COPYRIGHT FOR FACULTY
Note: this page will be updated on a regular basis
University Copyright Information 2012
Copyright protects literary, artistic, dramatic and musical works, as well as sound recordings, performances and communication signals. Copyright is implicit in books, articles, posters, manuals and graphs, CDs, DVDs, software, databases and websites. Copyright subsists as soon as an original work is created. The well-known copyright symbol © need not be present on a work for it to be protected and copyrights can be registered with the Canadian Intellectual Property Office; however, registration is not required for a work to be protected.
The Copyright Act grants the owner the exclusive right to produce or reproduce a substantial part of a work in any form. The exclusive rights of a copyright owners are balanced by user rights which take the form of exceptions within the Act and limitations on the term of copyright. The Act contains exceptions (to infringement) for libraries, archives, museums, educational institutions and the public which permits some uses of copyrighted works without permission from the owner. The rights and exceptions within the Act are an attempt to strike a balance between owners' rights, which ensure compensation and provide an incentive for the creation of original works and those of users', by allowing use of works for purposes such as research, criticism and news reporting to ensure that intellectual freedom is not unduly constrained.
Use of copyrighted materials at OCAD University is covered by the Canadian Copyright Act as well as the licenses or agreements the University has with copyright owners and representative organizations.
The Copyright Act sets out what can and can’t be done with copyrighted materials.
The Copyright Act contains a “fair dealing” exception which allows a certain amount of copying to be done for research, private study, criticism, or review, with consent of the copyright holder. See the Fair Dealing Guidelines below.
Access Copyright is a copyright collective society, which administers the rights of many copyright owners (authors and publishers) and is able to provide limited reproduction rights to academic institutions and their users. Academic institutions that sign an agreement with Access Copyright pay an annual fee that authorizes much of the photocopying which is required by students, faculty and staff and permits limited copying for personal use and for teaching and research purposes. Please see “Direct Permission to Copy” below for information on Exclusions.
Members of the OCAD U community may make one copy per student plus two for the instructor for personal use and/or for teaching and research purposes, and such number as are required for administrative purposes. Faculty or librarians can make multiple copies (we suggest 1 copy per 30 students to a maximum of 5 for 150 students or more) of a work to put on reserve. Students may make one photocopy of the reserve item for themselves. A course pack (bound, packaged or assembled photocopies from more than one publication) may be placed on reserve in the library but no further copying of the course pack is permitted.
All members of the University community are responsible for informing themselves about the parameters of both Canada's Copyright Act and the institution's Access Copyright agreement, and for ensuring that any copying they do in connection with their University activities complies with these guidelines. A summary of the provisions of the Access Copyright agreement is posted adjacent to every photocopier.
Copyright, including implied copyright, is held by the creator of a work, unless and until the creator signs the copyright over to another individual or body. In the case of published works, copyright is usually held by the publisher. No other individual may copy protected works without permission from the copyright holder, regardless of the use for which the copies are intended, except within the limitations permitted by the Access Copyright agreement.
Academic creators must be mindful of the fact that if, in the course of publishing their research or writing, they have signed over copyright to a journal or publisher, they no longer have the right to copy and distribute the information with impunity. Rather they must adhere to relevant legislation and agreements unless specific exemptions have been included in the agreement with the publisher or journal.
Copies of information protected by copyright may not be sold. The Access Copyright agreement provides for the creation of 'course packs' upon payment of a per-copy fee.
OCAD U has a contract with Canadian Scholars Press Inc. (CSPI) to provide course packs and to provide required reports under the terms of the Access Copyright agreement. The contacts are:
- Jillian Ness
Sales and Customer Service Representative
Canadian Scholars' Press Inc.
180 Bloor Street West, Suite 801 Toronto, Ontario
T: 416-929-2774 ext. 14 F: 416-929-1926
- Ken Walton,
- Manager, 317c-The Store for Computers & Books
100 McCaul St. Rm. 317c, Toronto ON M5T 1W1
Voice: 416-977-6000 ext. 360 (Store) & 361 (office & voice mail)
The Library provides a print reserve service that complies with copyright legislation. To place materials on the reserve shelf for use in the Library, contact Lee Henderson firstname.lastname@example.org.
