Copyright on Campus

Note: TWU is operating under an interim agreement with Access Copyright, so the information below is current.

Copyright Flow Chart

The flowchart below illustrates the process for determining what is permissible under our Access Copyright licence. Key terms on the chart are linked to sites with fuller explanations.

Flowchart graphics by Duncan Dixon based on information in the AUCC/CARL document Copying Right.

Public Domain

Public domain works are those on which copyright has expired or which the creator or copyright ower has chosen to release as public domain.

According to the Copyright Act C-42:

6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.

For example, Robert Service died September 11, 1958, so copyright on his works expired in Canada on December 31, 2008. There are a number of exceptions, however. See this page created by the Canadian Intellectual Property Office for more information.

Fair Dealing

29. Fair dealing for the purpose of research or private study does not infringe copyright.

Criticism or review
29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:

(a) the source; and
(b) if given in the source, the name of the

(i) author, in the case of a work,
(ii) performer, in the case of a performer’s performance,
(iii) maker, in the case of a sound recording, or
(iv) broadcaster, in the case of a communication signal. (Copyright Act C-42)

See also Canadian Heritage's page -- Fair Dealing after CCH, which discusses fair dealing in light of recent Supreme Court decisions.

Further information:

• Access Copyright
• Canadian Copyright Act (C-42)
• Canadian Heritage -- Fair Dealing after CCH
• Canadian Library Association copyright site
• Compleat World Copyright Website (CWCW)
• A Guide to Copyrights (Canadian Intellectual Property Office)

For further assistance contact:

• Duncan Dixon (general copyright questions) Phone: 3923; E-mail duncan.dixon@twu.ca
• Abraham Brake (Reserve Collection questions) Phone: 3920; E-mail abraham.brake@twu.ca

Copyright/Copying Etiquette

General Guidelines

1. Virtually any materials you use are protected. The copying of print materials that have been published is governed by the Copyright Act and our Access Copyright licence. The copying of print materials that have never been published is entirely under the jurisdiction of the copyright holder. No portion of such unpublished materials may be copied at all without permission.
2. Be sure you have the authorization required to copy legally before pressing the print button on the photocopier. While you or the University may own the physical item, the copyright holder owns the copyright. The legal (not to mention courteous) course of action is to secure permission to copy in advance.
3. Please do not ask faculty secretaries, teaching assistants or other University employees to copy on your behalf beyond the limits specified in our licence.

Reserve Collection/class distribution

1. Each photocopy distributed in class or submitted for inclusion in the library Reserve Collection must contain a complete bibliographic citation. The following instructions apply to photocopies submitted to the Library for the Reserve Collection:

• Books. For essays, chapters, plays, poems, items of print music, etc. from books: attach to each photocopy a copy of the title page and back of title page (or other page that contains date and copyright information).

• Journal Articles. For articles from magazines, journals, etc.: attach to each photocopy a copy of the cover and/or masthead (page containing information such as title of journal, date, volume/issue number, and, including the identity of the publisher).

2. Provide only good quality copies to the Reserve Collection, i.e., don’t cut off tops or bottoms of the page, include all footnotes and endnotes, etc.; suggestion: if the page is too big for the paper, set the photocopier to copy at 95% or 90%. Library users are unnecessarily frustrated by poor or incomplete photocopies.

3. Submit photocopies for copyright evaluation as early as possible. Copies that exceed the limits specified in our licence may be delayed in getting to the Reserve Collection while we apply for additional permission to photocopy.

e-Reserves

Some databases allow us to post an electronic copy (PDF) of an article on a password protected site such as MyCourses. See this page for information about specific databases.

Based on the document Copying Right repared by the Association of Universities and Colleges of Canada (AUCC) and Access Copyright (formerly CANCOPY); adapted from the original by AUCC and CARL (the Canadian Association of Research Libraries)

August 1997 (rev. 2000/08)

Copyright on campus

Every day across Canada, university professors, staff and students make thousands of photocopies. Books, journal articles, speeches, sections from plays they're all being copied. The copies help students learn, assist professors in their teaching and research, and facilitate the smooth running of the university.

But is that copy you're making legal? The answer lies in the Copyright Act and in the licence your university has signed with the copyright collective called Access Copyright.

This information will help guide you through the law and the Access Copyright licence so that you can be sure you are copying right.

What does Canada's copyright law mean to universities?

There are a few things you should know about Canada's copyright law:

• Ignorance of copyright law will not protect you against charges of copyright infringement, the consequences of which can be serious, with civil or even criminal prosecution possible.

• Most creations, including such diverse items as inter-office memos, books, computer programs, databases, sculptures, songs, films, even a drawing scribbled on the back of an envelope are subject to copyright. That means the right to copy, including the right to photocopy, belongs to the creator. Users wanting to make copies of the work must get permission from the copyright owner. Moreover, copyright law is international. If a work is protected in any one of over 100 countries, it's protected by copyright here.

There are, however, some situations when permission to photocopy is unnecessary.

• Copyright protection in Canada for published works generally lasts for 50 years following the death of the creator. After that, most published works are in the public domain and can be copied freely.
  
  
• Some of the photocopying done by universities can be covered by a concept in copyright law known as fair dealing. No permission is needed for copying done as fair dealing for the purposes of private study, research, criticism, review, or newspaper summary. Fair dealing applies to photocopying as well as other methods of reproduction - including the making of slides, microfiche, or transparencies as well as to faxes and other methods of electronic transmission. However, fair dealing isn't defined in the current law and knowing just what you may do isn't easy. (For assistance, contact Duncan Dixon [local 3923; email].

What if I need to copy more than fair dealing allows?

In the past, when students, faculty and staff wanted to make copies that didn't fall under fair dealing, they were required to contact individual copyright holders and obtain permission. That process was often onerous and time-consuming. Many individuals didn't even know where to start.

Thanks to the licence your university signed with Access Copyright much of the guesswork has been taken out of the process. With the Access Copyright licence and fair dealing, you should be able to copy the materials you need in the course of your day-to-day activities.

What is Access Copyright?

Access Copyright, is a not-for-profit organization established by the Canadian writing and publishing community to administer photocopying rights and other reproduction rights on a collective basis. Access Copyright gives authorization to use copyright materials by issuing licenses, collecting royalties for the copying, and distributing money back to the writer, artist, or publisher. Rather than having to request permission each time a copy is made, frequent users of copyright material can sign "comprehensive licenses" that allow copying (within limits) of a broad range of material without seeking permission.

What is the Access Copyright licence?

The licence your university has signed with Access Copyright allows professors, students, and staff at your institution to make the copies necessary for teaching, studying, and administration. For example:

• Professors may make multiple copies of a periodical article, enough for every student in the class. They can also make slides and transparencies.
  
  
• Librarians may make multiple copies of a work to put into the Reserve Collection.
  
  
• Copies may be made for administrative purposes.
  
  
• Multiple copies may be produced by the university bookstore for inclusion in student course packs.
  
  
• The licence may even be used to clear copyright for copying onto microfiche and into alternate formats for the visually impaired, although special provisions apply.

In return for authorized copying, your university, on behalf of students, faculty and staff, pays an annual fee to Access Copyright to cover royalties for copyright holders. No record-keeping is required, as long as the copies are not sold.

However, when photocopied material is sold (for example, when the bookstore or university print shop produces course packs and sells them to students), records must be kept. Access Copyright will be paid a pre-set amount--currently 4.5 cents for most works*--for each page copied in order to cover royalty payment to the copyright holder. This amount will likely be included in the price of the course pack when it is sold to students.

Remember: When made for sale, all copies must bear the following copyright credit to show they were produced under licence: ©; publisher name; and (where known) artist, illustrator or author name(s). They must also prominently display this notice: This material has been copied under licence from Access Copyright. Resale or further copying of this material is strictly prohibited.

*In the case of newspapers it is 2.25 cents, while for out-of-print works the tariff per pate 9s 4.5 cents to a maximum of $7.70.

What's not covered?

Some categories of works are not covered by your Access Copyright licence. Permission to copy these types of works must be requested directly from the copyright holder unless the work is in the public domain or the copying in question falls under fair dealing. Among the categories of works not covered by the licence are:

• works in which © has expired
  
• works in which the University has ©
  
• any copying covered by fair dealing
  
• unpublished works
  
• government publications
  
• originals of artistic works
  
• photographic negatives
  
• workbooks, tests and other "consumables"
  
• instruction manuals, including teachers' guides
  
• newsletters restricted to fee-paying clients
  
• print music for use by choirs, bands, etc.
  
• letters to the editors and advertisements
  
• business cases available for purchase

In addition, a few authors and publishers have specifically excluded some or all of their works from coverage under the licence. There is a short list called an "exclusions list", attached to the licence and available through your university's administration, which sets out these excluded items. If you want to copy, do a quick check of this list to be sure the licence covers the work involved. In most cases, it will, but if not, you need to get permission from the copyright holder directly or through Access Copyright.

What are the copying limits of the Access Copyright licence?

Because the purpose of the licence is to provide access to published works, not to replace their purchase, there are limits to the amount of a work that can be copied.

The general rule is: you can copy up to 10 or 15 per cent of a work (depending on whether the copies are for personal use or are to be sold), or the whole of a chapter, short story, poem, journal article, or newspaper article, whichever is greater.

In the case of textbooks which are copied for inclusion in course packs, there are further restrictions on copying. For details on the restrictions that apply, consult your licence.

Be aware that repeated, systematic and cumulative copying from the same published work--copying that would eventually result in more than the permitted maximum of that work being copied--is not permitted by the licence.

Helpful Reminders

Check your dates. Generally, in Canada if 50 years have passed since the year in which the creator died, the work is in the public domain and can be copied freely. Note that materials in the public domain may still copyright material, e.g., if an editor has added an introduction, notes, or commentary. In such cases, the material in the public domain may be copied freely, the editorial material may not.

