The Ghost of Copyright Past: Public Domain Changes in Canada

December 16, 2022 dpryan Leave a Comment

Public domain image: “Leo G. Carroll and Reginald Owen in the motion picture A Christmas Carol” from The New York Public Library

Jaclyn Chambers Page, Dalhousie University Copyright Librarian

When the calendar flips to December in Canada, you don’t have to look far to find an adaptation of Charles Dickens’ classic story, A Christmas Carol. From the Muppets to Bill Murray, there seems to be an endless collection of reimagined Scrooges. If you’re interested in reading the original, you can legally download it free of charge from several places online. What makes this proliferation of Christmas spirits possible? The work’s public domain status.

What is public domain?

Public domain refers to works not under copyright protection that can be used free of charge without further permissions or payment of royalties. Works can enter the public domain for several reasons, including expiration of copyright due to age.

What is changing?

Historically, most works entered the public domain in Canada 50 years after the death of the author/creator (see sections 6-12 of the Copyright Act for information on exceptions). Effective December 30, 2022, the terms of public domain in Canada will change to the life of the author plus 70 years. This change is necessary to meet the terms of the Canada-United States-Mexico (CUSMA) trade agreement. It is important to note that this change will not be retroactive; works already in the public domain in Canada will remain in the public domain.

What does this mean?

A copyrighted work enters the public domain on January 1st of the year following the expiration of its copyright term; this means the creator must have died in 1971 for the work to be in the public domain in Canada, as of December 30, 2022. No further works will enter the public domain in Canada due to the expiration of its copyright until January 1, 2043. This means if you would like to use works created by someone who died in 1972 or later, you must abide by the terms and exceptions outlined in the Copyright Act of Canada.

Let’s say you are interested in compiling a book that explores the works of Canadian politician Frank Underhill and former Canadian Prime Minister Lester B. Pearson. The change in Canada’s public domain term means that you will be able to reuse Underhill’s works without further permission since he died in 1971 (Stevenson, 2013). However, Pearson died the following year, on December 27, 1972 (Bothwell, 2021), so you would either have to seek permission from his estate or wait another 20 years to reuse his works in the book.

Who can help me with my questions?

Dalhousie’s Copyright Office is available to help you navigate your rights and responsibilities regarding copyright in educational and/or research contexts. Please note the Copyright Office does not provide legal advice, but general guidance for responsible practices at Dalhousie University. The copyright office can be reached at copyright.office@dal.ca.

An online information session on these changes will take place as part of the Copyright Office’s Copyright Quickchat series on Friday, February 17, 2023 from 12-12:30pm. Additionally, the Copyright Office will hold online open drop-in sessions every Wednesday from 10am-11am beginning January 11th, 2023 if you would like to chat in person.

Fortunately, the changes to Canada’s public domain do not affect the works of Charles Dickens since he died in 1870 (Collins, 2022), so you can still take a free journey with the Ghost of Copyright…er…Christmas Past.

Visit The Public Domain Review to find more works in the public domain.

References

Bothwell, R. (2021). Lester B. Pearson. In The Canadian Encyclopedia. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/lester-bowles-pearson

Collins, P. (2022, December 4). Charles Dickens. Encyclopedia Britannica. https://www.britannica.com/biography/Charles-Dickens-British-novelist

Stevenson, G. (2013). Frank Hawkins Underhill. In The Canadian Encyclopedia. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/frank-hawkins-underhill

Author rights and copyright

October 23, 2019 Marlo MacKay Leave a Comment

by Roger Gillis

When it comes to publishing, authors often want to be in control of how their publication can be used and distributed. Unfortunately, it is often the case with scholarly publishing that authors are asked to transfer the copyright of their publications to third parties like publishers, leading to them losing control over the use of their own publications. This can create complications for researchers who wish to share their publications more widely, such as through a repository like Dal Libraries’ Dalspace, publish their papers on their personal websites, or create new works in different formats (e.g. republishing an article as a book chapter), as it requires the permission (and sometimes payment to) the publisher.

