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COPYRIGHT
What’s New: Information for Authors about the Google Book Settlement in the United States
About Access Copyright | Frequently Asked Questions | Canadian Copyright Information | Other Resources
Copyright means the right to copy. Owners of copyright are the only ones allowed to copy their works or give permission to others to copy their works. Obtaining permission to copy a work was very difficult until the copyright collective Access Copyright was established to license public access to copyrighted material. Through licenses with individuals and organisations, this agency allows copying for a fee and in turn distributes royalties to the owners of copyright.ABOUT ACCESS COPYRIGHT
The UBC Access Copyright license outlines the circumstances under which students, faculty and staff of UBC are allowed to copy works without having to obtain permission. Copying right: A guide for Canada's universities to copyright, fair dealing and collective licensing explains some aspects of the license. A brief summary of the Copying Guidelines has been prepared by Access Copyright. General information is available on the Access Copyright web site.
FREQUENTLY ASKED QUESTIONS
- Can I photocopy an article for my class?
Yes, if the article is not an entire work. The Terms of Copying in the UBC Access Copyright Agreement permits the copying of one copy for each student and two for each professor (s. 4) of a complete article from a book, periodical issue, or conference proceedings if the item contains other works (s. 2).
- May I digitize an article for my WebCT course?
If you are the copyright owner, yes. If you are not the copyright owner you must have permission to digitize the article from the copyright owner. The UBC Access Copyright Agreement covers print materials only. The doctrine of fair dealing for research or private study likely would not extend to digital formats.
- Is it ok to photocopy a piece of sheet music?
No. Section 30.2(3) of the Copyright Act specifically excludes musical work from the research or private study exception. The UBC Access Copyright License does not cover "print music published for use by choirs, orchestras, bands, similar groups and individual performers whether religious, instructional, professional or recreational" (s. 3(o)). But the Terms of Copying in the UBC Access Copyright Agreement does permit the copying of "an entire single item of print music from a book or periodical issue containing other kinds of work".
- What is meant by ‘fair dealing’?
Fair dealing is a defence to copyright infringement. The law allows the use or reproduction of a work for the purpose of research, private study, criticism, review, or news reporting (Copyright Act, ss. 29, 29.1, 29.2). For criticism, review, or news reporting, the source and author, performer, maker, or broadcaster, if given in the source, must be mentioned. Fair dealing is not further defined; courts decide based on the facts of each transaction. It is often a matter of impression and determining if the use interferes with the economic market for the original work. This area of law is uncertain and is less expansive than the "fair use" doctrine found in American law. For greater certainty, students and faculty may copy under UBC's Access Copyright License which goes beyond the fair dealing provisions of the Copyright Act. The terms of copying may be found in Schedule C of the Access Copyright Agreement.
CANADIAN COPYRIGHT INFORMATION
Copyright issues are often complex. For general information, links to legislation and other useful information, try the Canadian Heritage Copyright site. The Canadian Intellectual Property Office contains a very useful guide as well as copyright circulars. The Copyright Board of Canada site provides links to decisions, legislation and other useful information.
OTHER RESOURCES
- Access Copyright has designed three copyright information brochures to help licensees share the terms and conditions of the license agreement with their students, faculty and administration staff, and librarians. These brochures are available in PDF format, and have been designed to allow institutions to customize them with their own school logo and contact information. Copies of these brochures can be downloaded here:
- UILO: The University-Industry Liaison Office provides an overview of copyright for UBC faculty, students and staff, with a focus on research and technology transfer.
- For more information, please contact Sandra Wilkins.
Last modified:
Aug 13, 2009