Remember, every edition, translation, or adaptation of a work has its own copyright. For example, a translation of a work by Balzac would enter the public domain in Canada 50 years after the death of the translator.

It's not permissible to copy letters to the editor or newspaper advertisements without permission. The individual who wrote the letter or prepared the advertisement holds the copyright, not the newspaper.

It's not permissible to change a copyrighted work in any way while copying -- by combining two separate texts, for example, or by editing or changing the phrasing. Creators retain the moral rights to the integrity of their own work, which prohibits changes.

With regard to government publications, anyone can copy federal laws and judicial decisions without charge, and without asking permission, provided the copy is accurate and it is not represented as an official version. "Permission to reproduce Government of Canada works, in part or in whole, and by any means, for personal or public non-commercial purposes, or for cost-recovery purposes, is not required, unless otherwise specified in the material you wish to reproduce" (GoC).This also applies to statutes, regulations and judicial decisions of the Province of Ontario. At this time, copying other provincial or territorial laws or judicial decisions requires the permission of the appropriate government. If you have any doubt, contact the government publisher and ask for permission. You may seek permission to use or reproduce works of the Province of British Columbia through this form.

Copyright and the Internet

Much of the material on the Internet is protected by copyright. This includes postings to news groups, e-mail messages, images, photographs, music, video clips and computer software. The general rule is that you must get permission from the owner (usually the person or organization that created the material) to use text, graphics, images, sound and video that have been created by others, outside of what is permitted under Fair Dealing. There are some things that are not usually protected by copyright, for example, facts, information, titles, ideas, plots, and short word combinations; neither are works in the public domain. The licence that TWU has with Access Copyright does not cover works in electronic form.

The use of copyright materials from the Internet is an area of law that is currently under study in Canada and around the world, and possible changes to the law are under active consideration. The universities and research libraries of Canada are active participants in these discussions.

Licensed e-journals and databases

TWU Library has purchased licence agreements with many publishers of electronic journals and other information that permit limited downloading and printing from these licensed resources. Each resource is governed by the terms of a specific licence. Contact a reference librarian for details.

* See the licence for full details.

Materials for Library Reserve shelf (contact Abraham Brake -- abraham.brake@twu.ca [local 3920]).

General copyright questions (contact Duncan Dixon, -- duncan.dixon@twu.ca [local 3923]).

Course Pack Information

Before creating a course pack, check to see if the library already has access to the material through an electronic database. Contact a reference librarian for help if you're not sure. If there is electronic access, see this page for instructions on how to link to the articles with permanent links (sometimes called persistent or durable links). These links will allow students to access articles for free with one or two clicks and reduce the cost of course packs.

What is a course pack?

A course pack is a collection of published works compiled together for one group of students which may include any of the following works:

• a series of writings from a book or periodical
• a play from a book of plays
• an original manuscript, writings or a book in process
• a combination of all of the above
• NB we can also reprint out-of-print books

What are the advantages of using course packs?

• price is usually cheaper than a corresponding textbook used for that course
• readily available from the printer
• out-of-print books can be brought back to life
• free desk copy
• eliminates competition for Reserve Collection materials in the Library and therefore more convenient for the student

What do I need to do to prepare a course pack for printing?

• bring in camera ready photocopies of the material on 8.5" x 11" paper
• ensure there is a ½" margin on all sides for proper binding
• a proper bibliography of the materials to be copied (see below)
• information on how you want the finished product to look
• number of desk copies desired

What items do I need to include in the bibliography?

• title of book/periodical
• author/editor
• publisher
• date of copyright
• ISBN (if a book)
• ISSN, volume number and date (if a periodical)
• number of pages in the book or periodical
• exact page numbers being copied (e.g., 1-3, 7-8, etc.)

Schedule A

Access Copyright Post-Secondary Exclusions List - April 2010

In accordance with Clause 5 of the university and community college licence, Access Copyright may semi-annually revise Schedule A (the "Exclusions List") of the licence. Please note the latest changes will take effect on April 2, 2010. To help you quickly identify these changes, we have highlighted them in bold print in our Post Secondary Sector list.

We are pleased to announce that Anker Publishing Co. Inc., Pearson Custom Publishing, Heinemann (William) Ltd., McGraw-Hill Contemporary Learning Series, (formerly McGraw-Hill/Dushkin) and Ten Speed Press have been removed from this exclusions list, meaning you may now copy from their works under the terms and conditions of your institution's licence with Access Copyright.

For your convenience and ease of use, below are downloadable PDF versions of the sector-based Post Secondary Exclusions List in both English and French:

• English Exclusions List
• French Exclusions List

Please note that the "Excluded Titles List" can be provided to you upon request. As well we can provide you with a full Master Exclusions List that will include exclusions relevant to all of our sectors. Please contact Kristy White at kwhite@accesscopyright.ca if you would like to receive a copy either of these lists.

Access Copyright has been notified that Bruce Curtis has requested to be added to their Exclusions List. This means that licensees must contact him directly for permission to use his copyright protected works. If you have any questions, please contact permissions@accesscopyright.ca 

Maintained by the Library - (contact)