Fortunately, there are tools out there to assist authors with negotiating and retaining rights when publishing. The Canadian Association of Research Libraries recently announced the revision of the author addendum – a tool that assists authors with negotiating to retaining copyright when they publish in order that they can retain as many rights as possible. In addition, an accompanying guide to go along with the addendum was also developed to help walk authors through the process of using an addendum and retaining their rights.

The guide offers advice for steps that authors should consider prior to publishing, during the submission and review process, and after publication. When publishing, authors should be wary of the rights that they might be asked to transfer by checking publishers’ copyright policies on their websites, and should also consider their goals for their publications (such as creating new works later on, publishing on an open access repository, or sharing through a personal website or other means), and whether or not retaining copyright should be a priority when publishing.

The Dalhousie community is encouraged to contact the Dal Libraries’ Copyright Office if they have questions about author rights and copyright, and can also refer to the Copyright Office’s page on retaining copyright.

Scholarship @ Dal Libraries – New series starting fall 2018

October 16, 2018 Marlo MacKay Leave a Comment

Dal Libraries is launching a new seminar series this month focused on research tools and services. This series will focus on a range of topics going forward but the fall 2018 sessions will focus on aspects of the publishing and research process including research reporting, rights and impact.

Open Access: Tips for Planning
Wednesday, October 24, 12–1 p.m.
Presented by: Geoff Brown

Taking Charge of your Professional Identity: Tools & Metrics
Friday, November 9, 12–1 p.m.
Presented by: Melissa Rothfus & Melissa Helwig

Copyright and Author Rights
Friday, November 23, 12–1 p.m.
Presented by: Roger Gillis

Intro to Research Data Management
Friday, November 30, 12–1 p.m.
Presented by: Erin MacPherson & Sarah Stevenson

All sessions will be online only. Register for links to individual sessions at: https://dal.ca.libguides.com/ScholarshipSeries

Fair Dealing Week: Fair Dealing & Students

March 1, 2018 Marlo MacKay Leave a Comment

This is the fourth and final entry in our series of blog posts recognizing Fair Dealing Week 2018 (February 26–March 2, 2018).

The copyright landscape in Canada has undergone significant changes recently. To ensure a fair and reasonable approach to the use of copyright protected materials on campus, Dalhousie has sought to balance the rights of users with those of creators. To help accomplish this, the university has established a Copyright Office and has most recently adopted updated Fair Dealing Guidelines.

As students of Dalhousie University, you may copy materials for which the university (e.g. the Library) has negotiated licenses, according to the terms of the individual license agreements. In addition to license agreements, fair dealing allows you to make use of a work for yourself for the purposes of private study, research, criticism or review, news reporting, education, parody or satire.

For example, this means you can copy one article from a journal, or one chapter from a book for the purpose of your studies and research. Without fair dealing, any time you wished to make use of a copyrighted work in your course, you would need permission from the copyright holder, perhaps even paying a licensing fee. This short presentation illustrates how many basic use of works that we might take for granted would not be legal without fair dealing:

For more information on how fair dealing affects Students, you can read Fair Dealing for Students, and consult our Fair Dealing Guidelines. Contact the Copyright Office with any questions or comments at copyright.office@dal.ca

Fair Dealing Week: Faculty & Fair Dealing

February 28, 2018 Marlo MacKay 2 Comments

This is part three in a four-part series of blog posts recogning Fair Dealing Week 2018 (February 26–March 2, 2018).

Fair dealing is a powerful tool for using copyrighted works in the classroom. It allows instructors to use photos and videos in class lectures, reduce the cost of materials for students, and facilitate access and accommodation for students. Faculty can also benefit from fair dealing in the context of research, allowing academics to build upon existing research, and facilitating access to scholarly works.

Fair dealing is available in the contexts of education and research, but it is important to remember that copyright in Canada is a balance between users’ rights and the creator’s rights. So, while instructors can engage in copying for their classes, it must be done in a fair and ethical manner.

One of the best resources to make sure your class readings fall under fair dealing is to make use of the Dalhousie Libraries Course Reserves Service. By using course reserves, you can help take the guesswork out of applying fair dealing guidelines for every work that is used as part of class readings, and reduce the cost of material for your students. Course reserves can upload material to Brightspace, or create Stable Links to course readings.

Dr. Mike Smit discuss the importance of fair dealing in this video.

