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Copyright Guide for Faculty: The Basics

What is Copyright?

Copyright is the exclusive right to allow others to publish, adapt, reproduce, and to perform in public a literary or artistic work, for any purpose. Essentially, it is the "right to copy". In Canada, copyright is a federal responsibility, and its rules are set out in the Copyright Act.

Copyright protects the tangible expression of ideas. Once a work has been written down, recorded, performed, and saved electronically, it is automatically protected by copyright. You do not need to apply for copyright protection in Canada. However, it can be useful to register your work or add a copyright symbol (©) to make it clear to others that your work is under copyright.

Assume all work is covered by copyright unless there is information with the content that says otherwise.

The Public Domain

The public domain refers to works that are free from copyright protection. Anyone may use these works without asking for permission or paying royalties.

In Canada, works enter the public domain 70 years after the creator's death (on January 1st of the following year). This is called the "life +70" rule.

Works can be in the public domain for many reasons:

  • Because the term of copyright protection has ended;
  • Because the work was not eligible for copyright protection in the first place; or
  • Because the copyright owner has waived their rights and allowed the work to enter the public domain.

In some cases, a work may enter the public domain but a specific edition or image of the work may still be under copyright. 

Copyright Decision Tools

How to Copy Legally

The Copyright Act balances the rights of creators (who want to benefit financially from their work) with the rights of users (who want to use artistic works and create new ones). For this reason, there are specific ways for people to legally use otherwise copyrighted works without permission or payment.

Fair Dealing

Fair Dealing is an exception in the Copyright Act that allows limited copying for the purpose of research, private study, review, criticism, review, news reporting, parody, satire, or education. See the Fair Dealing tab for guidelines.

Educational Exceptions

The Copyright Act includes exceptions for educational institutions to make use of copyrighted works for specific purposes under certain conditions. See the Educational Exceptions tab for guidelines.

Links

Sharing an internet link does not constitute "copying" and does not require permission or payment. The source of the link must be indicated.

Public Domain

Works in the public domain are no longer protected by copyright and therefore can be freely copied.

Open Access Material

Copyright owners may waive some or all of their rights under an open access or creative commons license. This includes Open Education Resources and works placed in Institutional Repositories. Open access materials can be copied with minimal restrictions. Make sure to check the conditions of the associated license before copying. See the Open Education Resources guide for more information.

Government of Canada Works

Materials published by the Government of Canada can be reproduced for personal or public non-commercial purposes unless indicated otherwise. This includes federal statutes and regulations and the decisions of courts and tribunals.

The Government of BC maintains copyright of its own materials.

Modifying/Adapting Works

Creating a new work may involve modifying or adapting an existing work (this is called creating a "derivative" work).

Quoting, Paraphrasing, and Summarizing

You may quote, paraphrase, and summarize in your own words without permission, as long as you cite your sources.

If quoting, paraphrasing, and summarizing for a purpose included under fair dealing, you may be permitted to copy up to 10% of the work. See the Fair Dealing tab for guidelines.

Modifying or Adapting

Modifying or adapting a work may only be permitted if the work uses a creative commons license (other than a CC BY-ND or CC BY-NC-ND license).

If you are using a substantial portion of a work you will need permission to adapt the work, and you must credit the original creator.

If you are using an insubstantial portion of a work you may not need permission. For further information, publishers sometimes provide guidelines on their websites as to what constitutes an insubstantial amount.

If your work is entirely new but has at its core an idea of concept attributed to another's work then you do not need to seek permission. You must cite the work as "based on" the original work.

Copyright Infringement

Copyright infringement is a violation of the Copyright Act. If you infringe copyright, you will be held liable for that action. While criminal penalties are usually reserved for piracy for profit, civil penalties, including an order to pay damages or an injunction to cease infringing, can be imposed for other types of infringement. Monetary damages could be awarded to the copyright owner for loss of income associated with the infringement or for other losses.

The person who actually infringes the rights of the copyright owner will be held liable for the infringement, whether that person is a student, staff member, or faculty member.