Sam Trosow, associate professor of Law and Information Science at Western University, has posted an analysis of Canadian fair dealing in these exceptional COVID-19 circumstances. Details here.
Canada’s Copyright Act was updated in June 2012. The updates include greater rights for educational institutions, although many restrictions still apply. The paragraphs below briefly outline how copyright applies at Mount Allison University, and what has changed because of the Copyright Modernization Act.
Copyright aims to protect the interests of creators of expressive works (text, art, music, charts, maps, photographs, etc.) by allowing only copyright owners the right to reproduce an entire work or a substantial part of it. Reproducing works can include photocopying, scanning, downloading or uploading. Copyright covers most works whether on the Internet or in print, unless stated otherwise on the work. Good academic practice requires attribution when copying the work of others, but restrictions on what can be copied still apply.
Copyright does NOT cover:
Use of copyright-protected materials at Mount Allison University is covered largely by:
The Copyright Modernization Act which reformed Canada’s Copyright Act, was passed in June 2012. Most new rules under the Act took effect in November 2012. The federal government noted it: “greatly expands the ability of teachers and students to make use of new digital technologies and of copyrighted materials for the purpose of education and study.” (Balanced Copyright). Some changes that affect educational institutions specifically:
“Fair dealing” under Canadian copyright law is a users’ right to reproduce copyrighted works for research, private study, education, satire and parody, and (with attribution) for criticism, review and news reporting, without permission or payment. It is intended to be interpreted broadly.
Canadian case law has established six factors relevant to determining “fairness”:
Not all six factors need to be satisfied for use to be considered fair.
Fair Dealing in Canada - Myths and Facts. By the Canadian Association of Research Libraries. Sept. 2017.
The MtA libraries subscribe to dozens of databases of online journals, electronic books and other materials. The licenses for these materials often include broad provisions for academic uses (e.g. permissions to copy to course management systems, coursepacks, for classroom use, and other uses beyond those permitted by the Copyright Act).
The Scholars Portal License Information Database listed in the libraries’ A-Z List of Databases, provides details on the copying permissions allowed by each database. (Note: Individual journals may restrict uses further; check the copyright statement on each article you wish to copy.)
For assistance with linking to permanent URLs, see "Linking to Licensed Library Material from Moodle and Course Web Pages" on the library web site “Services for Faculty Members” page.
You can also request that digital sources be linked to from the library Course Reserve system. Print copies of articles, books, etc. can also be put on Reserve in the library. To request either of these, you can submit a request using the online Request Forms. See the “Services for Faculty Members” page for details.
No. The Access Copyright agreement with Mount Allison University was ended December 2015.
Copyright - Fair Dealing Policy (Policy #5320)
- MtA's version of fair dealing (revised August 2013. Includes guidelines and documents providing guidance on the application of the Policy)
CAUT Guidelines for the Use of Copyrighted Material Feb. 2013
- A very useful, easy-to-read, six-page guide; clarifies points of confusion.
CAUT Intellectual Property Advisory: Fair Dealing Dec. 2008
- This 9-page advisory describes clearly how to determine fair dealing, with a checklist for academic staff in Appendix A. (Note: Needs updating. Does not include three new fair dealing categories: education, parody, and satire.)
CAUT Intellectual Property Advisory: Retaining Copyright in Journal Articles July 2008
- A brief guide to why academic staff should retain copyright and how.
Western University Copyright Decision Map. Updated 2015.
- Very helpful 5-question guide to assist in making copyright decisions, with links to clear guidelines.
Canada Copyright Act
- The official Act, from the Dept. of Justice Canada.
Copyright Modernization Act
- The 2012 amendments.
What the Copyright Modernization Act Means for Teachers and Students
- Government of Canada fact sheet on 2012 changes to the Copyright Act
Canadian Intellectual Property Office
- Information on all aspects of intellectual property, including copyright, patents and trademarks.
Canadian Copyright: A Citizen’s Guide. 2nd ed., 2013 by L. Murray and S. Trosow. KE 2799.2 M87 Reference (Main Floor)
Canadian Copyright Law. 4th ed., 2013 by L. Harris. KE 2799.2 H37 Reference (Main Floor)
Ariel Katz on Intellectual Property, Competition, Innovation and other Issues
Professor, Faculty of Law, University of Toronto
By Howard Knopf, lawyer
Law professor and Canada Research Chair in Internet and E-commerce Law at the University of Ottawa
Professor of Law and Information & Media Studies, University of Western Ontario
A MtA Library page.
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Last updated 8 January 2016/AC
Questions? Please contact Laura Landon, Interim University Librarian.