Final Approval Body: Senior Leadership Team
Senior Administrative Position with Responsibility: Provost and Vice-Principal (Academic)
Contact: Copyright Advisory Office
Date Initially Approved: September 26, 2023
Date of Last Revision: December, 2023
Definitions
In this policy:
a. “Copyright” in relation to a work, generally means the exclusive right to produce or reproduce a work, or any substantial part of the work, in any material form whatever; to perform a work, or any substantial part of the work, in public; or, if a work is unpublished, to publish a work, or any substantial part of the work. For more specific information about the exclusive activities covered by copyright, refer to Section 3 of the Canadian Copyright Act. Without the consent/permission of the copyright owner (or their representative), it is an infringement of copyright for any person to do anything that the Copyright Act gives a copyright owner the exclusive right to do.
b. “Copyright-protected Material” or “Work” means any original artistic, dramatic, literary, or musical creation fixed in a tangible form that was created with the skill and judgment of its author/creator.
c. “Course Reserves” is a service provided by Queen’s University Library to manage course readings and resource material. This service assists instructors who select course readings and resource material from a variety of sources. This service involves library staff who manage and licence the access and availability of course readings and resource materials so that students have direct access to their course readings and resource material.
d. "member of the University community” includes faculty, staff (which includes all persons who receive wages from the University), students, professors emeriti when engaged in University activities, guest lecturers, third party contractors, and volunteers.
e. “Public Domain” refers to works in which the term of copyright protection has expired or in which the copyright owner has made a clear declaration that they will not enforce their exclusive rights in relation to their work(s). Works in the Public Domain can be used free of charge, without restrictions, and do not require consent or permission from the author or creator.
f. “Student” includes any person who is registered, full-time or part-time, in a course or program of study, including in a non-degree diploma or certificate course or program (whether for credit or not), offered through the University. "Student" also includes any person registered at Queen's University on a letter of permission and persons on exchange at Queen's University.
g. “University” means Queen's University at Kingston1
h. “Use” of Copyright-protected Material or Works includes reproduction, distribution, transmission, public performance, display, and translation.
1Bader College is located within the UK and, as such, the use of copyright-protected works at Bader College is subject to the UK’s Copyright, Designs, and Patents Act https://www.legislation.gov.uk/ukpga/1988/48/contents
Purpose
The purpose of this policy is to state the University’s position with respect to the:
a) acceptable use of Copyright-protected Material or Works;
b) responsibilities of members of the University community who use Copyright-protected Material or Works; and,
c) the framework for responsible practices with respect to the use of Copyright-protected Material and the prevention of copyright infringement through the exercise of due diligence by all members of the University community.
Scope
This policy applies to all members of the University community who use Copyright-protected Material or Works that are protected by copyright law. This Policy does not apply to materials or works in the Public Domain.
This policy does not address ownership rights in Copyright-protected Material or Works created by any members of the University community. For information regarding such ownership rights, consult the applicable collective agreement and the Intellectual Property Commercialization Policy.
Policy Statement
The University is committed to protecting the rights of copyright owners and users and educating members of the University community about the acceptable and responsible use of Copyright-protected Material or Works. All members of the University community who use Copyright-protected Material or Works are expected to inform themselves of their obligations and their rights with respect to the acceptable and responsible use of Copyright- protected Material or Works and the prevention of copyright infringement.
Acceptable Use
Members of the University community shall only use Copyright-protected Material or Works when:
a) they are the copyright owner in relation to the Copyright-protected Material or Works;
b) the use is permitted through an exception in the Copyright Act or as otherwise provided for by law;
c) the University has obtained a license which permits the use of specific Copyright- protected Material or Works in compliance with the negotiated terms outlined in the license;
d) Consent or permission from the copyright owner (or their representative) has been obtained; or,
e) the Copyright-protected Material or Work is designated as open access through a Creative Commons license or other similar notice.
Fair Dealing Exception
Use of certain Copyright-protected Material or Works outside of the Acceptable Use requirements in this policy is expressly permitted in accordance with the Fair Dealing exception of the Copyright Act.
It is the University’s expectation that all members of the University community who use Copyright-protected Material or Works will only do so in compliance with the Acceptable Use requirements in this policy or will exercise due diligence to act in accordance with the Fair Dealing exception and/or other permissible uses set out in the Copyright Act and by law.
