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
Important Information for Instructors
December 2018 – Information from the Provost’s Office
The University of Calgary works to raise awareness of the Copyright Act and its regulations, fulfill our legal obligations set out in the Act and protect the intellectual property that we both use and create on campus. As an institution that manages its own copyright compliance and does not operate under a collective copyright licensing agreement, it is imperative that our community is compliant in all areas of copyright.
In addition to the Access Copyright v York University lawsuit currently under appeal, the Government of Canada is currently reviewing the Copyright Act. The review process has included opportunities for stakeholders to engage with the government and provide feedback. UCalgary participated in the process by providing testimony in Ottawa and submitting a written brief to ensure that educational access to materials for teaching, learning and research reflects the needs of our community. The Copyright Committee will continue to monitor national copyright activities and share relevant information as it becomes available.
We remain committed to maintaining a balance between creator and user rights, and the application of fair dealing in the materials used in our teaching and research. Students, faculty and staff must adhere to the University of Calgary’s policy on Acceptable Use of Material Protected by Copyright and are encouraged to submit their materials for review.
What does this mean for me?
All third party materials, with the exception of purchased texts, must be reviewed by the Copyright Office staff before they can be used in teaching. This includes materials sourced from the Library, Internet or elsewhere that you intend to post to D2L or distribute to your students. The Copyright Office can help you ensure that the educational exceptions are appropriately applied and will arrange for copyright permissions, as needed. Copyright automatically applies to all original works, regardless of whether they are electronic, sourced from the Internet or in print format.
What do I need to do?
Send your course materials to email@example.com or contact the Copyright Office for assistance if the materials have already been posted to D2L. The Copyright Office will review and provide copyright clearance for your materials – a process that is usually completed within a few days.
Materials must be reviewed each semester they are used. Permissions need to be renewed and licensing agreements and links may have changed in the interim. Do not assume that previously used materials are still cleared for use.
If you intend to use the same materials in your Winter 2019 course as in a previous semester, you only need to inform the Copyright Office that you are doing so. The Copyright Office has maintained a record of all materials cleared between Fall 2012 and Fall 2018.
If you have a Teaching Assistant aiding with your selection and/or development of course materials, please share this information with them. It is important that they are aware of these obligations and the Copyright Office services.
Why do I need to do this?
It is important that we are compliant in all areas of copyright, in accordance with the Copyright Act and related decisions of the Supreme Court of Canada. The Copyright Office aims to mitigate risk to the university and our campus community by continuing to provide timely, copyright-compliant, access to required material. We need all members of the University of Calgary to work collectively towards this goal to meet our obligations in the use of third party materials.
On behalf of the Copyright Committee and the University of Calgary, thank you for your continued support in our efforts to ensure best practices in copyright compliance and your timely attention to this request.
Individual questions and concerns can be directed to firstname.lastname@example.org