1. I found the material I want to use on the internet, doesn’t that mean it’s ok for me to use it without permission?
Material found online is still protected by copyright! The rules for items found online are the same as for items you find anywhere else, like a book or magazine.
2. I used some pictures and songs in a presentation or paper for my class, and now I would like to upload my project to the internet. Is this still ok?
Once you upload your schoolwork to the internet and make it widely available the educational clause under fair dealing no longer applies, and you would need permission to include any copyrighted material you have used. If you are uploading your work to a password protected site (like NIC’s Brightspace) as part of your class then it would still fall under Fair Dealing.
3. What is meant by 'the public domain'? How do I know if something is public domain?
The term “public domain” refers to works in which the copyright has expired. For example, although copyright in Shakespeare’s plays expired long ago, many of the published editions of his plays contain added original materials (such as annotations, translations, footnotes, prefaces etc.) that are copyright protected because the authors have used skill and judgment in creating the new material. This creates a new copyright in the additional original works, but not in the underlying text of the original work in which the copyright has expired. Materials on the internet are generally protected by copyright; however you may be able to use them for educational purposes because many uses will be covered by fair dealing or the exception for educational use of material publicly available through the Internet. For a list of Public Domain Resources see the Public Domain and Creative Commons Resources tab.
4. How does copyright work internationally?
Copyright is recognized internationally due to international conventions, however the specific copyright laws may differ from country to country. Generally, your copyright will be protected in other countries but it is protected under laws of the country where the copyrighted material is used, not necessarily where it is produced, so there may be some differences from the level of protection you would get in Canada. If you’re concerned about someone’s use of your work in other countries, you will need to check the particular jurisdiction’s copyright laws to confirm whether they are infringing your copyright.
5. How do I get permission to use someone else's work?
You ask. If your use isn’t permitted by a license, or one of the exceptions in the Copyright Act of Canada, you will need to ask for permission. If the copyright owner is easily identifiable and locatable, you can contact them directly. Usually you will be able to identify the owner somewhere on the work by looking for the copyright symbol ©, which should have the copyright owner’s name next to it. You’ll often find this at the beginning of a book, at the side of a photograph or at the bottom of a web page. Once you’ve located the owner, simply email or write to him/her, explaining how and why you want to use the work and requesting permission. The permission should be in writing; an email consent will suffice. It is not advisable to rely on verbal permission. You should also keep a file record of who gave the permission, what was permitted, the date, and how to contact the person who gave the permission.
6. What are moral rights and what do they have to do with copyright?
Moral rights are additional rights held by authors and creators 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 or performance modified or associated with goods or services in a way that is prejudicial to the author’s or performer’s reputation. These rights are important for authors and performers to ensure they receive appropriate recognition for their work and for prohibiting any prejudicial changes to their works.
7. Are there special rules for scanning?
If you want to scan something, you may do so if the use falls within one of the exceptions in the Copyright Act of Canada, such as fair dealing, or if the work is in the public domain. Scanning a copyright protected work is subject to the same rules as photocopying or posting a work onto a learning management system. If your use is not permitted by a license, or one of the exceptions in the Copyright Act of Canada, you will need to ask for permission from the copyright owner.