The Fair Dealing Requirements for Educational Copying by Faculty and Staff (see Appendix A) permits the use of short excerpts from Copyright- protected Material or Works by faculty and staff for specific purposes, subject to certain safeguards to protect the interests of copyright owners.
Indigenous peoples “have the right to maintain, control, protect, and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions”2. As such, the use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression require special consideration. In such cases, contact the Copyright Advisory Office for review and assistance.
2United Nations. (2007). United Nations Declaration on the Rights of Indigenous Peoples: Article 31(1). https://social.desa.un.org/sites/default/files/migrated/19/2018/11/UNDRIP_E_web.pdf
Advice and Services
Members of the University community are encouraged to contact the University’s Copyright Advisory Office for information on specific uses of Copyright-protected Material or Works and for assistance obtaining consent or permission from a copyright owner (or their representative) to use Copyright-protected Material or Works. Copyright training and workshops will be coordinated by the Copyright Advisory Office and delivered by appropriate subject matter experts.
The University strongly encourages the use of Queen’s University Library’s Course Reserves service to make course readings and resource materials available to students and to ensure compliance with this policy. Utilizing Queen’s University Library’s Course Reserves service will ensure that course readings and resource materials meet both copyright and accessibility requirements, and that library staff obtain consent or permission and pay for any licensing or royalty fees that are required.
Policy Violation
It is a violation of this policy to use Copyright-protected Material or Works, including when using Queen’s Information Technology resources such as onQ or other learning management system(s), except as described in the Acceptable Use section above or as outlined in the Fair Dealing Requirements (see Appendix A).
It is also a violation of this policy to instruct, direct, or counsel others to use Copyright- protected Material or Works except as described in the Acceptable Use or Fair Dealing Requirements (see Appendix A).
All members of the University community who use Copyright-protected Material or Works in violation of this policy jeopardize their continued relationship with the University.
a) Faculty and staff (which includes all persons who receive wages from the University), who use Copyright-protected Material or Works in violation of this policy engage in workplace misconduct that is subject to discipline, up to and including termination from employment, subject to applicable collective agreement provisions, if any.
b) Students who use Copyright-protected Material or Works in violation of this policy depart from academic integrity that is subject to sanctions outlined in the Academic Integrity Procedures – Requirements for Faculties and Schools and Faculty-specific academic regulations regarding academic integrity.
All other members of the University community who use Copyright-protected Material or Works in violation of this policy jeopardize their continued relationship with the University.
The University reserves the right to audit compliance with all aspects of this policy.
Responsibilities
All members of the University community are responsible for their use of Copyright-protected Material or Works and for informing themselves about Acceptable Use and Fair Dealing before making use of any Copyright-protected Material or Works.
The Provost and Vice-Principal (Academic) is responsible for:
a) ensuring appropriate rigour and due diligence in the development or revision of this policy;
b) communicating the requirements of this policy to members of the University community;
c) facilitating compliance with this policy and the Copyright Act; and,
d) sponsoring the revision of this policy when necessary.
Deans, Academic Directors, Department Heads, Supervisors, and Managers, as appropriate, will facilitate compliance with this policy and the Copyright Act by:
a) distributing instructions and updates to members of the University community in a timely manner; and,
b) providing faculty and staff with opportunities to access training and/or training material with respect to copyright.
The University Librarian or delegate has the authority to audit compliance with this policy and its procedures; to report audit results to the Provost and Vice-Principal (Academic); to approve procedures and guidelines regarding copyright compliance; and to direct the University’s Policy Advisory Group to develop additional procedures and guidelines in relation to this policy.
Internal Audit will assist the University Librarian to monitor compliance with this policy.
The University’s Copyright Librarian will manage the University’s Copyright Advisory Office, which will maintain a webpage offering information and resources about copyright generally, and about Acceptable Use and Fair Dealing. The Copyright Advisory Office will also offer training through workshops and educational sessions as well as self-directed copyright course(s) for faculty and staff. The University’s Copyright Librarian will chair the University’s Copyright Advisory Group.
Policy Approval Authority: Senior Leadership Team *Appendices, Procedures and Guidelines under this policy will be developed by the Copyright Advisory Group and will be subject to approval by the Senior Leadership Team.
