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Copyright: Introduction

This guide provides information to Capilano University employees and students regarding copyright, license agreements, and related topics. This guide does not provide legal advice.

Introduction

The copying and use of all materials at Capilano University is governed by the Canadian Copyright Act, guided by the University's Fair Dealing (Copyright) Policy, and - in the case of subscribed electronic resources - regulated by individual licenses.

This guide is primarily for instructors to facilitate the appropriate copying, distributing, and sharing of materials in an educational setting and covers:

  • The current state of copyright & fair dealing;
  • eResource (databases, electronic journals, articles, and books) Licensing requirements;
  • How to use copyright protected and licensed materials in your physical and digital classroom;
  • How to place copies on reserve in the library;
  • Where you can go to learn more; and
  • New ways to use and share information with your students and colleagues.

What has changed?

In accordance with recommendations from Association of Canadian Community Colleges' (ACCC) Legal Council Capilano University has not extended its licence agreement with Access Copyright.  A Fair Dealing (Copyright) Policy combined with copyright compliance processes and procedures will now be used when making and distributing copies of materials.

This decision was based on introduction of the Copyright Modernization Act (Bill C-11), the majority of which came in to force on Nov. 7, 2012, and recent Supreme Court of Canada decisions which support broader educational uses of copyrighted material. These factors, in addition to Capilano's extensive collection of licensed resources, provide faculty and students with the ability to access a wide range of materials for teaching and learning.

In accordance with Fair Dealing Guidelines, brief excerpts of copyrighted material may be used without further permission.  Examples of brief excerpts could be one chapter from a book, one periodical article, or one item from an anthology.

Beyond the restrictions outlined in the Fair Dealing Policy, Faculty and Staff must contact the Copyright Officer so that it can be determined whether or not the dealing is fair.  If it is not, the Library will request a transactional license from the publisher or copyright owner.

As part of Capilano's compliance mechanism, the University's Copyright Officer may, from time to time, conduct surveys of anonymized data in Moodle and of course packs to ensure that all copying conforms to the guidelines.

Attribution

Creative Commons License
Capilano University Library Copyright Guide by Capilano University Library is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License.

This guide was developed, in part, from material and assistance from: