Copyright means the right to copy. The copyright owner has the sole right to produce, reproduce or alter the work in any substantial part therein. Under the Copyright Act, copying outside of the fair dealing exception or without a licence or permission, may result in a copyright infringement claim. Generally, copyright in Canada lasts for the life of the author plus 50 years. Once the copyright expires, the work enters the public domain. To learn more, click on the Canadian Intellectual Property Office’s Guide to Copyrights.
As a college employee, you are required to know and follow the Copyright laws when accessing and/or reproducing information/materials for college business.
Educational and Other Exceptions in the Copyright Act
The Copyright Act allows certain uses of copyrighted works by educational institutions that do not constitute copyright infringement. An educational institution (e.g. Northern College) or a person acting under its authority is allowed to do the following acts:
- Reproduction for Instruction
Reproduce a work, or do any other necessary act, in order to display it, for educational or training purposes at Northern College, provided the work is not commercially available in a medium appropriate for this purpose.
- Reproduction for examinations
Reproduce, translate, communicate electronically or perform a work in public at Northern College as required for a test or examination, provided the work is not commercially available in a medium appropriate for this purpose.
- Mash-upsUnder the new Non-commercial User-generated Content exception (also known as the Mash-Up exception), anyone, not just students and instructors, is allowed to use copyrighted works to create new works. The following conditions apply:
- The new work can only be used for non-commercial purposes;
- The original work should be acknowledged;
- The original work must have been acquired legally; and
- The new work does not have a “substantial adverse affect” on the market for the original work.
For instance, this provision allows students to use copyrighted works to create videos, DVDs or mash-ups, and post their new works to Youtube, or on a website.
- Exceptions for Persons with Perceptual Disabilities
Section 32 of the Copyright Act allows for making a copy of an entire work (except a cinematographic work) into an alternative format (e.g. audio books, Braille, and e-text) including translation, adaptation, and performance in public (except the making of a large-print book) for students with perceptual disabilities, as long as such an adaptation is not already commercially available in that format.
Northern’s licence with Access Copyright grants permission for Northern faculty, staff and students to reproduce and distribute portions of published works within Access Copyright’s repertoire in print and digital format. The licence covers copying outside the scope of fair dealing, or any other applicable exception under the Copyright Act, e.g. you may make a digital or print copy of up to 20% of a Repertoire Work to create course packs. The Copyright Modernization Act has far-reaching implications for post-secondary education (especially online education). Most day-to-day copying, and copying for use as class handouts (in paper or digital format) are now considered fair dealing. Fair dealing may also apply to copying of published works beyond Access Copyright’s repertoire, or musical works, online works.
Access Copyright – Print and Digital Copying Guidelines
- What can I copy?
- You can copy any published work in Access Copyright’s repertoire. Use the Access Copyright Title Search and Permissions Tool.
For published works in Access Copyright’s repertoire, you can:
- Photocopy, fax, scan and print.
- Store copies, such as on a hard drive, USB stick or on a Secure Network.
- Transmit by email, upload or post copies within a Secure Network.
- Project and display copies, such as on overheads, on LCD or plasma monitors, or interactive whiteboards.
- Make copies for the purposes of interlibrary loan and managing library collections.
- Create Course Collections.
Course collections are (1) copies of repertoire works assembled into paper course packs or (2) copies of repertoire works assembled into digital course packs or copies of repertoire works posted, uploaded, or stored on a Secure Network and made available to students.
- How much can I copy?
- You may copy up to 20% of a repertoire work or make a copy of a repertoire work that is:
- an entire article, short story, play, essay or poem, or reproduction of an artistic work from a volume containing other published works.
- an entire article or page from a newspaper or periodical.
- an entire entry from an encyclopedia or similar reference work or an entire reproduction of an artistic work from a publication.
- one chapter of a book, provided the chapter is no more than 25% of that book.
You may copy up to 20% of a repertoire work or any of the above for a Course Collection and for certain library collection management purposes. This is a summary for ease of reference. For specific terms, please consult the licence or specific publisher licences for library electronic subscriptions.
- Attribution condition
- Attribution is required for display or distribution of copies made pursuant to this agreement. Copies shall include, where reasonable, on at least one page, (a) a credit to the author, artist or illustrator, and to the source; and (b) a notice stating “Copied under Permission from Access Copyright. Further reproduction, distribution or transmission is prohibited, except as otherwise permitted by law.”
For any further information, or clarification, please do not hesitate to contact Shannon Arsenault, , Northern College’s Senior Library Technician/Copyright Technician.
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