What You Can Copy under the Access Copyright Guidelines
Up to 10% of a printed published work may be copied, and the following may be copied even if they exceed 10% of the full work:
- works whose copyright is owned by OCAD U (excluding individual copyright holders)
- an entire newspaper article or page
- an entire short story, play, poem, essay or article from a book or periodical issue containing other kinds of works
- an entire single item of print music from a book or periodical issue containing other kinds of works
- an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference work
- an entire reproduction of an artistic work from a book or periodical issue containing other kinds of works
- an entire chapter which is 20% or less of a book
Direct permission to copy must be sought from the copyright holder for:
- works for which copyright no longer subsists in Canada
- instruction manuals including teachers' guides
- government publications: federal, provincial, crown
- works on the Access Copyright exclusions list
- originals of artistic works photonegatives and transparencies, mounted or unmounted
- publications containing a notice expressly prohibiting copying under licence with a Reproduction Rights Organization
- works intended to be used and replaced such as published workbooks, workcards, assignment sheets, tests
- examination papers
- unpublished works
- publications containing commercially viable proprietary information, such as newsletters
- most print music (including music published for use by choirs, orchestras, bands, similar groups and individual performers, whether religious, instructional, professional or recreational)
- letters to the editor and ads in newspapers, magazines or periodicals
For a complete listing of Access Copyright guidelines: www.accesscopyright.ca.
Other Copyright Resources:
- Canadian Copyright Act
- Canadian Library Association-Copyright Information Centre
- Canadian Intellectual Property Office
- World Intellectual Property Organization
OCAD U Library - Electronic Resources
Use of the electronic resources to which OCAD U subscribes is governed by licensing agreements between the University Library and the vendors of these resources. These agreements limit use to authorized members of the OCAD U community (OCAD U students, faculty and staff) for education or research purposes only. Generally, the licenses exclude alumni, and the community at large, but do permit occasional, "walk-in" users in the library.
In accordance with Canadian copyright law, commercial use and systematic downloading of entire journal issues, large sections of electronic textbooks or electronically transmitting online content to mailing lists or electronic bulletin boards is strictly prohibited.
As an authorized OCAD U user it is your responsibility to ensure that you always use these resources according to these stipulations. Specifically, you must abide by the following conditions:
What you may NOT do:
- You may not use these resources for any commercial purpose.
- You may not share your right to access with any other person or organization.
- You may not, as per copyright law, download, distribute, or retain entire issues or volumes of electronic resources or similarly substantial portions of information provided.
What you MAYor MUST do:
- You may download, view, copy and save to hard disk or diskette and store or print out single copies of individual articles (NOT ENTIRE ISSUES) for education or research purposes only.
- You must read and agree to the terms of the license or copyright agreement for each specific resource whenever such an agreement is available.
Unauthorized use may result in the suspension of access to materials and disciplinary action by the publisher.
Using of Durable Links, or Persistent URLs
Several major database publishers are now offering durable links to articles. To bring up articles, the student simply clicks on the link and the articles will appear. OCAD U is already paying for access to many source databases, so by using durable links, rather than downloading or cutting and pasting articles, materials can be used without fearing infringement of copyright.
For assistance identifying durable links and prepending the required link with the OCAD U Library’s proxy server address, contact Topher Elliott email@example.com
Library staff have prepared a preliminary guide to help faculty who wish to source digital content for their courses. http://www.ocadu.ca/Assets/pdf_media/Dorothy+H.+Hoover+Library/Reserves_Guide.pdf
The OCAD U Library is currently developing an E-Reserves Service that will provide more assistance and support to enable faculty to clear copyright and post durable links to the Learning Management System (Canvas). We will commence rolling out this service in 2013 with more detailed guidelines. Until then, it is highly recommended that OCAD U faculty use either the Library’s print reserve service or the CSPI course pack service.
The OCAD U Library has purchased a license to allow you to show most (but not all…) home use only feature length films in the classroom.
This means that in addition to the specialized videos and dvds available in the Library collection (which are purchased with educational use licenses whenever possible), you can borrow/rent home use only videos or dvds from the public library or a video store, or bring in personal copies of movies, and use them in your classroom.
In order to qualify for legal use, the videos/dvds that you borrow or rent from sources outside the OCAD U Library…
- must appear in the database of titles covered by the VEC/Criterion license;
- must be used for educational purposes on OCAD U campus.
Additionally, you must submit the following information to OCAD U Visual Resources, so the appropriate royalties can be paid:
- title of the movie,
- number of students who viewed the movie.
For more information about the site licences, please contact Victoria Sigurdson firstname.lastname@example.org
Content Not Requiring Direct Permission
Creative Commons Licensing:
- Get content without having to seek permission by searching Creative Commons or Creative Commons Canada licensed archive of text, videos, images, music and media.CC-licenses work alongside copyright and still require that the source of the content is cited accurately.
- Consider sharing knowledge more freely by using one of the various non-exclusive Creative Commons licenses.
Last Modified:9/14/2012 4:11:54 PM
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