I Need Help with Copyright

Copyright Contact: Jessica Zhang – ext: 5069, email: copyright@algonquincollege.com

What is Copyright?

Copyright means the right to copy. The copyright owner has the sole right to produce, reproduce or alter the work in any substantial part therein. Under the Copyright Act, copying outside of the fair dealing exception or without a licence or permission, may result in a copyright infringement claim. Generally, copyright in Canada lasts for the life of the author plus 50 years. Once the copyright expires, the work enters the public domain. To learn more, click on the Canadian Intellectual Property Office’s Guide to Copyrights.

Copyright Update

The Copyright Modernization Act, Bill C-11, received Royal Assent on June 29, 2012. Most of its provisions came into force on November 7, 2012. The Copyright Act includes a number of new exceptions for educational institutions. For a thorough summary that may be of interest to you, see the Legislative Summary of Bill C-11: An Act to amend the Copyright Act (e.g. Section 2.4.2 Educational Institutions). For interesting commentary on the Bill, read Dr. Michael Geist’s Blog. The Supreme Court of Canada released decisions in five appeals on copyright cases on July 12, 2012 that broadened users’ rights.

Algonquin College has signed a licence with Access Copyright, the Canadian Copyright Licensing Agency, that is in effect until August 31, 2016. The licence grants permission for Algonquin faculty, staff and students to copy published works within Access Copyright’s repertoire, in addition to ways that are covered by fair dealing and other permitted uses under the Copyright Act. Algonquin faculty, staff and students can also access a wide range of digital resource collections for which the Libraries have existing licence agreements in support of teaching and learning activities.

Algonquin Fair Dealing Copying Guidelines

The Copyright Act outlines the rights of copyright owners, and exceptions that allow certain uses of copyrighted works by others without permission (e.g. “fair dealing”). Algonquin College, its faculty, staff and students are often both creators and users of copyrighted works. The College abides by the Copyright Act. All members of the College community are expected to understand their rights and responsibilities under the Copyright Act and comply with the Act.

Fair dealing is a user’s right in the Copyright Act which permits use portions of copyrighted works without permission from the copyright owner or the payment of copyright royalties for certain purposes. Please note that fair dealing is not quantified in the Act. Whether the copying is fair will depend on the fairness factors (such as purpose, character, amount, alternatives, nature of the work, and effect of the copying on the work) set out in the 2004 Supreme Court CCH decision. In landmark decisions in 2012, the Court encouraged a “large and liberal interpretation” of fair dealing.

Algonquin College has adopted the Fair Dealing Policy recommended by the Association of Canadian Community College (ACCC). To qualify for fair dealing, two tests must be passed.

First, the “dealing” must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire, and parody. Educational use of a copyright-protected work passes the first test.

The second test is that the dealing must be “fair.” In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in schools and post-secondary educational institutions.

This Fair Dealing Policy applies fair dealing in post-secondary educational institutions and provides reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court decisions.

  1. Instructors, professors and staff members at Algonquin College may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.
  2. Copies of short excerpts made for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.
  3. A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:
    1. as a class handout.
    2. as a posting to a learning or course management system (e.g. Blackboard) that is password protected or otherwise restricted to students of Algonquin College.
    3. as part of a course pack.
  4. A short excerpt means:
    1. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work).
    2. one chapter from a book.
    3. a single article from a periodical.
    4. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works.
    5. an entire newspaper article or page.
    6. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores.
    7. an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
  5. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
  6. Copying or communicating that exceeds the limits in this Fair Dealing Policy may be referred to copyright@algonquincollege.com for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
  7. Any fee charged by Algonquin College for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the College, including overhead costs.

Educational and Other Exceptions in the Copyright Act

The Copyright Act allows certain uses of copyrighted works by educational institutions that do not constitute copyright infringement. An educational institution (e.g. Algonquin College) or a person acting under its authority is allowed to do the following acts:

  • Reproduction for Instruction

    Reproduce a work, or do any other necessary act, in order to display it, for educational or training purposes on Algonquin College premises, provided the work is not commercially available in a medium appropriate for this purpose.

  • Reproduction for examinations

    Reproduce, translate, communicate electronically or perform a work in public on Algonquin College premises as required for a test or examination, provided the work is not commercially available in a medium appropriate for this purpose.

