Copyright @ StMU

Copyright @ StMU


About

Copyright refers to a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression.

  • Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses covered under limitations and exceptions to copyright, such as Fair Dealing, do not require permission from the copyright owner. All other uses require permission. Copyright owners can license or permanently transfer or assign their exclusive rights to others.

Disclaimer

  • St. Mary’s University College (StMU) and the StMU Library are not responsible for copyright infringement by an individual using a photocopy machine or scanner installed on the StMU campus.
  • The Library provides all StMU users with access to a wide variety of materials for personal research and study. However, this DOES NOT mean that you have a licence to photocopy and distribute entire works, regardless of whether it is a book, journal, DVD, or CD. The following policies / guidelines on this page provide information on copyright law and what kind of copying/reprographic practices are generally acceptable under law.


Fair Dealing Guide

It is not an infringement of copyright to exercise fair dealing with respect to a copyright work for the purpose of research or private study. Under the Copyright Act of Canada individuals are entitled to copy materials for the purposes of research, education or private study. Understanding the following principles, established in case law, will help you decide if your copying is FAIR.

These 6 Fair Dealing principles are drawn from:

  • CCH Canadian Limited v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13; and
  • D’Agostino, G. (2008). “Healing fair dealing? A comparative copyright analysis of Canada’s fair dealing to U.K. fair dealing and U.S. fair use”. McGill Law Journal. 53:311-363. (see pages 319-324).

  1. The Purpose of the Dealing/Copying

    What is your intent? Was the copying for research, private study, criticism, review, or news reporting? And does the copying fall within the provisions for fair dealing as outlined in the Copyright Act of Canada? Dealing for commercial purposes can be fair. However, one should be aware that some dealings, even if done an allowable purpose, can be more or less fair than other dealings. For example, research done for commercial purposes may not be as fair as research done for charitable or academic purposes.

  2. The Character of the Dealing/Copying

    The character of the dealing relates to the manner in which the work was dealt. That is, how were the works dealt with? Was only a single copy made or were multiple copies made? Multiple copies that are widely distributed can be unfair; but, if the copy is destroyed after use, it may be considered fair. Were these copies distributed widely or to a limited group of people (such as a study group or a committee)? What is the general practice in the industry? The custom or practice of the use of material in question can be used to assess fairness.

  3. The Amount of the Dealing/Copying

    How much of the work was used? Only a reasonable and necessary amount of copying is permitted however, this requirement is interpreted broadly. What was the importance of the infringed work? Quoting trivial amounts may alone sufficiently establish fair dealing as there would not be copyright infringement at all. In some cases even quoting the entire work may be fair dealing. But note that the greater the amount of the work copied, the higher the burden of justification will become. The amount of the work taken must be fair in light of the purpose of the dealing. For example, in the case of a photograph it is permissible to copy the entire work as it would be impossible to otherwise deal with the work.

  4. Alternatives to the Dealing/Copying

    Was a “non-copyrighted equivalent of the work” available to the user? The availability of a non-copyrighted equivalent may be relevant. And was the dealing “reasonably necessary to achieve the ultimate purpose”? It is important to note that the Supreme Court has ruled that the “availability of a license is irrelevant to in considering alternatives to the dealing” (see paragraph 70 CCH Canadian Ltd. v. Law Society of Upper Canada [2004] 1 S.C.R. 339).

  5. The Nature of the Work

    The nature of the work refers to the public availability of the work. Copying from a work that has never been published could be more fair than from a published work because its reproduction (with acknowledgement/citation) can lead to a wider public dissemination of the work – one of the goals of copyright law. Fair dealing also applies to both published versus unpublished, or confidential versus non-confidential materials. However, if the material in question was confidential, this may tip the scales towards finding that the dealing is unfair.

  6. Effect of the Dealing/Copying of the Work

    Does the use compete with the market of the original work? That is, is it likely to affect the market of the original work or have a detrimental economic effect? A dealing which competes with, or is a substitute for, that of the copied work is unlikely to be fair because it deprives the copyright holder of revenue. However, a plaintiff MUST provide evidence and PROVE that there has been a detrimental impact upon the market for the work in question.

DISCLAIMER: St. Mary’s University College (StMU) & the StMU Library are not responsible for copyright infringement by an individual using a photocopy machine, scanner installed on the StMU campus, or any other reprographic software or utilities installed on any campus computers.


StMU Copyright Policy



Course Reserves

With respect to Canadian Copyright law and StMU Library Course Reserves the Library operates according to the following policy on permissible & non-permissible practices as well as additional requirements.

Placing Materials on Course Reserve

For the 2011/12 academic year the Library will not accept photocopies of copyrighted materials to be placed on Course Reserve. Placing photocopies materials on course reserve cannot be used in lieu of obtaining permissions or ordering Course Packs from the StMU Bookstore. In lieu of placing photocopies on Course Reserve there are alternatives:

  • If you have materials that you would normally photocopy for placement on Course Reserve please submit the title in question to your Area Chair to be placed on the order list submitted to the Library for acquisitions for the collection.
  • If the materials that you wish to place on reserve are available as part of one of the Library’s electronic journal subscriptions, or the title is available freely online, you can create your own course reserve reading list in a Course Moodle or MyStMU course page. Please make sure that you ONLY supply the URL links to actual articles. Please do not post actual copies of articles of materials in question.

