Information Literacy (LIBR 2100)

What is Copyright?

Copyright literally means the right to copy.  The Copyright Act grants a series of rights to the creators of works giving them the exclusive legal right to reproduce, publish, distribute or sell their works. Only the copyright owner has the right to decide when and how the work is copied. In addition

Who Owns The Copyright in a Work?

Copyrights are usually held by:

• The author/creator ONLY

Or

• The author/creator’s employer, if the work was created as part of a person’s job.

Or

• The author/creator AND a publisher (as agreed by the author)

Or

• The publisher ONLY (as agreed by the author)

What is Open Access and Creative Commons?

Both Open Access and Creative Commons are online internet sites that provide access and use of materials without requiring permissions for the use of those materials usually through various types of licenses.

Open Access

Provides access to peer reviewed scholarly materials which allow readers to view, download and copy materials. Terms of use are set by the individual creator and range from partial access t unrestricted use. The user must read the terms of use to know how the material can be used. Examples pf Open Access site are OpenDOAR and DOAJ.

Creative Commons

Creative Commons is a non-profit organization that enables creators to share their materials via a set of copyright licenses. There are standardized licenses that give the public permission to share and use works based on the rights the creator has chosen. Rights vary from some rights reserved. The user must read the accompanying license to know how the material can be used.

Public Domain

A work in the public domain is free for everyone to use without permission or paying royalties. The phrase ‘public domain’ is a copyright term referring to works that belong to the public. Works can be in the public domain for a variety of reasons: because the term of copyright protection has expired; because the work was not eligible for copyright in the first place; or because the copyright owner has given the copyright in the work to the public.

Note: These categories do not include traditional knowledge which exists outside of copyright and its exceptions.

In 2010, the federal government implemented important changes to its crown copyright approach. While the law vests full copyright in government works, the government notified the public that it was establishing a non-commercial use licence that gave permission for non-commercial uses without the need for permission. The government stated:

Permission to reproduce Government of Canada works, in part or in whole, and by any means, for personal or public non-commercial purposes, or for cost-recovery purposes, is not required, unless otherwise specified in the material you wish to reproduce.
A reproduction means making a copy of information in the manner that it is originally published – the reproduction must remain as is, and must not contain any alterations whatsoever.
The terms personal and public non-commercial purposes mean a distribution of the reproduced information either for your own purposes only, or for a distribution at large whereby no fees whatsoever will be charged.
The term cost-recovery means charging a fee for the purpose of recovering printing costs and other costs associated with the production of the reproduction.

Geist, M. (2013, November 25), Government of Canada Quietly Changes Its Approach to Crown Copyright [Blog post]. Retrieved from http://www.michaelgeist.ca/2013/11/crown-copyright-change

What is Creative Commons and why should I use it?

Creative Commons is a form of licensing that bridges the gap between "all rights reserved" copyright and public domain. It allows creators let others easily use their work under specific conditions while retaining copyright and credit.  For works that are not expressly marked Creative Commons, you must follow the legal requirements of the Copyright Act.

Fair Dealing is a right, within limits, to reproduce portions of copyrighted material without having to seek permission or pay the copyright owner. The Supreme Court in its judgments on copyright has upheld that fair dealing constitutes a user right balanced with the rights of the copyright holder. When determining if a copy is fair dealing, apply the six principal criteria for evaluating the dealing and consult the Mount Fair Dealing Policy.

1. the purpose of the proposed copying, including whether it is for education, research, private study, review, criticism, news reporting, parody or satire;
2. the character of the proposed copying, including whether it involves single or multiple copies, and whether the copy is destroyed after it is used for its specific intended purpose;
3. the amount or proportion of the work which is proposed to be copied and the importance of that work;
4. alternatives to copying the work, including whether there is a non-copyrighted equivalent available;
5. the nature of the work, including whether it is published or unpublished; and
6. the effect of the copying on the work, including whether the copy will compete with the commercial market of the original work.

Non-commercial user generated content exceptions in the copyright law  a.k.a the mashup exception or YouTube exception

• Must be solely for non-commercial purposes.
• You must cite all sources used.
• Do not use material acquired through a contract or license that prevents using the item in a mashup (e.g. iTunes, iStock Photo).
• Do not break a digital lock to use the material (e.g. you can’t rip a DVD that has encoding that prevents copying)
• It must be original! The mashup cannot be substitute for, or does not have a substantial adverse effect, financial or otherwise, on existing works.

Seneca Libraries (2014 June, 16). Copyright in "Mashups" [Video file]. Retrieved from https://www.youtube.com/watch?v=vuwsCPfd4dk

​An Example of a mashup:

Justin Trudeau Singing Work by Rihanna

CBC Music (2016 March, 9). Justin Trudeau Singing Work by Rihanna [Video file]. Retrieved from https://www.youtube.com/watch?v=yFTA0qHcswk

Images include: figures, tables, graphs, photographs, charts and diagrams.

• Use caution and check the copyright statements or terms of use for each site. Note: Permission to use images is often located in a website's fine print, such as the 'Terms of Use' or 'Legal Notices'.  Check the terms for restrictions or limitations. Please keep in mind that many sites purchase photography that is licensed and for which they do not own the copyright.

• Use images that are in the public domain or are licensed for re-use (e.g. creative commons licenses).
  • View the Finding Images page in the Video, Images & Music Guide for more information on finding this type of image.

• Always cite your sources:  indicate the title, creator and source for each image.
  In a PowerPoint presentation or a video clip, your citations can be listed on a separate slide.

• Use images that contribute to the content of the work and reinforce the educational aspect of the paper or presentation.

• to the best of your ability, ensure the copy of the image is made from a lawful source.

• You always have the option of requesting permission from the copyright holder to use an image   This may not always be easy or quick, but is an option if you are unsure, or if required by the terms of use.

 A note about Google Images and Microsoft Office/Bing Images: Use only if you can cite the original image from the original webpage or if you have permission from the copyright owner.