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Copyright

A guide to copying and digitization at Brandon University

Current Copyright Legislation


In 2012 the Canadian Government passed the Copyright Modernization Act.  It is the most current copyright law.

Guide to Fair Dealing


It can often be tricky to determine whether something you want to do falls within fair dealing.  The  Copyright Modernization Act (C-11)  includes education as a fair dealing “Purpose”.  Consequently, anyone using content for this purpose can skip to Step 2 to determine if the use is “Fair” as part of the two-factor Fair Dealing Analysis .  

Ultimately, it will depend on your particular circumstances and you have to make a judgment call as to whether your use can be classified as fair.


STEP 1:   CHECK WHETHER YOUR PURPOSE IS A PERMITTED PURPOSE
Are you using the work for the purpose of:

  1. Research
  2. Private study
  3. Education, Parody or Satire
  4. Criticism
  5. Reviews
  6. News reporting

YES → Continue to step 2

NO → Check whether use is covered under:

  1. Any other Copyright Act exception
  2. Library licences for electronic journals and databases
  3. Cinematograph film licence
  4. Any other agreement


STEP 2:   CHECK WHETHER YOUR USE IS “FAIR”
Is the nature of the dealing fair?

 

 
Less Fair
More Fair

 

Purpose

 

 

 

 

 

 

 

 

 
Commercial
Charitable / 
Educational

 

Character of the dealing

 

 

 

 

 

 

 

 

 
Multiple copies
Single copy
 
Widely distributed / 
repetitive
Limited distribution /
one-off

 

Importance / amount of work copied

 

 

 

 

 

 

 

 

 
Entire Work / 
Significant excerpt
Limited / 
trivial amount

 

Effect of dealing on the original work

 

 

 

 

 

 

 

 

 
Competing with 
original work
No detriment 
to original

 

Nature of the work

 

 

 

 

 

 

 

 

 
Confidential / 
unpublished
Published / 
in public Interest

 

Available alternatives

 

 

 

 

 

 

 

 

 
Non-copyright works 
available
No alternative 
works
 
Not necessary for 
purpose
Necessary to achieve 
purpose
 
 

Attributed via Creative Commons Licensing to:    University of Waterloo. (2011). Copyright FAQ. Retrieved July 27, 2011 from  http://www.lib.uwaterloo.ca/copyright/fair_dealing_guide.html 

Fair Dealing Decision Tool


The Fair Dealing Decision Tool helps teachers decide whether "fair dealing" permits classroom use of print materials, artistic works, or audiovisual materials without first getting copyright permission.  It is very useful.

Copyright Open Educational Resources for University Instructors and Staff


The University of Alberta has released a series of videos about Copyright in Canada.  
 

The Canadian Association of Research Libraries has released several modules related to copyright in higher education.   Each module consists of a short video followed by a short quiz.

Access Copyright and Brandon University
 

As of July 1, 2012 Brandon University entered into an agreement with Access Copyright based upon the Model Licence negotiated by the Association of Universities and Colleges of Canada (AUCC) and Access Copyright.  A quick guide to what is allowed under this license can be found at this link.

 

 

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Carmen Kazakoff-Lane
Contact:
Carmen Kazakoff -Lane, Scholarly Communications Librarian
John E. Robbins Library - ( LB 2-19 )
270-18th Street
Brandon, Manitoba
R7A 6A9

VIDEOCONFERENCING:
*Microsoft Meetings: Kazakoff@brandonu.ca
*Zoom Invite to Kazakoff@brandonu.ca

Blog:
https://hsscommons.ca/en/members/2009/blog
Ph: (204) 727-7483
Website Skype Contact: Kazakofflane