What is “copyright”?
What is meant by “fair dealing”?
What is an Access Copyright Tariff?
What is covered under Tyndale’s tariff?
What digital copies are permitted?
What is not covered under Tyndale’s tariff?
What can I include in a kit or course pack?
What if I want to copy more than Tyndale’s tariff and/or fair dealing allows?
What about copyright and the internet?
What shall I do to ensure that Tyndale has permission for me to show a DVD or VHS in a class?
Who can I contact for more information?
Where can I find more information?

What is “copyright”?

Copyright refers to the legal framework that protects the moral and economic rights of the creator of any literary and/or artistic work from the unauthorized use of their work.

Under the Copyright Act the creator retains the right to:

• control the publication and reproduction of their work
• receive renumeration
• protect the integrity of their work

In Canada, copyright protection begins as soon as the work is created in a fixed manner. Also, there are no requirements under the current law to register the work or obtain an international copyright symbol.

What is meant by “fair dealing”?

“Fair dealing” refers to the provision under the Copyright Act that allows the unauthorized use of any copyrighted material for the purpose of research, private study, criticism and review.

What is an Access Copyright Tariff?

On December 23, 2010 the Copyright Board authorized a tariff for Access Copyright for post secondary institutions.  This tariff allows professors, students and/or staff of the Tyndale University College & Seminary to make copies of materials other than those allowed under fair dealing.  Beginning in April 2011 Tyndale agreed to terms that address making digital copies of published works.

What is covered under Tyndale’s tariff?

The Canadian Copyright law allows the following:

• fair dealing with respect to any work for the purposes of research, private study, criticism or review
• the copying of works in the public domain – that is, works whereby copyright protection ended fifty years after the death of the author of a work

Tyndale's tariff with Access Copyright allows the following uses beyond what is permitted under the Copyright law for items within the repertoire of Access Copyright:

• the copying of no more than 10 percent of a work for personal use (or 20 percent if copies are to be sold in course packs), or the following, whichever is greater
• an entire newspaper article, short story, play, poem, essay or article from a book or periodical issue; an entire entry from an encyclopedia, dictionary, annotated bibliography, or similar work; an entire chapter which is less than 20 percent of a book

What digital copies are permitted?

NOTE: For items from Tyndale’s licensed databases (i.e. Ebscohost etc.) it is usually best to link to articles rather than posting the whole article on a class web site. Terms of use differ with various online resources.

Tyndale’s tariff with Access Copyright now extends copying to include digital copies. The amount of a work permitted for copying is that same as for paper copies (see above).

Digital copies must only be transmitted to, made available from, posted to, or stored on a secure network. Digital Copies stored on a secure network must be segregated by course of study and only be made available to Tyndale students enrolled in a course and to Tyndale employees. Digital Copies must not be posted to or made publicly available on the Internet or other public network.

The following uses are permitted for Digital copies of published works under the tariff with Access Copyright:

• Scanning a paper copy into digital format.
• Transmitting a digital copy by electronic mail.
• Transmission by facsimile.
• Storage of a Digital Copy on a local storage device or medium;
• Posting or uploading a Digital Copy to a Secure Network and storing it on a local storage device or medium;
• Projecting an image using a computer or other device;
• Displaying a Digital Copy on a computer or other device;
• Posting a link or hyperlink to a Digital Copy.
   

What is not covered under Tyndale’s tariff?

There are some activities that are NOT covered by Tyndale’s Access Copyright tariff.

These activities include:

• copying an entire book
• unpublished works
• the text of federal and Ontario laws, statutes and judicial decisions
• originals of artistic works
• photographic negatives or other transparencies (positives) mounted or unmounted
• published workbooks, work cards, assignment sheets, tests, examination papers
• instruction manuals including teachers’ guides
• published sheet music and other musical works
• unpublished works, such as private letters, diaries, or class notes
• letters to the editor and advertisements in newspapers, magazines or periodicals
• business cases
• Items or publishers included on Access Copyright's Exclusions List  
  

  http://www.accesscopyright.ca/media/1771/access_copyright_exclusions_list.pdf

What can I include in a kit or a course pack?

