Copyright
This page will address the following:
Copyright
Copying print items
Copying non-print formats
The SCC Six-point test
Copyright means that artists, writers, reporters, publishers and other creators have the sole right over the use of their material. Once an item is in a fixed form and is considered to be a legitimate work, it is covered by copyright, regardless of whether it is stated on the work or not. Simply put, all works are protected by Copyright law. For students, copyright applies mostly to the act of copying - either by a photocopier or a recording device or by an iPhone or by scanning.
Over the past decade, balancing the rights of users and copyright holders has been the subject of much debate with regard to copyright law and its practical implications. This has resulted in legal challenges, updated Federal copyright legislation, and Supreme Court of Canada decisions. This milieux places both libraries and users in a difficult position over what is an allowable amount of copying, and what amount of copying requires permission to copy or the payment of royalties. This affects not only a student's research , but also an instructor's course planning when it comes to course readings - whether it is paper copies distributed in class, a copy loaded on to a course's Moodle page, or items placed on course reserve.
However, such concerns do not apply to resources like periodical database full-text items, since the copying or sharing of these items is made possible by vendor licensing agreements​
Copying Print Items
The library suggests the following guidelines to students. For print items these are posted above the library photocopier. More detailed guidelines for a variety of formats are provided below. If you have any questions about copyright, please feel free to ask the librarian.
The percentage refers to the total of numbered pages.
Students may copy​
- up to 10% of a periodical issue or one entire article, whichever is longest
- up to 10% of a reference title or one entire entry, whichever is longest
- up to 10% of a book, or, one entire chapter provided the chapter is not more than 20% of the book
- an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, or plan) from a work containing other artistic works
- an entire single poem from a work containing other poems
​
Please note: This type of copying refers to one-time copying only. It does not allow for the cumulative copying of an item over a period of time.
Copying Non-print Formats​
Internet Images are more difficult to determine. The rule of thumb is to assume that any images on the internet are copyright protected. Google images, for example, should not be copied for assignments, papers, or class presentations without permission from the copyright holder. However, this is very difficult to determine as images on the internet can take on a life of their own due to their distribution. An alternative is to go to photo databases such as Flickr. Here, images are often attached to creative commons licenses, which allow for their copying and editing under specified conditions. If used, it is important to follow these license requirements.
​
Movies and sound recordings cannot be copied at home, but may be shown or played in class provided a legitimate copy is used. Movie clips may be copied, provided they are not more than 10% of a single scene. A sound recording clip of a single work may be copied provided it is not more than 10% of the extended single work. Length of time is the form of measurement in these instances.
​
Digital resources means that the circumventing of digital protection measures is illegal.
​
Internet material such as web pages or works, may be reproduced, communicated or performed unless that act is prohibited by a clearly visible notice on the website or the work itself. Internet resources where access is restricted cannot be used in class presentations.
​
Some alternatives available to students are to use resources made freely available to the public such as publicly accessible websites; to use resources available on library subscribed databases; or to use items in the public domain. Another option, is to point to a website or a web-based resource by referring others to its URL so they can retrieve it themselves.​
The Supreme Court of Canada Six-Point Fair Dealing Test
These points center around the concept of Fair Dealing. They are the result of a case brought before the court in 2004.
The six-points are meant to guide the courts in the matter of a copyright dispute. The concept of Fair Dealing allows for exceptions to copyright law in certain circumstances. As stated on the Laurentian University Library website:
The copying of a limited, though not insubstantial, amount of a work for certain purposes may be considered “fair dealing” and, as such, will not require a user to ask permission of a copyright holder or to pay a royalty.
According to the Copyright Act (see Section 29), the allowable purposes of copying as fair dealing are: (a) research, (b) private study, (c) education, (d) parody or satire, (e) criticism or review and (f) news reporting.
- https://laurentian.ca/policies-accountability/copyright
​
The Court's six-points, do not advocate for whole sale copying of a work, but allow for copying within certain circumstances where a case can be made for fair dealing. These points must be considered together. There are no hard and fast rules. Fair dealing must be seen within a shifting range of circumstances, perspectives, and purposes, i.e. on a case by case basis. This can mean the difference between one situation where copying is considered fair, and another situation, where the same type of copying is considered unfair.
​
The Six-points:
The purpose of the dealing
This refers to the allowable purposes quoted above. In an academic environment, research, private study, criticism or review, and education, are allowable purposes for copying.
The character of the dealing
This means how a work is dealt with when copying. It includes not only, say, the number of copies made, but also the purpose behind making copies and the actions resulting from that.
​
The amount of the dealing
This not only takes into account the amount taken from a work - in whole or in part, but also factors in the importance of a work. Example: scholarly criticism about the work of a photographer may justify copying a book of his photographs. However, a newspaper review of a popular fiction title may not justify copying the entire book.
​
Alternatives to the dealing
This applies to the existence of alternatives to a copyrighted work. Are there equivalents available that are not copyrighted that could be used? It also applies to the argument of necessity and whether it can be justified.
​
The nature of the work
Is it an unpublished work? Is it confidential in nature? Example: reproducing a government report that was meant to be kept from the public, or reproducing an unpublished creative work to give it and its creator more public exposure.
Effect of the dealing on a work
This takes into account whether copying a work could disadvantage, or adversely affect, the copyright holder in a marketable way. Example: a decrease in a publisher's book sales.
Adapted from the SCC decision: CCH v. Law Society of Upper Canada, 2004