For more information on how fair dealing affects Faculty, you can read about Fair Dealing for Faculty, and consult our Fair Dealing Guidelines. Contact the Copyright Office with any questions or comments at copyright.office@dal.ca

Welcome Lachlan, the new Copyright Services Coordinator for Dalhousie Libraries

January 10, 2017 Marlo MacKay 3 Comments

We are pleased to welcome Lachlan MacLeod to the staff of the Dalhousie Libraries, effective January 3. Lachlan will have a busy schedule, including ensuring all copyrighted materials have been cleared prior to production or use, working closely with the eReserves team on providing library resources to students through Brightspace, responding to a wide array of inquiries from Dalhousie faculty, staff and students on copyright-related matters, and promoting open access resources.

There is a large component of his position that will be educational in nature, working with the Copyright & Humanities Librarian in delivering presentations to various faculties and departments, providing updates on developments in the copyright landscape in Canada, and demonstrating how the Copyright Office can assist faculty and staff in maintaining compliance with current copyright legislation.

“The Dalhousie Libraries Copyright Office assists all members of the university community in meeting their shared obligation to respect the rights of copyright holders in their use of material for research, teaching and learning,” says Elaine MacInnis, Associate University Librarian, Library Services. “Lachlan will be a valuable addition to the Copyright Team, bringing with him relevant experience, expertise, familiarity with the Dalhousie community and a willingness to work with our community to ensure everyone benefits from the wealth of scholarly material available.”

Lachlan is a graduate of both King’s and Dalhousie. He holds a Master of Arts in sociology, and his thesis focused on qualitative comparisons between practices of Halifax artists and national copyright policy. In addition to his background in copyright research, Lachlan was previously employed at Dalhousie as a student assistant in the sociology department, and in two positions at the Atlantic Research Data Centre, located in the Killam Library.

Lachlan is looking forward to answering questions from staff, faculty, and students about how copyright affects them. “Copyright can seem dull or restrictive at first glance,” says Lachlan. “But, it touches many aspects of our lives, from entertainment media to academic work. With a robust knowledge of copyright, faculty, staff, and students can get more out of their work. I’m excited to teach more people about copyright policy, and pass on an enthusiasm for what is possible.”

Lachlan will be based out of the Copyright Office, which is on the fifth floor of the Killam Library. If you have questions about copyright, contact copyright.office@dal.ca or (902)494-4346.

Changes Regarding the Harvard Business Review License

December 13, 2016 Marlo MacKay Leave a Comment

The Harvard Business Review (HBR) has recently made changes to its licensing provisions, which affect links to the material in Brightspace. Previously, our license with HBR stated that we could not include materials from their database in Brightspace or any learning management system (LMS), but we could provide permalinks to HBR content in the LMS. This has recently changed and our subscription with HBR now requires that we refrain from linking to any HBR content in either Brightspace or on course syllabi.

We ask that all faculty and instructors review their Brighstpace course spaces and syllabi and remove any permalinks to HBR material, and also that they refrain from including any in the future.

To use HBR material in a course, provide the citation to the material without the permalink. Students will be able to search for and access the material from the Library’s main page: https://libraries.dal.ca/ HBR can be accessed by searching for “Harvard Business Review” in the e-journals tab on the Libraries home page and then supplying the appropriate citation information (date, volume number, issue, and start page). Students can visit any library service point or contact the libraries (see https://libraries.dal.ca/help/ask-us.html) for help on searching for and accessing the articles.

We understand the frustration this may cause you and your students, but we appreciate your understanding and assistance in this matter. Failure to remove permalinks to HBR content from Brightspace and syllabi (and to abide by the terms of our license agreement generally) can result in all Dalhousie faculty, staff, and students losing access to this resource.

If you have any questions about this change, or about options regarding the use of HBR materials in your classes, please do not hesitate to contact the Copyright Office at Copyright.Office@Dal.ca or 902-494-2003. We want to thank you again for your understanding, and for helping to foster sustainable copying practices at Dalhousie.

Instructors and Fair Dealing

February 24, 2016 Marlo MacKay Leave a Comment

This is part two in our series to celebrate Fair Dealing Week, part three (on students and fair dealing) will appear on Friday.

