The Canadian copyright law is intended to protect all creative works, whether written, visual, musical or electronic from being copied.  It applies to artistic and non-fiction works and is of universal applicability in Canada with only very limited exceptions.  There is no educational exemption and the revised copyright law is unlikely to recommend one.  The Fontaine Committee on copyright revision took the position that since teachers expect to be remunerated for their services the people whose works they are teaching should also be remunerated.  The courts agree with this position.  If a professor or teacher uses copyright material illegally, both the professor and the employer can be sued.  Some settlements have been very large.

Photocopying

The Copyright Act (RSC 70 c.C-30) does allow exceptions based on the principle of "Fair Dealing".  Under this principle, copying of minor excerpts for purposes of private study, research or review is permitted.  The University libraries of Canada have interpreted fair dealing as permitting one photocopy of one article in an issue of a journal (if the journal is a single article journal, the monograph rule applies).  For monographs, copies of up to ten consecutive pages, up to a maximum of twenty pages per volume, are permitted provided that the total does not exceed 10% of the volume.  Poems or essays in edited volumes are considered whole works.  The single photocopy may be placed in the library for student use.  Multiple copies must be cleared with the copyright holder and written permission must be obtained.

The Photocopy Policy for the University Will Be:

Single photocopies of excerpts (as defined above) will be permitted for private or library use.  Multiple copies of excerpts are permitted for classroom use as defined under the ACCESS license agreement paid by the university.  The use of copyright materials in course packs is also defined by the license agreement. ACCESS also allows for the duplication of digital copyright materials under a special license agreement. For use beyond these limits, copyright approval must be obtained from the copyright holder. The FASS office normally deals with such requests.  The name of the copyright holder, an address and/or telephone number, with date and any restrictions on use should be included with any permission approvals.

Non-Print Copying

The non-print materials are not well covered by the copyright act which dates back to 1924 and speaks of "mechanical contrivances" (Fontaine Committee Report p.XI).  The principle of fair dealing seems to be less applicable to non-print materials.

Presumably it would permit copying of part of a videotape, record, print or painting but not of the whole item.  The non-print area (particularly videotapes and computer programs) is the area where policing of copyright policy seems to be most strict.

Computer software should not be copied although exceptions may be permitted for back-up copies used at the same workstation as the main copy.

Commercial television broadcasts should not be copied although many TV Ontario programs can be copied.  Faculty should check with TV Ontario VIP service if they wish to copy a program.  PBS material cannot be copied for use outside the United States.

Non-Print Copying Policy

Non-print materials will not be copied unless written permission is obtained from the copyright holder either through a statement in the material or directly from the copyright holder.  The name, address, telephone number, date and any restrictions on use must be given in the letter from the copyright holder.