When creating course packs you are allowed to copy up to 20 per cent of a published work, or the following, whichever is greater

• an entire newspaper article or a page
• an entire single short story, poem, essay or article from a book or periodical issue (including a set of conference proceedings) containing other works
• an entire single item of print music from a book or periodical issue containing other kinds of work
• an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference work
• an entire reproduction of an artistic work (including drawing, sculpture, painting, prints, architectural works of art or works of artistic craftsmanship) from a book or periodical issue containing other works
• one chapter, provided is no more than 20% of a book
• If you are including extracts from a textbook(s) in the course pack:
  • a maximum of 5 per cent of a textbook may be reproduced or a single chapter of a textbook
  • a maximum of two extracts written by the same author and published by the same publisher within any period of five years
  • a maximum of 50 per cent of the pages in the course pack can be taken from textbooks
• unpublished works for which written copyright clearance has been obtained
• more than allowed under these limits, if permission from Access Copyright has been obtained

What if I want to copy more than Tyndale’s tariff and/or fair dealing allows?

You would either need to get permission from the copyright holder or contact Access Copyright for more information.

What about copyright and the Internet?

You may only post copyrighted material on the internet if you are (a) the copyright holder yourself or (b) if you received written permission from the copyright holder to post the material on your site.

Much of the material posted on the internet is copyrighted as well and includes postings to news groups, e-mail messages, images, photographs, music, video clips and computer software. Generally speaking, you would need to get permission from the owner – that is, the person or organization that created the material - to use text, graphics, images, sound and video that have been created by others. Some internet materials such as facts, information, titles, ideas, plots, short word combinations and works in the public domain are not protected by copyright.

Also note that possible changes to the law are under active consideration. The universities and research libraries in Canada are active participants in these discussions.

What shall I do to ensure that Tyndale has permission for me to show a DVD or VHS in a class?

Please be advised that showing a DVD and/or video in a class is considered a public performance. The Tyndale libraries have tried to obtain public performance rights for their DVDs and videos where possible. Please pay attention to the labeling in videos borrowed from the library.  For videos without public performance rights,  instructors should obtain permission from the producers before showing it in class.

PLEASE NOTE: DVDS AND VIDEOS RENTED FROM THE VIDEO STORE DO NOT CONTAIN PUBLIC PERFORMANCE RIGHTS.

Who can I contact for more information?

For more information regarding Copyright and the Tyndale libraries' Access Copyright agreement, please contact the Library Director at:

J. William Horsey Library
416-226-620, ext. 6716

For information regarding Copyright as it pertains to the preparation of kits and course packages, please contact the Book Store at:

The Book Store
416-226-6620, ext. 2188

To access a copy of Tyndale’s Access Copyright Policy, click here.

Where can I find more information?

For more information on Access Copyright, visit:

http://www.accesscopyright.ca

For Canadian legislation related to copyright, visit:

A Guide to Copyright in Canada - A guide prepared by the Canadian Intellectual Property Office

Canadian Copyright Act - Canada’s official copyright law, as amended.

Proposed Legislation - This page will provide users with the latest information regarding intellectual property

For related information on copyrights in Canada, visit:

Association of Universities and Colleges of Canada - To find out the latest on copyright as it pertains to universities & colleges in Canada.

Access Copyright - The Canadian copyright licensing agency

Canadian Association of Research Libraries - Contains information as well as an extensive webliography on copyright, both in Canada and internationally

Canadian Heritage : Copyright Policy Branch - “The Copyright Policy Branch works with creators, authors, producers, user groups, interest groups and the public at large to develop appropriate policies underlying the Copyright Act” (from website).

Canadian Intellectual Property Office - The Canadian Intellectual Property Office administers the intellectual property in Canada and disseminates Intellectual Property information.

Canadian Internet Policy and Public Interest Clinic - For up-to-date information on copyright policy in Canada

Canadian Private Copying Collective - The Canadian Private Copying Collective is a non-profit agency responsible for collecting and distributing private copying royalties.

CAUT Guidelines for the Use of Copyrighted Material

Classroom Provisions Under the Canadian Copyright Act - Prepared by the Canadian Media Awareness Network

Copyright Board of Canada - The Copyright Board of Canada’s website contains articles on current issues and recent decisions regarding copyright. It also contains a webliography of general related information.

Copyright Information Centre - Prepared by the Canadian Library Association

Fair Copyright - "A resource for Canadians, especially teachers, students, and creators. It aims to explain copyright law clearly and fairly. It aims to generate discussion. Finally, it aims to encourage those who use, teach, and produce Canadian culture to engage with the copyright reform process." -- Maintained by Laura J. Murray, Queen's University Department of English

International Copyright Information - Maintained and prepared by the UNESCO Cultural Sector

National Library of Canada : Copyright Information - The National Library of Canada provides comprehensive information surrounding Canadian copyright issues

World Intellectual Property Organization - For international information on copyright, trademarks, designs and other related information