UFV Library Copyright Guide

The following guide is intended as a brief introduction to the rules of copyright as they apply at UFV. It is not intended as legal advice. For more detailed information, please consult the resources listed at the end of the guide.

What is Copyright?

Copyright is the right to make copies of a work. In the case of a dramatic or music work, it is the right to perform, record or broadcast a work.

Who owns copyright and for how long?

Copyright is usually held by the creator of the original work, unless it has been transferred by contract, license, or other arrangement. In the case of a work created in the course of employment, the employer usually owns the copyright. ( Canadian Intellectual Property Office 7). Copyright usually lasts for 50 years following the death of the creator.

What is covered by copyright?

The Copyright Act protects all original works in these categories:

• Literary (magazine and journal articles, books, stories, poems, letters, newspapers, theses, etc
• Dramatic (videos, DVD’s, feature films, documentaries, television, radio, plays)
• Artistic (drawings, photographs, maps, digital images, paintings, etc.)
• Musical (sheet music, songs)
• Sounds recordings, performer’s performances, and communication signals

Does copyright have to be applied for?

In Canada, copyright is automatic (does not need to be applied for). It is also implicit (does not have to be denoted by the copyright symbol ©).

Aren’t we allowed to copy anything we need as long as it is for educational use?

This is an academic myth. There are very specific guidelines for copying in academic institutions and libraries. Infringements can lead to prosecution and serious penalties.

Fair Dealing

The Canadian Copyright Act includes the concept of fair dealing. This is not to be confused with the more liberal fair use provisions in the U.S. Fair dealing allows for copying for the purpose of research or private study. It also allows copying for criticism or review or news reporting, provided that the source and author/performer are properly credited. However, the amount copied for these purposes should be an insubstantial or very small portion (1-2%) of the work. (Harris 129)

Public Domain

There is no copyright protection on works in the public domain. These are works where the author/creator has been dead more than 50 years, or where the creator has given copyright to the public. In these cases, works may be copied without permission. However, new versions of older works may be copyrighted, as in translations, editions with footnotes and editorial comment, or new performances or recordings of a work.

Photocopying - What is allowed?

Access Copyright License

UFV pays an annual fee to the Canadian Copyright Licensing Agency, allowing us some special copying provisions. The Access Copyright License is administered by the UFV Bookstore Manager. Consult the Access Copyright website for detailed information on copyright issues in post secondary institutions.

Access Copyright Copying Guidelines

Copies made for course reserve, interlibrary loan, individual research, or last minute classroom distribution (from Schedule C, Access Copyright License)

Up to 10% of a published work or the following, whichever is greater:

• an entire newspaper article or page
• an entire single short story, play, poem, essay or article from a book or periodical issue
• an entire article from an encyclopedia, dictionary, bibliography, or similar reference book
• an entire reproduction of an artistic work (including drawing, sculpture, painting, etc) from a book or periodical issue containing other works
• an entire chapter which is 20% or less of a book

Number of Copies:

• sufficient copies to provide one for each student, two per faculty member, and such number required by the Institution for administrative purposes

Copies made for sale (Coursepacks) (from Schedule D, Access Copyright License)

Up to 15% of a published work, or the following, whichever is greater:

• an entire newspaper article or page
• an entire single short story, play, poem, essay or article from a book or periodical issue
• an entire article from an encyclopedia, dictionary, bibliography, or similar reference book
• an entire reproduction of an artistic work (including drawing, sculpture, painting, etc) from a book or periodical issue containing other works
• an entire chapter which is 20% or less of a book

If an Anthology (coursepack) includes extracts from textbooks, the following limitations apply:

• no such extract can exceed the lesser of 5% or a single chapter of a textbook
• maximum of 2 excerpts can be from textbooks written by the same author, and published by the same publisher within any period of five years
• no more than 50% of coursepack content can be from textbooks

Out of Print works

If a work is out of print and not commercially available, more extensive copying may be done. Permission should be obtained through the Bookstore manager. Royalties may be required to be paid.

Photocopying - What is not allowed

Systematic, cumulative copying from the same published work for a single course or program in one academic year is not permitted.  Copying of the following is also not allowed:

• Unpublished works, such as student essays
• Workbooks, instruction manuals
• Sheet music
• Original artistic works or photographs
• Letters to the editor and advertisements
• Business case studies available for purchase
• Government publications (These have Crown copyright. Should contact issuing body for permission to copy.)
• Excluded publishers as outlined in Access Copyright license
• Internet documents for purposes of classroom handouts, coursepacks or reserve (Kornfield 4)

• Access Copyright allows for reproduction onto overheads and slides, for the purposes of classroom presentation
• Copying must follow same limits and restrictions as for print photocopying

Musical Recordings

• Musical recordings may be played in the classroom for purposes of study or instruction
• They may not be played for purposes of entertainment, such as a school dance
• Copying of musical tapes for private use at home is permitted, because of a royalty on the purchase of blank audio tapes. (Canadian Intellectual Property Office 6)

