LibAnswers: Copyright

Overview

If the work is on Copibec's Exclusions List, or if your use of the work extends beyond the exceptions in the Fair Dealing clause, you need to ask for permission from the copyright holder. 

Copibec's Exclusion List

Review Copibec's Exclusions List. Is the publisher, author, or specific work on the list? Then you must ask for permission. You can ask for permission directly through Copibec. Please visit the library before proceeding with a request. 

Work Beyond Fair Dealing Clause

Fair Dealing and the Canadian Copyright Act According to the Fair Dealing Clause of the Copyright Act, you are exempt from needing to obtain permission if your usage falls under one of the categories below AND is considered “fair” use. First of all, does your reproduction or use fall under one of the categories below?

1. Research
2. Private Study
3. Education
4. Parody
5. Satire
6. Criticism or Review
7. News Reporting

While materials used in the classroom may pass the first test – they fall under “Education” – you have to determine if the use is “fair.” To determine whether or not the work is being used fairly, you need to consider the following:

1. The purpose of the dealing (Is it commercial or research / educational?)
2. The character of the dealing (What was done with the work? Was it an isolated use or an ongoing, repetitive use? How widely was it distributed?)
3. The amount of the dealing (How much was copied?)
4. Alternatives to the dealing (Was the work necessary for the end result? Could a different work have been used instead?)
5. The nature of the work (Is there a public interest in its dissemination? Was it previously unpublished?)
6. The effect of the dealing on the original work (Does the use compete with the market of the original work?)*

Essentially, you can’t use a substantial part of the work (follow Copibec’s usage limits), you should make sure there isn’t an alternative that could work just as well, and you must use it within the institution for your students.

*Information in this section is retrieved from Simon Fraser University. Used with permission under the Creative Commons Attribution-NonCommercial 4.0 International License.

How do I ask for permission?

In some cases, you can ask for permission directly through Copibec, as discussed above. Other times, you will need to identify the copyright owners and ask them directly. Once you have identified the copyright owner, you want to get written permission (via email or letter). You should consider the following information and include the appropriate details in your request:

• Be specific about the rights you would like and share details like how and where the content will be used. 
  • Will it only be made available to registered students, or a wider audience?
• For how long would you like the rights? 
  • Will it be used for a single workshop, or posted online into perpetuity?
• Indicate whether you want exclusive or non-exclusive rights (typically you will ask for non-exclusive)
  • A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner.
  • A copyright non-exclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.
• Ask what conditions you need to meet for the use
  • You should always cite the source, regardless of this is a condition or not
  • You may be asked to pay a fee

Note: If you’ve located the copyright owner, but get no response that doesn’t mean you can use the work! You must get permission from the owner. If they choose to ignore your request, it’s their right to do so. If you are having difficulty obtaining permission, please visit the library for assistance.