Copyright at College of the Rockies for Faculty & Staff

What are the laws and rules relating to copyright at College of the Rockies?   
Use of copyright-protected materials at College of the Rockies is governed by the Canadian Copyright Act, the Access Copyright College Premium Licence, the ACCC Fair Dealing Policy, judicial precedent, international treaties, and licence agreements between the College and content providers (see Permitted Uses for this Database listed below each database in the A-Z database list).

What types of works are protected by copyright?   
Copyright exists as soon as a work is fixed in print or digital format. It protects the expression of an idea, rather than the idea itself, and applies to all original literary, artistic, dramatic and musical works, as well as sound recordings, performances and communication signals. This encompasses a wide range of things, ranging from books, articles, posters, manuals and graphs, to CDs, DVDs, software, databases and websites.

How can I tell if a work is covered by copyright and how long does it last?
Copyright protection begins automatically when a work is created and lasts for 70 years after the year of the creator’s death. When copyright expires, works enter the public domain.
Assume the work is covered by copyright unless there’s a clear indication that a work you would like to use is in the public domain.

What is the Public Domain?
When copyright expires, a work enters the public domain and can be used freely without payment or permission from the copyright owner.
Copyright owners may also choose to waive their rights and dedicate a work to the public domain.

What is Crown Copyright?
Crown Copyright covers materials created by Government agencies and departments. See Crown Copying and Licensing.

What rights does the copyright holder have?
Copyright gives the copyright owner a number of legal rights, such as the right to copy and translate a work and the right to communicate a work to the public by telecommunication. These rights are qualified by certain exceptions which balance the copyright owner’s interests with the public interest in allowing use of works for purposes such as education and research.

What are 'moral rights' and what do they have to do with copyright?
Moral rights are additional rights held by authors of literary, dramatic, musical and artistic works. They consist of rights that protect the integrity of a work and the reputation of its author. The right of attribution is the right to always be identified as the author of a work or to remain anonymous. The right of integrity is the right not to have a work modified or associated with goods or services in a way that is prejudicial to the author’s reputation. These rights are important for authors to ensure they get appropriate recognition for their works and for prohibiting any prejudicial changes to their works.

What is my liability if I infringe copyright at College of the Rockies?
The Copyright Act states that the person who committed the copyright infringement can be held responsible. Criminal and civil penalties can be imposed for copyright infringement. Civil penalties for non-commercial purposes include an order to pay damages in a sum no less than $100 and not more than $5,000 that the court considers just. As well as criminal sanctions that can include fines and/or imprisonment and depend on the seriousness of the infringement.
There are many sections of the Copyright Act that address copyright infringement and liability, including 35, 38, 39, and 42. Make sure you understand your rights and obligations under copyright law.

Who do I talk to if I have a copyright question?
Sue Morin, Senior Library Technician, Copyright
x.3407