NOTE: Ordering materials for the Library collection can take some time. Most order, if not delayed or back-ordered, take about 4-5 months for delivery. Please plan ahead and allow sufficient time for processing of orders.

Permissible

Faculty members may request the following materials be placed in the Reserve Collection:

  • original items/titles (books/monographs) from the library’s circulating collections, instructors’ personal collections (including photocopied material of class notes, syllabi & old exams, etc.);
  • your own lecture notes, sample questions/exams are Reserve-friendly; and
  • sample student work, with signed permission of the author/student.

NOTE:

  • Posting URL’s/hyperlinks to electronic resources already licensed by the Library and to resources posted for free access on the internet IS legal & permissible under current copyright statute. However, it is advisable that such “reserve reading lists” of links to articles be posted on a course page behind the login wall of the StMU Portal.
  • Where necessary and in lieu of photocopies, it is sometimes possible that original items may be rush purchased by the Library to place on Reserve.

NOT Permissible

  • Material that is still under copyright material normally requires permission from the copyright holder before photocopies can be placed on the StMU Library Course Reserve. Currently, and for the 2011/12 academic year the Library is not accepting photocopies of copyrighted materials to be placed on Course Reserve.
  • Placing photocopies of materials which are in StMU Library’s print collection is not allowed. Instead, please apply to have the entire volume placed on Course Reserve.
  • Placing photocopies of materials which are in StMU Library’s electronic resources collection is not allowed. It is recommended that course instructors create a course webpage in the MySTMU portal and link directly to those materials which are online. For more information on how to do this, please consult Linking to Online Materials.

NOTE:

  • Posting URL’s/hyperlinks to electronic resources already licensed by the Library and to resources posted for free access on the internet IS legal & permissible under current copyright statute. However, it is advisable that such “reserve reading lists” of links to articles be posted on a course page behind the login wall of the StMU Portal.
  • Where necessary and in lieu of photocopies, it is sometimes possible that original items may be rush purchased by the Library to place on Reserve.


Statutes

The Copyright Law of Canada

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

  • The Copyright Act of Canada is Canada’s federal statute governing copyright law in Canada. The Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988 and 1997.

Full text of Copyright Act of Canada is available at Justice Laws Website and CanLII

Fair Dealing in the Copyright Act

  • Copyright Act (R.S.C., 1985, c. C-42 1997, c. 29, s. 1 & 2)

    Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. The Copyright Act does not contain a simple formula that sets out exactly what may or may not be copied without permission or payment. Rather, Fair Dealing requires the exercise of judgement." However, it does enumerate sets of possible defences against an action for infringement of an exclusive right of copyright. The fair dealing clauses of the Canadian Copyright Act allow users to engage in certain activities related to research, private study, criticism, review, or news reporting. With respect to these activities the user must make a full citation. That is the user must mention the source of the material, along with the name of the author, performer, maker, or broadcaster for the dealing to be fair.

Full text of the fair dealing clauses of the Canadian Copyright Act is available at Justice Laws Website

Educational Institutions & the Copyright Act

  • Copyright Act (R.S.C., 1985, c. C-42 1997, c. 29, s. 4 – 5)

    This section of the Copyright Act determinescopyright exceptions for persons acting under the authority of an education institution (librarian, instructor/faculty member, etc.)

Full text of the fair dealing clauses of the Canadian Copyright Act is available at Justice Laws Website

Libraries, Archives and Museums & the Copyright Act

  • Copyright Act (R.S.C., 1985, c. C-42 1997, c. 30.1, s. 1 – 4)

    This section of the Copyright Act determines that copyright exceptions for persons acting under the authority of an a library, archive or museum (librarian, archivist, curator, etc.).

Full text of the fair dealing clauses of the Canadian Copyright Act is available at Justice Laws Website

Libraries, Archives & Museums in Educational Institutions & the Copyright Act

  • Copyright Act (R.S.C., 1985, c. C-42 1997, c. 30.4, s. 1 – 4)

    This section of the Copyright Act clarifies and makes certain that the exceptions to infringement of copyright, as defined under c. 30.1, also apply to libraries, archives and museums that form part of an educational institution.

Full text of the fair dealing clauses of the Canadian Copyright Act is available at Justice Laws Website

Machines Installed in Educational Institutions, Libraries, Archives and Museums & the Copyright Act

  • Copyright Act (R.S.C., 1985, c. C-42 1997, c. 30.4, s. 1 – 4)

    This section of the Copyright Act defines the copyright exceptions and provisions governing the use of reporgrahic technology in an educational institution or a library.

Full text of the fair dealing clauses of the Canadian Copyright Act is available at Justice Laws Website


Case Law

CCH Canadian Limited v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13

Full text of Supreme Court of Canada decision available at LexUM and CanLII

Supreme Court of Canada (SCC) 2012 Pentology

Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), [2012] 2 SCR 345, 2012 SCC 37

Full text of Supreme Court of Canada decision available at LexUM and CanLII

Society of Composers, Authors & Music Publishers of Canada v. Bell Canada, [2012] 2 SCR 326, 2012 SCC 36

Full text of Supreme Court of Canada decision available at LexUM and CanLII


FAQs

Whether you are a student, researcher, administrator or an instructor, copyright affects you. To find out more about best practices and do’s and don’ts consult the Library’s FAQs on different aspects of Intellectual Property rights in an academic context:


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