Copyright is a set of exclusive rights granted by law to the author or creator of an original work, including the right to copy, distribute, and adapt the work. These rights give copyright holders control over the use of their work.
Copyright in Canada is governed by the Copyright Act.
Okanagan College has a license with Access Copyright, which deals with the rights for the copying of printed materials for use in academic classrooms.
The College also has agreements with vendors, which deal with the access and use of the Library's electronic resources (e.g. databases, ebooks). Learn more in the Licensing section of this guide.
Copyright covers literary, dramatic, artistic, and musical works, sound recordings, performances, and communication signals. This includes works on the Internet. See the Copyright Act for details.
Copyright spans "the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year." See the Copyright Act for details.
Generally, the creator of the work holds copyright. See the Copyright Act for details.
Access Copyright is a voluntary collective of publishers and other copyright holders that administers the rights for the copying of printed materials for use in academic classrooms (e.g. course packs and classroom handouts).
Access Copyright collects royalties from post-secondary institutions - including Okanagan College - under a license that is in effect until August 31, 2018.
This means that Okanagan College employees and students are permitted to copy and distribute works from Access Copyright’s repertoire under the license's terms and conditions.
The Copyright Act includes exceptions for “fair dealing” for the purpose of research, education, private study, parody, satire, criticism or review, and news reporting. See the Copyright Act for details.
There are six points of fair dealing to consider, the first point MUST be met prior to considering the subsequent points:
The author of a work has the right to protect the integrity of that work, as well as the right to always be identified as the author of that work, or the right to remain anonymous. See the Copyright Act for details.
Works in the public domain are owned by the public and are free of copyright restrictions. Works can be in the public domain because the copyright term expired, the work is not eligible for copyright, or the author has released the work into the public domain.
Public domain does NOT equal publicly available. In other words, if a work is publicly available (e.g. on the Internet) is is not necessarily part of the public domain.
What is Crown Copyright?
Crown Copyright covers the use of government works (or Crown works). Crown works are "the works of federal, provincial and territorial governments. Generally, municipal governments are not considered Crown works because municipal governments are not emanations of the Crown" (Harris, 2001, p. 73).
Crown Copyright is governed by the Copyright Act.
For more information on Crown Copyright, visit the Government of Canada's About Crown Copyright.
Harris, L.E. (2001). Canadian Copyright Law. McGraw Hill Ryerson: Toronto.
Copyright is created automatically with the work. Best practice is to assume the work is covered by copyright. If you are unsure of the copyright status of a work, or whether the College has or can obtain a licence for use of the work, contact the Library or Bookstore.
The Copyright Act states that the person who committed the copyright infringement can be held responsible. There are many sections of the Copyright Act that address copyright infringement and liability, including 35, 38, 39, and 42.
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