Copyright at Tyndale

 

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, review, education, parody or satire.

Canadian courts apply six criteria for determining whether a particular dealing is fair:

  • The Purpose of the Dealing
  • The Character of the Dealing
  • The Amount of the Dealing
  • Alternatives to the Dealing
  • The Nature of the Work
  • Effect of the Dealing on the Work

The Association of Universities and Colleges in Canada (AUCC) has developed a good guideline to follow. You will find more helpful information in this link:

http://www.aucc.ca/fair-dealing-policy-for-universities/

 

What shall I do to ensure that I have permission  to photocopy or scan an article or chapter to distribute to my class?

It is considered fair dealing under copyright legislation to distribute a small excerpt from a book or a periodical to distribute to each student in a class. 

The portion of item to be distributed should either be owned by the Tyndale libraries or legally owned by the instructor.  If you would like to use one of the electronic resources available through the Tyndale libraries it is best to post links to where the students may obtain the readings rather than printing them out or posting a digital copy. Each database lists terms of use that tell you the uses you can make under the license with a particular database.

 

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

Course packs are sold through the Tyndale bookstore.  Please visit www.tyndale.ca/bookstore for hours of operation and contact information.

When creating course packs you are allowed to copy up to 10 percent 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 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 from a book

 

Can I digitize resources and post them on the Internet or on a password protected class website (i.e. MyTyndale)?

PLEASE NOTE: For items that can be found on one of the Tyndale libraries' licensed databases (i.e. Ebscohost etc.) it is best to link to articles rather than posting the whole article on a class website.  The terms of use differ with various online resources.

Fair dealing under the Copyright Act now includes digital copies.  The amount of a work permitted for copying is that same as for paper copies (see previous section).

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.

The following uses are permitted for digital copies of published works:

  • Scanning a paper copy into digital format
  • Transmitting a digital copy by electronic mail
  • Transmission by a facsimile
  • Storage of 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
  • Digital copies must be destroyed within 30 days after students receive their final grade for the course.

Digital copies must not be posted to or made publicly available on the Internet or other public network.

What if I want to copy more than fair dealing guidelines allows?

You would either need to get permission from the copyright holder. Payment of royalty fees may be required. If you cannot do this you will need to find an alternative.

 

Are there any instances that I am able to post any materials that I digitized onto a public Internet website?

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 or (c) the material is in the public domain.

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.

Changes in Copyright Act of Canada in 2012 now permit the display of material from the Internet for educational purposes for an audience consisting mostly of students.  Material that is not to be displayed should include an obvious statement prohibiting this, more than just a copyright symbol.

 

How long can my students retain any photocopied handouts that I've transmitted through my course page after they finish my course?

The Copyright Act requires that students must destroy any copies of materials transmitted via the course page 30 days after the course valuation.

 

Does that mean that I also have to destroy any digital copies of documents posted on my course website 30 days after the final transmission of marks as well?

Yes.

 

Can I photocopy, scan and/or distribute a course reading that I obtained through another course?

You can only do so if the item(s) to be distributed are either owned by yourself and/or the Tyndale libraries.

 

What do I need to know about showing a DVD or VHS video in class?

The Copyright Act of Canada, amended in 2012 permits the showing of cinematographic works for educational purposes without seeking the permission of the copyright holder.  Special rights are no longer required.  Public performance rights are still needed for showings beyond education and home use.

 

Who can I contact for more information?

For more information regarding Copyright at Tyndale, please contact:

Hugh Rendle, Director of Library Services
J. William Horsey Library
416-226-6620, ext. 6716
hrendle@tyndale.ca

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

Tyndale Bookstore
416-226-6620, ext. 2188