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MHC Copyright FAQ

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I’ve come across a recent journal article that I’d like to give out to my students.  Can I photocopy it and hand it out?

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Probably. Under the Fair Dealing Guidelines you are allowed to make a copy of a single article from a journal to hand out to students. 

However, if the library has a license agreement with the journal that prevents class handouts you may have to pay a royalty or find another way to make it accessible for your students. Check with the Copyright Specialist if you have any questions 

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What is Copyright?

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Copyright is a set of rights that relate to the reproduction of works. Works include text, art, music, dramatic works and computer programs, as well as sound recordings, performances and communication signals. Copyright belongs to a works’ creator.

Only the copyright holder can reproduce a work or authorize others to do so.

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What materials are protected by copyright? How do I know?

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Copyright protection is automatic as soon as an idea is expressed in a fixed form (this means put on paper, recorded, published, blogged, e-mailed, etc.)

Copyright belongs to creators of the following material:

  • Literary, dramatic, artistic, musical works (e.g. book, letter, e-mail, blog, computer program, compilation, government publication, script, play, film, painting, sculpture, photograph, map, architectural drawing, sheet music, compositions, music video, etc.)
  • Sound recording (e.g. lectures, animal sounds, nature sounds, music, audio book, etc.)
  • Performances (e.g. dancing, singing, acting, etc.)
  • Communication signals (e.g. pay-per-view, radio, satellite, broadcasts, etc.)
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Who owns copyright in a work?

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Usually, the creator of a work owns the copyright. However, copyright ownership may be transferred in certain cases (for example, to a publisher).
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What materials ARE NOT protected by copyright?

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Copyright does not protect factual information or data, titles, short word combinations, names, characters, slogans, themes, plots, or ideas.

Some materials may be in the public domain or licensed with re-use rights (such as materials with a Creative Commons license).  You can search for such material using the Creative Commons search engine.

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How do I get permission to use someone’s work?

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You ask. If your use is not permitted by a license, or one of the exceptions in the Copyright Act, you will need to ask the copyright owner for permission. Identify who the copyright owner is and whether there is an organization that represents the owner or if you can ask the owner directly. There are a number of copyright collectives which can give you permission (in the form of a license) on behalf of the copyright owner to use their work.

Remember that copyright owners have the right to say no, charge a fee or impose conditions on the use of their work.

Contact MHC’s copyright specialist with any questions you might have about obtaining copyright permissions.

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Is registering copyright optional or mandatory?

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Copyright is automatic. A creator instantly has economic and moral rights over his/her work. Many choose to register copyright on their works as an added measure of protection. There’s more information about this on the CIPO website.
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What kind of rights does the copyright owner have?

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Copyright owners have the sole legal right to:

  • produce or reproduce the work
  • perform the work in public
  • publish the work
  • translate the work
  • adapt the work

A copyright owner can license any or all of these rights to someone else (individual or organization) temporarily, or assign them to another entity permanently.

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How long does copyright last?

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In Canada, copyright lasts for the creator’s lifetime, plus 50 years.
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Are there any databases I can use for free (without worrying about copyright)?

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A complete list of MHC Library database can be found here.  Any databases you see with the Open Access symbol next to their link indicate that they are an open access journal. That means that the articles within are open to use and their specific conditions will be indicated.
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If a work doesn’t have the © symbol does that mean it’s not protected?

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Yes, even without a © symbol the work can still be copyright protected. The symbol simply serves as a reminder.
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Why am I not able to download or print this entire e-book?

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Different publishers have different licensing agreements and rules concerning what can be done with e-books. These rules will vary depending on which e-book you are accessing. This should be indicated on the webpage that provides the Full Text link. If you have any questions feel free to ask someone at the Library Information Desk.
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