  • Performances, sound recordings, radios, televisions, and cinematographic works
    1. perform a work such as a play in public, primarily by students of Algonquin College;
    2. play sound recordings in public;
    3. play in public a radio or television program at the time of its communication to the public by telecommunication; and
    4. show a cinematographic work (such as a DVD or video, a non-infringing copy) in public, provided that the performance of works and the playing of sound recordings etc., takes place on Algonquin College premises. It must be for educational purposes and not for profit, before an audience consisting primarily of Algonquin students, instructors acting under its authority or any person who is directly responsible for setting curriculum.
  • News and news commentary programs

    Make a single copy of a news program or a news commentary program (excluding documentaries) at the time the program is aired or communicated over the Internet and perform the copy on Algonquin College premises for educational or training purposes. The audience must consist primarily of Algonquin College students.

  • Broadcasts

    Make a single copy of other types of broadcast programs (i.e. those that are not news or news commentary programs) at the time the program is aired or communicated over the Internet; and keep the copy for up to 30 days to decide whether to perform the copy for educational or training purposes. If the copy is shown on College premises at any time (including within the 30-day evaluation period) or if it is not erased after 30 days, payment must be made. If this is done then record keeping is required by the Educational Rights Collective of Canada (ERCC). Please contact copyright@algonquincollege.com before proceeding.

  • Reproduction for lessons by telecommunication (“online learning”)

    Transmit a lesson that include copyrighted works via telecommunication or distance learning to students enrolled in the course, for education or training purposes, and make a recording of the lesson available on-line. The student can also make a copy of such telecommunicated lesson to be viewed at a later time. Both the student and the institution must destroy the recording or copy within 30 days after students receive their final evaluations. The institution must take reasonable measures to limit the audience only to students enrolled in the course.

  • Publicly available material on the Internet

    Reproduce, communicate by telecommunication, or perform legitimately posted works that are available through the Internet, before an audience consisting primarily of Algonquin students or other persons acting under Algonquin’s authority, for educational or training purposes, provided the original source and the author are attributed, unless the works are protected by technological protection measures (TPMs, such as encryption, passwords, and access controls) or accompanied by a clearly visible notice prohibiting educational use.

Other exceptions

  • Mash-ups

    Under the new Non-commercial User-generated Content exception (also known as the Mash-Up exception), anyone, not just students and instructors, is allowed to use copyrighted works to create new works. The following conditions apply:

    1. The new work can only be used for non-commercial purposes;
    2. The original work should be acknowledged;
    3. The original work must have been acquired legally; and
    4. The new work does not have a “substantial adverse affect” on the market for the original work.
      For instance, this provision allows students to use copyrighted works to create videos, DVDs or mash-ups, and post their new works to Youtube, or on a website.
  • Exceptions for Persons with Perceptual Disabilities

    Section 32 of the Copyright Act allows for making a copy of an entire work (except a cinematographic work) into an alternative format (e.g. audio books, Braille, and e-text) including translation, adaptation, and performance in public (except the making of a large-print book) for students with perceptual disabilities, as long as such an adaptation is not already commercially available in that format. Please see Algonquin College’s Centre for Students with Disabilities for further details about transcription services.

Access Copyright Licence

Algonquin’s licence with Access Copyright grants permission for Algonquin faculty, staff and students to reproduce and distribute portions of published works within Access Copyright’s repertoire in print and digital format. The licence covers copying outside the scope of fair dealing, or any other applicable exception under the Copyright Act, e.g. you may make a digital or print copy of up to 20% of a Repertoire Work to create course packs. The Copyright Modernization Act has far-reaching implications for post-secondary education (especially online education). Most day-to-day copying, and copying for use as class handouts (in paper or digital format) are now considered fair dealing. Fair dealing may also apply to copying of published works beyond Access Copyright’s repertoire, or musical works, online works. Please contact copyright@algonquincollege.com if you have further questions.

Access Copyright – Print and Digital Copying Guidelines

  • What can I copy?

