Durham College Copyright Guidelines
Under Canadian copyright law, it is illegal to copy most published materials without permission from the copyright owner. Copyright exists to protect the rights and the profit potential of copyright owners. Published materials include, but are not limited to, text, performers' performances, and sound recordings. Copyright is implied and assumed in any creative work, whether or not there is a copyright statement in the work.
Durham College has signed an agreement with Access Copyright (formerly Cancopy). Under this agreement the College pays a blanket copyright fee on behalf of the campus community, which allows increased latitude for copying for academic purposes. The Access Copyright Agreement authorizes much of the copying which is required by students, faculty and staff and permits limited copying for personal use and for teaching and research purposes so that the academic community may carry out its personal research and teaching with the confidence that they are not infringing on copyright.
While there are exclusions (please see the "Direct Permission to Copy" section below), professors can make multiple copies of a periodical article, enough for every student in the class. Librarians can make multiple copies of a work to put On Reserve. Copies can be made for administrative purposes. Users are responsible for familiarizing themselves with the details permitted before proceeding . Please consult Copying Right http://www.aucc.ca/_pdf/english/publications/copying2002_e.pdf ) for an excellent summary of copyright, fair dealing and collective licensing for Canada 's post-secondary institutions published by the AUCC (Association of Universities and Colleges of Canada) and posted here with their permission.
All members of the College community are responsible for informing themselves about the parameters of both the Canadian Copyright Law http://laws.justice.gc.ca/en/C-42/index.html ) and the institution's Access Copyright agreement, and for ensuring that any copying they do in connection with their College activities complies with those guidelines. A summary of the provisions of the Access Copyright agreement is posted adjacent to every photocopier. Please ensure that your copying complies with the terms of this agreement.
Copyright, including implied copyright, is held by the creator of a work, unless and until the creator signs the copyright over to another individual or body. In the case of published works, copyright is usually held by the publisher. No other individual may copy protected works without permission from the copyright holder, regardless of the use for which the copies are intended, except within the limitations permitted by the Access Copyright agreement.
- Academic creators must be mindful of the fact that if, in the course of publishing their research or writing, they have signed over copyright to a journal or publisher, they no longer have the right to copy and distribute the information with impunity. Rather they must adhere to relevant legislation and agreements unless specific exemptions have been included in the agreement with the publisher or journal.
- Copies of information protected by copyright may not be sold. The Access Copyright agreement provides for the creation of 'course packs' upon payment of a per-copy fee. Consult with the Bookstore about requirements for creating course packs.
- The Library's Reserve system will comply scrupulously with copyright legislation. Consult the Reserves Coordinator concerning restrictions on both hard copy and electronic reserve items.
- Any member of the academic community authoring research writings should familiarize themselves with appropriate citation requirements. Consult the Library website under Citation Style Guides or the Library reference staff for assistance with this subject.
- Use of the electronic resources to which the College subscribes is governed by licensing agreements between The Library and the vendors of these resources. These agreements limit use to authorized members of the Durham College community. The use must be for academic purposes only. In accordance with Canadian copyright law, commercial use and systematic downloading of entire journal issues, large sections of electronic textbooks or electronically transmitting online content to mailing lists or electronic bulletin boards is strictly prohibited.
What You Can Copy under the Access Copyright Guidelines
Up to 10% of a printed published work may be copied, and the following may be copied even if they exceed 10% of the full work:
- works whose copyright is owned by UOIT or Durham College (the institutions.) (Copyright held by members of the campus community as individuals do not fall under this exception).
- an entire newspaper article or page
- an entire short story, play, poem, essay or article from a book or periodical issue containing other kinds of works
- an entire single item of print music from a book or periodical issue containing other kinds of works
- an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference work
- an entire reproduction of an artistic work from a book or periodical issue containing other kinds of works
- an entire chapter which is 20% or less of a book
Direct permission to copy must be sought from the copyright holder for:
- works for which copyright no longer subsists in Canada
- instruction manuals including teachers' guides
- government publications: federal, provincial, crown
- works on the Access Copyright exclusions list
- originals of artistic works photonegatives and transparencies, mounted or unmounted
- publications containing a notice expressly prohibiting copying under licence with a Reproduction Rights Organization
- works intended to be used and replaced such as published workbooks, workcards, assignment sheets, tests
- examination papers
- unpublished works
- publications containing commercially viable proprietary information, such as newsletters
- most print music (including music published for use by choirs, orchestras, bands, similar groups and individual performers, whether religious, instructional, professional or recreational)
- letters to the editor and ads in newspapers, magazines or periodicals
For a complete listing of Access Copyright guidelines http://www.accesscopyright.ca .
Other Copyright Resources:
