Use of copyright materials at ACAD is covered under the Copyright Act of Canada and various agreements entered into by the College with copyright owners. In addition to this, the College has agreements with the vendors of our electronic materials.
Information below is not meant to be legal advice but should serve as a guideline to questions about copyright.
Q: How long does copyright last?
A: In Canada, copyright lasts for the life of the creator + 50 years. The estate of the creator holds the copyright for 50 years after his/her death.
For something to be under copyright in Canada it does not need to be registered nor does the work have to show a © symbol.
Q: What is Public Domain?
A: In Canada after life+50, the work moves into the public domain and may be used freely without permissions.
Q: What does copyright cover?
A: Copyright protects all works that are in fixed form – literary, artistic, dramatic and musical works as well as sound recordings, performances and communication signals – including the Internet.
One may not copyright an idea only the expression of the idea.
Q: What rights does a copyright owner have?
A: Copyright gives the owner the right to publish, reproduce, adapt, translate, perform in public or telecommunicate the work and to authorize any of the above.
Q: What is Fair Dealing and how does it relate to copyright?
A: Under Section 29 of the Canadian Copyright Act, Fair Dealing in an exception that allows use of copyright material for the purpose of research, private study, criticism or review, provided that what is done with the work is ‘fair’. The Supreme Court of Canada has provided clarification of what could be considered Fair Dealing by stating that the following six factors must be considered:
- The purpose of the dealing (research, private study, criticism, review)
- The amount of the dealing (whole work versus a chapter, a table or a quote)
- The character of the dealing (single copies are more fair than multiples)
- Alternatives to the dealing (Links or licenses available)
- Nature of the work (limits how much to use through institutional policy)
- The effect of the dealing on the original work (loss of $$$, reputation to the creator)
The doctrine of Fair Dealing is often confused with the doctrine of Fair Use.
Fair Use is available only in the United States. Fair Use provides many more educational exceptions than the Fair Dealing clause (Section 29) in the Copyright Act of Canada.
The Copyright Act does not provide a specific amount of work that can be considered to be fair dealing. One must apply the factors as above.
Q: Can I download and print an article from an e-journal for my own use?
A: Yes, our licenses typically permit the end-user to download a copy for their own use. “Own use” does not include further distribution to others.
Q: Can I print Internet materials to hand out to my students?
A: Internet materials are often believed to be erroneously ‘in the public domain’. They are not. However, many people who post to the Internet give certain permissions to users of that content under a Creative Commons license.
Please check the site to see if there are any restrictions posted. If educational use is not explicit, please contact the site contact person to request permission of the creator.
An alternative to ‘printing’ which would allow for bypassing asking for permissions is to create and post a hyperlink to the content.
Q: Can I post links to on-line readings on a course website?
A: Yes. Links do not infringe copyright.
Q: Can I include comic strips or cartoons in my course material?
A: No. Permissions must to be acquired. However, there is an exception for educational institutions to project an image in class.
There are few educational exemptions in Canada. They are:
- Making a manual reproduction of a work on a dry-erase or blackboard
- Making a copy of a work to be used to project an image in a classroom (overhead, slide or PowerPoint slide)
- Reproducing for an examination
- Performing in public a play, sound recording or work communicated by telecommunication at the time of its communication (i.e. a live television show)
- Showing news or news commentary in a classroom for up to a year after making of the work
- Making a copy off-air of a program FOR PREVIEW PURPOSES ONLY. This must be erased after 30 days.
Further questions: contact: Christine Sammon christine.sammon@acad.ca