    You can copy any published work in Access Copyright’s repertoire. Use the Access Copyright Title Search and Permissions Tool.
    For published works in Access Copyright’s repertoire, you can:

    • Photocopy, fax, scan and print.
    • Store copies, such as on a hard drive, USB stick or on a Secure Network.
    • Transmit by email, upload or post copies within a Secure Network.
    • Project and display copies, such as on overheads, on LCD or plasma monitors, or interactive whiteboards.
    • Make copies for the purposes of interlibrary loan and managing library collections.
    • Create Course Collections.

    Course collections are (1) copies of repertoire works assembled into paper course packs or (2) copies of repertoire works assembled into digital course packs or copies of repertoire works posted, uploaded, or stored on a Secure Network and made available to students.

  • How much can I copy?

    You may copy up to 20% of a repertoire work or make a copy of a repertoire work that is:

    • an entire article, short story, play, essay or poem, or reproduction of an artistic work from a volume containing other published works.
    • an entire article or page from a newspaper or periodical.
    • an entire entry from an encyclopedia or similar reference work or an entire reproduction of an artistic work from a publication.
    • one chapter of a book, provided the chapter is no more than 25% of that book.

    You may copy up to 20% of a repertoire work or any of the above for a Course Collection and for certain library collection management purposes. This is a summary for ease of reference. For specific terms, please consult the licence or specific publisher licences for library electronic subscriptions.

  • Attribution condition

    Attribution is required for display or distribution of copies made pursuant to this agreement. Copies shall include, where reasonable, on at least one page, (a) a credit to the author, artist or illustrator, and to the source; and (b) a notice stating “Copied under Permission from Access Copyright. Further reproduction, distribution or transmission is prohibited, except as otherwise permitted by law.”

Copying For Sale – Coursepacks

Coursepacks will continue to be printed on campus through the College’s Publishing Centre. Permission is required for copyrighted works that are included in a coursepack. Please note that you can copy up to 20% of any published work in Access Copyright’s repertoire for a course pack. Coursepack permission requests are coordinated by the Publishing Centre. The Centre will keep track of all copies made, and the Bookstore will keep track of all copies sold.

What Can I Copy?

The Copyright Modernization Act has far-reaching implications for post-secondary education (especially online education). Algonquin College has licences with database vendors and Access Copyright in support of teaching and learning activities. The following uses may not require permission from the copyright owner. In addition, the copyright factsheet is intended for individuals with specific questions on using various types of material. Contact copyright@algonquincollege.com if you have any questions.

  • The use within the fair dealing exceptions of the Copyright Act, e.g. day-to-day copying, or copying for use as class handouts or a posting on Algonquin’s secure course management system. Please check the ACCC Fair Dealing Policy for the interpretation of how much use constitutes fair dealing. You may be interested in reading a revised 3rd edition of CMEC’s Copyright Matters (2012).
  • The use within educational exceptions of the Copyright Act, to name a few, showing a legally obtained video in the classroom (e.g. a copy purchased or rented from a retail store, borrowed from the library or a friend, or a non-infringing copy from Youtube), using legitimately posted Internet works before Algonquin students (unless works are protected by “digital locks” or there are clearly visible notices prohibiting educational use), or uploading a recorded lecture which contains copyrighted works to Blackboard for your students to access online at their own convenience (subject to certain conditions).
  • Embedding links to the Libraries’ subscribed digital resource collections to Blackboard is permitted. The Libraries’ subscribed streaming videos are copyright cleared for classroom viewing (click here to see further copyright statements). Please note that some Algonquin digital licenses that provide access to publications in electronic format may restrict the making or dissemination of copies. Where there is a conflict between the terms of a licence agreement and the fair dealing policy, the terms of the licence agreement apply.
  • Algonquin faculty, staff and students may copy published works within Access Copyright’s repertoire, subject to the terms of conditions of the Access Copyright licence agreement.
  • Reproduction with permission of the copyright owner.
  • Public domain works can be freely used (copyright lasts for the life of the author plus 50 years in Canada), e.g. ebooks on the Project Gutenberg Canada website are in the Canadian public domain and offered to users living in Canada at no charge.
  • It is covered by an Open Access or Creative Commons licence (but only in compliance with the license terms). For further information, go to CreativeCommons.org and Algonquin College Open Educational Resources site.
  • Permission for the reproduction of Government of Canada works for personal or public non-commercial purposes is not required unless otherwise specified.

Policies, Licences and Links