• No amount of copying of a film or video is allowed without permission, even for private use.
• Permission may be granted, but may involve a fee.
• No film or video may be shown in a public performance, such as in a classroom, without first obtaining public performance rights (PPR).
• Most videos in the UFV Library collection have been purchased or leased with PPR and may be shown in the classroom. Viewing is limited to our own students and faculty. No admission may be charged.
• We pay for a Feature Film License which allows for classroom use of many feature films, including those rented at commercial video outlets.
• Most, but not all films are covered under the license. Please check with the Library's Media Technician (ext. 4667) to clear PPR before showing any feature film in class.
• No admission may be charged, and no external advertising of film titles to be shown is permitted.
• New this year is Entertainment Use Rights for films covered in the Audio-Cine Film License!   Educational use allows the showing of films for instructional purposes in educational settings only. The Entertainment Use license allows broader use rights outside the classroom context.   So here is what you can now do with films covered in the Audio-Cine film license:

• The films can be shown anywhere on campus.
• The films can be shown by someone other than an instructor, e.g. a student club, a staff traininge vent.
• The audience can include students and staff, with some members of the public present (please see limitation below).
  

• The event must be free to attend with no cost or cover charge.  Showing films at charity fundraisers is allowed, but only if the cost is purely by donation. 
  
• The films can be shown by someone other than an instructor, e.g. a student club, a staff traininge vent.
• The license covers only films that have been released for rental and home purchase; films still in theatrical release are not covered.
• The primary audience of the event must be members of the institution. Event advertising must be limited to media targeted at the university/college and its students and staff. In the case of print advertising, the advertisements may only appear in campus media (e.g. a student newspaper) and not in general community newspapers.

Television Broadcasts

• You may view live television or listen to live radio that is being broadcast during your class time.
• Many television programs are available for purchase for a reasonable price from the network.

Taping of Television or Radio (Off-Air Taping)

• In order to tape and broadcast a television or radio program, an institution must pay either a comprehensive or transactional tariff to the Educational Rights Collective of Canada.  For complete details, see http://www.ercc.ca/ed_insts_faq_part2.html
• There are very limited exceptions in the Copyright Act for off-air taping
• News and news commentary programs (but not news documentaries) may be taped and shown to a class for educational purposes, for a period of one year after making a copy.
• News program – program reporting on news events as they happen. Example: The National.
• News Commentary Program – program containing discussions, analysis of news, preponderance of talking heads, minimal editing. Examples: As It Happens, Larry King Live.
• News Documentary – a socially relevant program with a creative vision of viewpoint, with significant research and preparation, significant editing, prescripting, significant shelf-life. Examples: The Nature of Things, Life & Times.
• If you wish to show the copy after the year has expired, royalties must be paid to the Educational Rights Collective of Canada.
• You may tape other programs, but may only keep the copy for 30 days for evaluation purposes. This copy may not be shown in class.
• If the copy is kept for longer than 30 days, or you wish to show it in class, royalties must be paid to the ERCC.
• Detailed records are to be kept of all copies made, including when performed and when destroyed.

Computer Programs

• You may make a single copy for backup purposes.
• You may make a single copy for the purpose of adapting/translating the program to be compatible with a particular computer.

Digital Rights

• The existing Copyright Act, and the Access Copyright License do not give any rights to make digital (or electronic) copies of copyrighted works, or for any digital uses of material. 
• This includes the scanning of printed documents or images to create digital versions.
• Permission must be obtained from the copyright holder in order to create and use digital content.
• The process of obtaining digital rights may be very time consuming and require fee payment

Web Pages and Online Courses

• Although an instructor may photocopy an article and distribute it in print to students, the same article may not be digitized and posted on a web page without permission. License or royalty fees may have to be paid.
• Permission must be obtained from the copyright holder to upload any other text, sound files, images, or video clips onto a web page.

Access Copyright and Coursepacks - UFV Bookstore Manager

Course Reserves - Carol Konkle (Abbotsford, loc. 4218), Leslie Olsen (Chilliwack loc. 2468) 

Video/DVD Public Performance Rights, Feature Film License - Heather LeGood (loc. 4667), Patti Wilson (loc. 4277)

Library Print Resources

Noel, Wanda. Copyright Guide for Canadian Libraries. Ottawa: Canadian Library Association, 1999. (Ref KE 2799 N63 1999)

Tamaro, Normand. Annotated Copyright Act. Toronto: Carswell (Ref KE 2794.54 T36)

Selected Internet Resources

Access Copyright

Copyright Act. ( R.S., 1985, c. C-42 )

Canadian Intellectual Property Office. A Guide to Copyrights. August 2011.

Educational Rights Collective of Canada

Kornfield, Judy and Niina Mitter. Langara Copyright Guide. Langara College Library.  4th ed. August 2006.

September, 2011 Heather Compeau