For some of you questions have come up about how copyright rules have to be applied in these extraordinary times. Please be aware that Copyright law is still in effect and no exceptions are being made.
However, the Fair Dealing provision allows for a fair bit of flexibility in times of emergency. The main factor is whether the proposed use of a resource is considered “fair”.
How to decide whether dealing is Fair?
Normally, this means that we recommend not using more than 1 chapter or 10% of a book, or 1 journal article out of an issue, a single poem, etc.
The general rule of thumb is to take no more of a work than is necessary to achieve the purpose. Clearly, the extraordinary events of Covid-19 create new necessities of purpose. For copies made to support rapid adoption of remote teaching, users should be thoughtful about this factor, but not agonize over it: a dealing can be fair as long as it reproduces what is reasonable to serve the purpose.
Also, it would not be reasonable to expect students to purchase additional materials in the middle of a semester. In the current emergency circumstances and with the time constraints to moving material online, alternatives may be more difficult or impossible to find in order to meet the needs of your students.
This means that if you need to scan a couple chapters of a textbook and upload them to Moodle for those students who were using the Library Course Reserves, that is likely considered fair dealing for courses that are running this semester. This is likely not valid for the Summer semester starting in May.
A few general principles should be followed by way of exercising good faith and mitigating risk:
If you have any questions regarding copyright and resources for the Summer semester, please contact firstname.lastname@example.org
If you require assistance in finding and selecting class resources for the Summer semester, please contact your liaison librarian: https://www.kpu.ca/library/services/feedback#librarians
For a great and fulsome overview of Fair Dealing and emergency remote teaching:
The copyright law of Canada governs the copying and communicating of copyright-protected material. Certain copying and communications may infringe copyright law.
The Canadian Copyright Act and Supreme Court of Canada decisions are the foundation of Copyright at KPU. All members of the KPU community are affected by changes to the legislation and by copyright case law. This guide is intended to facilitate understanding of the implications of these developments for teaching, learning and research. It is updated regularly to provide the campus community with information and suggestions for best practices in using copyrighted material.
KPU respects and values the works of creators. The goal is to balance encouraging access to works with ensuring that the rights of creators are respected, both in accordance with copyright law.
While copyright issues can be complex, all students and employees are responsible for knowing their rights and responsibilities. All must abide by the requirements of the Copyright Act and are only permitted to make lawful copies of works.
The KPU Library will continue to monitor developments in Canadian copyright legislation and in case law pertaining to copyright. These pages will be updated as new developments occur.
Any copyright-related questions or concerns should be directed to email@example.com
These Copyright Guidelines have been prepared by the Library and efforts have been made to ensure accuracy and currency.
However, they are intended for the education of the KPU community and should not be construed to be legal advice nor KPU policy.
Copyright is the sole and exclusive right of a copyright owner to produce, reproduce, perform, publish, adapt, translate and telecommunicate a work, and to control the circumstances in which others may do any of these things.
Copyright law in Canada protects a wide range of works including films, music, artistic works as well as books.
Copying or scanning can be carried out under any one of the following circumstances:
Click here for information on copying under Fair Dealing.
The following activities are permissible in an educational institution and by persons acting under the authority of an educational institution without obtaining permission from the copyright holder:
You May Not Copy or Scan:
The premise for the above is that copying is not intended to substitute for the purchase of a work that is commercially available in a medium that is appropriate for the purpose.
Note: Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
Note: You cannot use logos or trademarks without prior permission from the owner. These are not covered under copyright law and do not have any educational exceptions
Some Other Do Nots:
Decisions from the Supreme Court
On July 12, 2012, the Supreme Court of Canada simultaneously released its decisions in five cases, cases which had been heard together in a series of oral hearings in December 2011. The impact of the decisions will become clearer over time but they do provide guidance and clarity in the application of fair dealing. Many feel they provide substantial leeway in interpreting fair dealing language.
Copyright Modernization Act (Bill C-11)
Bill C-11, the Copyright Modernization Act (CMA), received Royal Assent June 29th, 2012. The bill became S.C. 2012, c.20, the Copyright Modernization Act., and was proclaimed November 7th, 2012. Most sections of the legislation have been enacted, including the educational use of the internet amendment and the expansion of the fair dealing provision. What has not become law are the provisions relating to the WiPO Digital Copyright Treaties, WCT and WPPT, and the Internet service provider notice-and-notice provisions.
Some important changes for educators as a result of Bill C-11:
Fair Dealing under C-11
Fair dealing, which applies to all types of works, allows limited and non-commercial copying or use of a work for the purposes of research or private study, criticism, review, and news reporting and is expanded under Bill C-11(Section 29) to include new categories of education, parody or satire. Education is not defined, but is likely to be limited to classroom or distance courses through a course management system.
Although the recent Supreme Court Decisions and the Copyright Modernization Act have clarified and expanded fair dealing, this does not mean that you can copy freely nor can you copy large amounts nor can you circumvent digital locks. Limits to the amount of an item that you can copy still apply.