The Federal Court of Canada issued its decision in the litigation between Access Copyright and York University. The text of the decision is available online. UNB along with most institutions across the country are currently reviewing this decision to determine what impact it might have on our established Copyright policies and procedures.
When you are copying and/or distributing copyrighted materials at the request of others, keep in mind the following considerations: substantial versus insubstantial copying, fair dealing, and licences.
Advise instructors that the Course Reserves system is a risk-free way to provide easy access to readings for students that allows library staff to look after all copyright aspects of Course Reserves.
Substantial versus insubstantial reproductions
An author's rights and protections under the Canadian Copyright Act are invoked only when a substantial portion of his or her work is reproduced. Insubstantial reproductions do not activate copyright protection. Even if the amount reproduced is substantial, you may still be permitted to use it without permission or payment under fair dealing.
For the purpose of research, private study, education, parody or satire, criticism or review, and news reporting fair dealing does not infringe copyright. Under fair dealing, you can provide short excerpts of copyrighted content to students and faculty via handout, e-mail communication, D2L, lecture presentation, and classroom display.
Specific examples of short excerpts are:
- a copy of an article from a scientific, technical, or scholarly periodical;
- a newspaper article;
- an entry from an encyclopaedia, annotated bibliography, or similar reference material;
- a short story, play, poem, or essay from a publication containing other works.
UNB's Licensed Electronic Resources
A large volume of materials purchased by UNB Libraries are governed by licence agreements that extend beyond what is possible under the Copyright Act. Licenced electronic resources allow for the distribution of materials to students and can be delivered by means such as Desire2Learn, Zotero, or Reserves. Check if the material you are copying/distributing is already available under an electronic licence.
Steps to being smart about copyright
If you are asked by faculty or university administration to copy and/or distribute copyrighted materials, ask yourself:
Does the copying fall within one of the eight specified purposes of the Fair Dealing Exemption? These are research, private study, criticism, review, news reporting, education, satire, and parody.
Proceed to the next step.
Obtain copyright permission/clearance or contact firstname.lastname@example.org or call us at 447-3378.
Is the material I am copying more than a “short excerpt”?
Use the definition of short excerpt to gauge the length of your copied material. You can distribute a short excerpt of a copyrighted work to students and faculty in whatever format you see fit.
Is the material I am copying owned or licensed by UNB Libraries?
A large volume of materials purchased by UNB Libraries are governed by licence agreements that extend beyond what is possible under the Copyright Act. Licensed electronic resources allow for the distribution of materials to students and faculty and can be delivered by means such as Desire2Learn, Zotero, or Reserves. Check with the Copyright Office if the material you are copying/distributing is already available under an electronic licence.
Copyright Notice for Photocopiers, Scanners, and Printers
Place the following copyright notice at the photocopiers, scanners, and printers in your department.
Administrative Copying Outside the Fair Dealing Policy
Administrative copying of copyright-protected works that is made for the governance or administration of the university or a faculty or department of the university does not fall within fair dealing. For such administrative copying it is necessary to secure the permission of the holder of copyright. Such permission may be available through one of the university’s digital licences or obtained by way of a transactional licence. For further information contact email@example.com or call us at 447-3378.