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Copyright

Providing easy access to help navigate the ins and outs of Canadian Copyright Law. Information contained herein is just that, and should not be a substitute for legal advice.

Fair Dealing Guidelines

(February, 2013): The University has approved Fair Dealing Guidelines. These guidelines, developed by AUCC, applies fair dealing in non-profit universities and provides reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court of Canada decisions from July 2012.

You can access the Fair Dealing Guidelines here.

Important Notice

Bill C-11, the Copyright Modernization Act, has been enacted with the full force of law. The changes it introduced are some of the widest and most sweeping in decades. The consumer oriented provisions in effect include:
 

  •     The addition of education, parody and satire as fair dealing purposes.
  •     User generated content (i.e. mashups) are now protected as well as the websites that host them.
  •     New consumer exceptions for practices such as time shifting, format shifting, and the making of backup copies.
  •     An exception for publicly available materials on the Internet for education.
  •     A technology neutral approach to the display of materials. The previous law was limited to overhead projector or manual reproduction.
  •     A new distance learning provision, tempered by a requirement to destroy teaching materials at the conclusion of the course, if the provision is utilized.
  •     A restrictive digital delivery model for interlibrary loans.
  •     A new exception for public performance of films in a classroom setting which should reduce the need for licensing of such materials.


As well, the sections of Bill C-11 that deal with ISP's and the "Notice and Notice" takedown system proposed in the legislation came into effect on January 1, 2015. More information about "Notice and Notice" can be found on Industry Canada's website.

Additional commentary and analysis on Bill C-11 is also provided via Michael Geist's blog.

Disclaimer

Information provided throughout this LibGuide is intended for informational purposes only and should not be taken to be legal advice.  When in doubt, consult with Copyright Office staff or obtain a separate legal opinion.

Retaining Your Copyright as an Author

For complete information on strategies for retaining copyright in your own work, (including the SPARC author addendum) please see the publisher policies tab of the Dalhousie Libraries' Open Access Subject Guide

What Am I Allowed to do? - Updated

  • Provide a class of your students with a single copy from a copyrighted work (ie, journal article or chapter from a book).
  • Post a link to a copyrighted work on a Blackboard site so students can access it.
  • Download a PDF of a copyright protected work and then upload it into Blackboard for students to access (See the Fair Dealing Guidelines tab).
  • Place a book on reserve in the library for my class.
  • Show a film in class for educational purposes.
  • Show a film from the National Film Board website as a streaming video in class.
  • Show a YouTube video in class.
  • Print and copy an array of copyrighted works, assemble them into a coursepack, and sell them to students without ensuring that clearance has been obtained from the copyright holders (See the Fair Dealing Guidelines tab).

What Am I Not Allowed to Do?

  • Make a copy of an entire copyright protected work, such as a play or novel, that was published as a volume on its own.
  • Make a copy of an entire textbook.
  • Download a copyright protected video from the internet and distribute the file to students without determining if such actions are permissable.

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