Fair dealing is a powerful tool for using copyrighted works in the classroom. Historically, it has been an underused concept in the educational sector, but this changed drastically in 2012 when two things happened. First, the Supreme Court of Canada issued five decisions on intellectual property — one of which dealt directly with classroom copying, and came down strongly in favour of classroom copying. Second, the Government of Canada amended the Copyright Act to include education as one of the protected categories of fair dealing.

Now, this means that fair dealing is available in the educational context, but it is important to remember that copyright in Canada is a balance: between user’s rights on one hand, and the creator’s rights on the other. So while instructors can engage in copying for their classes, it must be done in a fair and ethical manner. The framework to make this decision was explained by the Supreme Court of Canada, when they identified six factors that decide whether an instance of copying is fair. They are:

The Purpose of the Copying: This is a more expanded discussion of why you are using the work (is it for educational purposes? Research? etc.)
The Character of the Dealing: Are you planning to make multiple copies, or only one? Will they be destroyed after use?
The Amount of the Dealing: How much of the work is being copied? Are you only copying what is absolutely necessary from the work?
Alternatives to the Dealing: Could you have used a non-copyrighted alternative instead?
The Nature of the Work: Was the Work copied intended to be confidential?
The Effect of the Dealing on the Work: Is the copying likely to affect the commercial value of the work?

These factors are weighed together by the courts to decide, on the whole, whether the dealing is more or less fair.

Of course, in the interests of helping you apply these criteria, Dalhousie has adopted a list of fair dealing guidelines. These guidelines take into account the above six factors, and provide guidance on what can and cannot be copied in an educational setting. You can learn more about them here.

If you have any additional questions about Dalhousie’s fair dealing guidelines, or fair dealing in general, please contact us at Copyright.Office@Dal.ca

Fair Dealing: What is it?

February 22, 2016 Marlo MacKay Leave a Comment

This is the first in a three-part series of blog posts celebrating Fair Dealing Week (February 22–26)

Fair Dealing Week (Fair Use Week in the United States) is the Association of Research Libraries (ARL)’s annual celebration of fair dealing.

Fair Dealing is a right in the Copyright Act (Section 29) which allows the copying and communicating of copyrighted works without permission from or payment to the copyright holder in certain contexts; namely for research, private study, criticism, review, news reporting, education, satire, and parody.

In a landmark 2004 case, the Supreme Court of Canada reinforced the importance of this right in Canada, stating:

“The fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act […] The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and user’s interests, it must not be interpreted restrictively.”

Why, though, should members of the Dalhousie community care about fair dealing and Fair Dealing Week? It’s easy to see how this concept can be useful for a university community. Professors can rely on the education category to reproduce articles for students and students can make copies of material for their own research or private study.

This week we celebrate Fair Dealing Week by providing two additional blog posts (one on Wednesday and one on Friday), outlining what fair dealing means to instructors and to students.

In the meantime, please take some time to learn about Fair Dealing on the Dalhousie Libraries’ Copyright Office’s Fair Dealing Basics page and consult our Fair Dealing Guidelines. And, of course, please feel free to contact the Copyright Office with any questions at Copyright.Office@Dal.ca

Copyright Office presents on changing Access Copyright Licensing Agreement.

December 22, 2015 Michele Charlton Leave a Comment

As you may be aware, Dalhousie will be experiencing changes to our copyright licensing scheme effective January 1, 2016

To prepare for these changes, the team at the Copyright Office has had a busy fall providing 26 presentations on copyright to many of the university’s departments and faculties (including FASS, Science, Engineering, Health Professions and Medicine).

The goal of these short, 10-15 minute, presentations has been to discuss the changes in licensing, why they are important and the tools that faculty and instructors have at their disposal in making materials available.Although the major discussion has focused on Fair Dealing and licensing changes, the presentations have served as springboards for discussions on various copyright issues.

Check out some Common Copyright Questions.

Interested in having the Copyright Office team present to your faculty or department? Contact Copyright Services Coordinator, John Yolkowski by email at jyolkowski@dal.ca, or by phone at (902) 494-4346.

Looking for more information about Copyright? Visit http://www.dal.ca/dept/copyrightoffice.html

Category: Copyright News