Policy Implementation Authority: Provost and Vice-Principal (Academic)
Related Policies, Procedures, Guidelines:
Academic Integrity Policy
Academic Integrity Procedures – Requirements for Faculties and Schools (and Faculty- specific academic regulations on academic Integrity)
Integrity in Research Policy
Acceptable Use of Information Technology Resources Policy
Intellectual Property Commercialization Policy
Policies Superseded by this Policy: Fair Dealing Policy
Responsible Officer: Provost and Vice-Principal (Academic)
Contact: Copyright Advisory Office
Date for Next Review: 2029
The Fair Dealing exception in the Copyright Act permits use of Short Excerpts from Copyright-protected Material or Works without consent or permission from the copyright owner (or their representative) or the payment of copyright licensing fees or royalties. For the use of Short Excerpts from Copyright-protected Material or Works to be considered within the scope of the Fair Dealing exception, two tests must be passed.
First, the “dealing” must be for a purpose listed in the Copyright Act: research, private study, criticism and review, news reporting, education, or parody and satire. Educational use of Copyright-protected Material or Works passes the first test.
The second test is that the dealing must be “fair.” In landmark decisions in 20043 and in 20124, the Supreme Court of Canada provided guidance as to how this test is applied in educational institutions.
The University is committed to providing professional advice through the Copyright Advisory Office about access to and the responsible and acceptable use of Copyright-protected Material or Works. To this end, we have developed the following requirements for the use of Short Excerpts of copyrighted materials to satisfy the requirement that such use be fair.
Requirements for Short Excerpts:
1. Faculty and staff may reproduce and communicate, in paper or electronic form, Short Excerpts from Copyright-protected Material or Works for the purpose of research, private study, criticism and review, news reporting, education, or parody and satire.
2. A Short Excerpt means:
a. up to 10% of a Copyright-protected Material or Work (including a literary work, musical score, sound recording, and an audiovisual work) [Note: In cases where the work is an anthology or collection that includes complete works that are otherwise available in separate volumes, this may not be applicable. In such cases, contact the Copyright Advisory Office for clarification];
b. one chapter from a book;
c. a single article from a periodical;
d. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a Copyright-protected Material or Work containing other artistic works;
e. an entire newspaper article or page;
f. an entire single poem or musical score from a Copyright-protected Material or Work containing other poems or musical scores; or,
g. an entire entry from an encyclopedia, annotated bibliography, dictionary, or similar reference work;
provided that, in each case, no more of the copyright-protected work is reproduced than is required to achieve the allowable purpose.
3. Reproducing or communicating multiple Short Excerpts from the same Copyright- protected Material or Work, with the intention of copying or communicating substantial amounts of the Copyright-protected Material or Work or the Copyright-protected Material or Work in its entirety, is prohibited.
4. The use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression require special consideration. In such cases, contact the Copyright Advisory Office for review and assistance.
5. A copy of a Short Excerpt from a Copyright-protected Material or Work may be provided or communicated to each Student enrolled in a class or course:
a. as a class handout; or,
b. as a posting to a learning or course management system that is password protected or otherwise restricted to Students of the University.
6. An attribution statement acknowledging the author and source of the Short Excerpt should be visible on the copy being provided or communicated to Students. This attribution is mandatory when the copy is being made for the purpose of news reporting or criticism and review.
7. Short Excerpts from Copyright-protected Materials or Works that exceed the limits set out in the Fair Dealing Requirements are to be referred to the Copyright Advisory Office for evaluation. A determination as to whether the proposed reproduction communication is permitted within the scope of Fair Dealing will be made based on all factors and relevant circumstances.
8. Any fee charged by the University for reproducing or communicating a Short Excerpt from a Copyright-protected Material or Work must be intended to cover only the costs incurred by the University, including overhead costs.
9. Copyright assistance is available through the Copyright Advisory Office at library.queensu.ca/copyright
3CCH Canadian Ltd. V. Law Society of Upper Canada, [2004] 1 S.C.R. 399, 2004 SCC 13 https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/2125/index.do?site_preference=normal&alternatelocale=en&pedisable=true
4Alberta (education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, [2012] 2 S.C.R. 345 https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/9997/index.do