(Revised July 9, 2013)
Use of copyright materials at the University of Calgary is covered by both the Canadian Copyright Act and various agreements and licenses entered into by the University with copyright owners and representative organizations. In addition to this, the University has special agreements such as subscriptions to electronic journals or e-books.
Information on this site is not meant to be legal advice but only a guide to common questions asked about copyright.
1. Introductory Information
2. Frequently Asked Questions
How long does copyright last?
In Canada, the basic coverage is 50 years after the death of the creator. After that the work goes into the public domain and may be freely used. Copyright does not need to be registered nor does the work have to show a c in a circle.
What does copyright cover?
Copyright protects all works that are in fixed form – literary, artistic, dramatic and musical works as well as sound recordings, performances and communication signals – including the Internet. One may not copyright an idea only the expression of the idea.
What rights does a copyright owner have?
What is fair dealing and how does it relate to copyright?
Fair dealing in an exception under the Copyright Act that allows you to use copyright material for the purpose of research, private study, criticism, review, education, parody and satire and news reporting provided that what you do with the work is fair. The Supreme Court has provided a ruling that states that one must consider the following factors:
FAIR DEALING should not be confused with the doctrine of FAIR USE that is available in the United States. Fair use provides more educational exceptions than does the Fair Dealing clause (Section 29) in the Canadian Copyright Act. The Copyright Act does not provide a specific amount of work that can be considered to be fair dealing. One must apply the factors as above.
What are the rules for photocopying on campus?
If my course materials have been cleared by the Copyright Office for a previous semester, is it necessary to re-submit them if I intend to use them again?
Course materials should be reviewed each semester in which they are used. Publishers rarely grant perpetual rights, requiring that permissions be renewed if material is used in subsequent courses or semesters. Permissions are typically based on how the material will be disseminated (i.e. posted to D2L, handed out to students, or included in a print course pack) and by the number of students enrolled in the course. It is also important to note that licensing agreements for the material can change. The Copyright Office will review course materials to ensure that persistent links to library–held electronic items still work and make arrangements if any of these materials are no longer available.
How does copyright apply to producing course material?
What is Ares?
Ares is a software program that will track and manage permissions for all readings required for any particular course. It will accept readings from the instructor and all will be reviewed, cleared if necessary, routed to the correct unit (Reserve, Course Pack Readings, Blackboard). It will work seamlessly with Blackboard course management system and so can become a one stop shop for all readings. Once the database is up and running and populated with readings, copyright review and clearance will be a quick and efficient way to manage all your readings. Ares is currently “under construction” and will be rolled out to faculty and staff before the end of fall term. For now, send all your readings to email@example.com and they will be reviewed there and you will be notified as readings are cleared for copyright compliance.
What records are required for copying with Access Copyright?
Why did the University of Calgary not sign the Access Copyright (AC) Model License?
Who pays for permissions owing to the copyright owner or other source which are requested by the Copyright Office?
The Provost has provided funding through Libraries and Cultural Resources to fund royalties payable for digital works. Print course packs through the Bookstore or Bound and Copied will have royalties added to the sale price of the course pack.
Can I include an e-journal article in my course pack or course website?
Some e-journal subscriptions permit the copying of articles for inclusion in course packs. When possible, provide the student with a link to the article so they can access it and print off their own copy. If you would still like to include a pdf of an e-journal article, you can check with the Copyright Office or you can check for license information at http://library.ucalgary.ca/linker to see what uses are allowed by the journal you are using. If you submit all your readings to the Copyright Office, all of them will be checked at one time and information provided to you as to status of each reading.
Can I download and print an article from an e-journal for my own use?
Can I use my own journal articles on my website and/or coursepacks?
You may as long as you own the copyright for the material. Please note that you often sign away your copyright to the publisher – this is something you can negotiate in future contracts. Check what your current contract allows you to do. It is often possible to link to material on other sites or on an institutional repository.
Can I upload Internet materials on to my course management system?
There is an new exception in the Copyright Act which allows one to reproduce and use material found on the Internet for educational purposes as long as the copy you wish to use is a legal copy and that there is no technological protection measure nor any explicit prohibition against using the material for educational purposes. You should credit the original source. One should always consider posting a hyperlink to the content as an alternative.
Can I post links to on-line readings on a course management system?
Can I include charts or cartoons in my course material?
With the new amendment to the Copyright Act, Bill C-11, one is allowed to use a work within a new work and disseminate that work. Proper credit should be provided. However, there must be no commercial use of third party materials.
Can I print out my PowerPoint presentation or post it to my course management system if it contains copyright material?
Although there is an exception for educational institutions to reproduce an image to project in class, this exception does not extend to posting the material to a course management site. However, most academic uses would likely be covered by fair dealing (see information on fair dealing above). One should provide the original source when using a chart, figure, illustration, or image from another source.
Are there any other educational exceptions that I can use in my teaching?
There are some educational exemptions in Canada. They are:
What about library services that provide copies such as interlibrary loan?
The Supreme Court of Canada was very clear in the CCH Canadian Ltd. v. Law Society of Upper Canada Judgment (2004) that libraries can act on behalf of their users for fair dealing for research and private study. Any copies made would have to meet the fair dealing criteria outlined on the Copyright Office website: www.library.ucalgary.ca/copyright
Am I allowed to publicly perform a video in class?
Bill C-11 amendments allow you to show a movie in class as long as it is a legally acquired copy. If you own a movie in your personal collection that has been legally acquired, you will be able to show it in a educational setting.
How do I get permission to “stream” a video to my class or to post material digitally to password-protected courseware?
Some streaming rights have already been obtained, For others, you usually have to contact the distributor of the film - obtaining permission can sometimes be costly. Contact VPArts@ucalgary.ca for further information.
Can I access and show a website live during a presentation?
What about procedures to follow when using third party materials in a thesis?
New guidelines have been established and are posted on the copyright webpages www.library.ucalgary.ca/copyright
I have more questions and require further assistance. Where can I go for help?
A special email has been set up to deal with all copyright questions: firstname.lastname@example.org. Someone will respond to your queries within 24 hours.