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Copyright Guidelines

For clarification of a specific copyright-related question or answers to questions not covered by this guide, please contact:
 
Okanagan College Copyright Officer:
Ross Tyner
Director of Library Services
Local 4665
 
Lindsay Willson
Public Services/Business Liaison Librarian
Local 4624
 
Or contact

What is copyright?

What laws govern copyright in Canada and at Okanagan College?

What licenses/agreements govern copyright at Okanagan College?

What does copyright cover?

How long does copyright last?

What rights does the copyright holder have?

What is Access Copyright?

What is 'fair dealing'?

What are 'moral rights'?

What is 'public domain'?

What is Crown Copyright?

How can I tell if a work is covered by copyright?

What is my liability if I infringe copyright at Okanagan College?


What is copyright?

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.

 

What laws govern copyright in Canada and at Okanagan College?

Copyright in Canada is governed by the Copyright Act.

 

What licenses/agreements govern copyright at Okanagan College?

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.

 

What does copyright cover?

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.

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How long does copyright last?

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. 

 

What rights does the copyright holder have?

Generally, the creator of the work holds copyright. See the Copyright Act for details.

 

What is Access Copyright?

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.

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What is 'fair dealing'?

Okanagan College Fair Dealing Policy & Guidelines

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:

  • Purpose: Is the purpose allowed under the Copyright Act’s fair dealing exception? Is it for research, private study, criticism or review, or news reporting?
  • Character: Is the character of the dealing a single copy or multiple copies? Multiple copies created for distribution are not covered by fair dealing.
  • Amount: How much of the copyright work is being used?
  • Alternatives: Is there a reasonable alternative to making a copy?
  • Nature: Is the work published, unpublished, confidential, etc.?
  • Effect: What is the economic effect of copying the work? Will the copy of the work compete with the original work?

 

What are 'moral rights'?

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.

 

What is 'public domain'?

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.

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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.

References:
Harris, L.E. (2001). Canadian Copyright Law. McGraw Hill Ryerson: Toronto.

 

How can I tell if a work is covered by copyright?

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.

 

What is my liability if I infringe copyright at Okanagan College?

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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