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Copyright & Fair Dealing Guide

When using a resource, regardless of whether it is under copyright or not, you must always cite your source.

For more information on citing sources please refer to our How Do I Cite Sources Guide

Copyright Roadmap

 

1. Is the material protected by copyright?

NO - The work is no longer protected by copyright. You may use the material without seeking permission

YES - The work is still protected by copyright. Proceed to Step 2

It is most likely that the material you wish to use is protected by Copyright. Generally, in the case of published works, the term of copyright is the life of the author plus 70 years from the end of the year of his or her death. Copyright also subsists in certain “non-traditional” subject matter, such as performers’ performances, sound recordings, and broadcast signals. In these cases, the clock may start running from the first performance or fixation of a performer’s performance, the first fixation or publication of a sound recording, or the first broadcast of a communication signal.

 

2. Does permission exist in the form of a license?

NO - Use is not permitted by the license. Proceed to Step 3

YES - The use is permitted by a license. You may use the material in accordance with the license

The Harris Learning Library has licensed an extensive e-resources collection available to faculty, staff, and students. Acceptable use is indicated in the terms of each license. What is permitted IS NOT uniform across all licensing packages.

Openly Licensed Materials grant the user permission to share and reuse work with a few or no restrictions. 

 

3. Is the proposed use substantial?

NO - The portion you plan to use is not substantial. You may use the material without seeking permission.

YES - The portion you plan to use is substantial. Proceed to Step 4

Copyright applies to the reproduction, performance, or publication of a work “or a substantial part thereof”. Use of a less than substantial part does not require permission however what is deemed substantial is not defined by the Copyright Act, it is a matter of degree and context. 

In Cinar Corporation v. Robinson (2013 SCC 73), the Supreme Court of Canada said the following about "a substantial part" (paras 26-28):

A substantial part of a work is a flexible notion. It is a matter of fact and degree. 'Whether a part is substantial must be decided by its quality rather than its quantity' [citation omitted]. What constitutes a substantial part is determined in relation to the originality of the work that warrants the protection of the Copyright Act. As a general proposition, a substantial part of a work is a part of the work that represents a substantial portion of the author's skill and judgment expressed therein.

A substantial part of a work is not limited to the words on the page or the brushstrokes on the canvas. The Act protects authors against both literal and non-literal copying, so long as the copied material forms a substantial part of the infringed work. . .

 

4. Is the use permitted by Fair Dealing or any of the other exceptions in the Copyright Act?

NO - The use is not consistent with any of the Fair Dealing or other educational exceptions. Contact Nancy Black for more information and guidance.

YES - The use is consistent with the conditions and limitations in the Fair Dealing or other educational exception guidelines. You may copy the material without seeking permission.

To qualify for Fair Dealing 2 tests must be passed.

  1. The "dealing" must be for an allowable purpose (research, private study, criticism, review, news reporting, education, satire or parody)
  2. The "dealing" must meet the criteria for fair dealing or other educational exceptions

For more on allowable purposes and fair dealing exceptions please see the Copyright and Fair Dealing Guidelines

Specific Educational Exceptions

In addition to fair dealing, the Copyright Act also contains several exceptions that apply specifically to not-for-profit educational institutions such as the University and College

In order to qualify for most of the educational exceptions in the Act, the following conditions must generally be met

  1. the activity must be for purposes of education or training
  2. except for the activities described as Distance Education by the educational exceptions act, the activity must take place on the premises of the University (including any place controlled by the University, where training is provided, controlled, or supervised by it).

Students who are enrolled in a course and receive a lesson, test, or examination remotely, via the Internet or some other method of telecommunication, are now deemed to be “on the premises of” the University for the purposes of these exceptions

Refer to the Copyright Act for more information

Adapted with permission from the University of Toronto’s Copyright Roadmap licensed under a Creative Commons Attribution-ShareAlike 4.0 International

This information is intended to provide guidance; it should not be interpreted as legal advice 

The shared Nipissing University and Canadore College campus sits on the territory of Nipissing First Nation, the territory of the Anishnabek, within lands protected by the Robinson Huron Treaty of 1850. We are grateful to be able to live and learn on these lands with all our relations.