgary. The previous Access Copyright License ceased on September 1, 2011.

Course packs sent to the University of Calgary Bookstore or Bound and Copied with a Custom Materials Copyright Photocopy Log will have all citations checked and cleared for permissions required. Please allow time for this process. Digital materials that are posted to a course management system such as Blackboard or OSLER must be a link, licensed, or in the public domain/open access. Send all digital citations to copyright@ucalgary.ca so that any permissions required may be acquired and paid for before class use.

More information on the decision to opt out of the Access Copyright Interim Tariff.

This document will guide you through obtaining permissions for material not licensed by the university, Open Access, in the public domain or your own work.

Last updated Aug. 20, 2013