Copyright is a bundle of exclusive rights that adhere to an author when they fix a creative expression in a tangible medium (e.g. using a computer to write an article, record a performance on video, capture an image with a camera).
These rights include reproduction, distribution, display, performance and modification of the work. Unless your use of someone else's copyrighted work falls under a specific exemption, you must get permission before using the work.
You can find comprehensive resources through the Dalhousie Copyright Office.
Licenses grant users permissions. They can be for one specific use or negotiated collectively. Licenses sit on top of, rather than replace, copyright.
Creative Commons is a form of licensing that gives users permission to use a creator's work, under conditions of their choice. A work that is under copyright can also have a Creative Commons license.
A creator can apply a Creative Commons license to their copyrighted work. This lets others know that the creator is waiving some default copyright restrictions while requiring compliance with certain terms (such as attribution). Only the CC# license, which dedicates a work to the public domain, removes all terms attached to a work.
See Creative Commons for more information.
Fair Dealing permits the limited use of copyright protected material without the risk of infringement and without having to seek the permission of copyright owners, per section 29 of the Copyright Act of Canada. It is intended to provide a balance between the rights of creators and the rights of users.
Read more about Fair Dealing through the Dalhousie Copyright Office.
Copyright permissions must be established prior to uploading full-text articles and other works to Schulich Law Scholars.
Step 1: Create a bibliography of works for submission.
Step 2: Confirm each submission was created while the author/creator worked or studied at the Schulich School of Law, Dalhousie University.
Step 3: For published articles, search Sherpa/RoMEO for copyright policies of the appropriate journals.
Sherpa/Romeo is an online resource that aggregates publisher and journal open access policies from around the world. As of 2020, Sherpa/Romeo included policy information from over 4,250 publishers.
If no information is available in Sherpa/RoMEO, review the journal publisher's website about Open Access posting. As appropriate, contact the publisher in writing to request permission to self-archive in Schulich Law Scholars. Copies of letters granting copyright approval to post full-text content in Digital Commons must be sent to: firstname.lastname@example.org.
Step 5: If Sherpa/RoMEO, the publisher website, or a letter from the publisher denies copyright permission, the work may not be uploaded to Schulich Law Scholars.
Step 6: For book chapters and conference proceedings, contact the appropriate publisher to request copyright permission. Copies of letters granting copyright approval must be sent to: email@example.com
Step 7: Once copyright permissions are established, send your work to the Sir James Dunn Law Library and librarians will oversee the addition of new content to ensure consistency in metadata and the location of the original file.
Additional questions about checking copyrights? Contact firstname.lastname@example.org for assistance.
What's what when it comes to determining which version of your peer-reviewed article can be uploaded to Schulich Law Scholars?
Author’s Pre-print = Pre-refereed paper, prior to any edits (aka Submitted Version in Romeo)
Post-print = Author's accepted version (i.e. the final draft with all edits post-refereeing; no formatting)
Publisher's version = Publisher's formatted pdf (i.e. the published version the publisher paid to format).