Tyndale Library Copyright Policy

 

What is "copyright"?

Copyright refers to the legal framework that protects the moral and economic rights of the creator of any literary and/or artistic work from the unauthorized use of their work.

Under the Copyright Act the creator retains the right to:

  • control the publication and reproduction of their work
  • receive renumeration
  • protect the integrity of their work

In Canada, copyright protection begins as soon as the work is created in a fixed manner.  Also, there are no requirements under the current law to register the work or obtain an international copyright symbol.

 

What is meant by "fair dealing"?

"Fair dealing" refers to the provision under the Copyright Act that allows the unauthorized use of any copyrighted material for the purpose of research, private study, criticism, review, education, parody or satire.

Canadian courts apply six criteria for determining whether a particular dealing is fair:

  • The Purpose of the Dealing
  • The Character of the Dealing
  • The Amount of the Dealing
  • Alternatives to the Dealing
  • The Nature of the Work
  • Effect of the Dealing on the Work

 

What is an Access Copyright Tariff?

On December 23, 2010 the Copyright Board authorized a tariff for Access Copyright for post-secondary institutions.  This tariff allows professors, students and/or staff of the Tyndale University College & Seminary to make copies of materials other than those allowed under fair dealing.  Beginning in April 2011 Tyndale agreed to terms that address making digital copies of published works.

 

What shall I do to ensure that Tyndale has permission for me to photocopy or scan an article or chapter to distribute to my class?

It is considered fair dealing under copyright legislation to distribute a small excerpt from a book or a periodical to distribute to each student in a class.  For allotted amounts please see the section entitled "How much am I allowed to copy under Tyndale's copyright license?"

The portion item to be distributed should either be owned by the Tyndale libraries or legally owned by the instructor.  If you would like to use one of the electronic resources available through the Tyndale libraries it is best to post links to where the students may obtain the readings rather than printing them out or posting a digital copy.

Instructors may also check to see if the resource is covered under the "Repertoire Look-up Tool" on the Access Copyright at:

www.accesscopyright.ca/access-copyright-repertoire-look-up-tool

 

What is covered under Tyndale's agreement with Access Copyright?

The Canadian Copyright law allows the following:

  • fair dealing with respect to any work for the purposes of research, private study, criticism, review, education, parody or satire
  • the copying of works in the public domain -- that is, works whereby copyright protection ended fifty years after the death of the author of a work

Tyndale's agreement with Access Copyright allows the following uses beyond what is permitted under the Copyright law for items within the repertoire of Access Copyright:

  • the copying of no more than 10 percent of a work for personal use (or 20 percent if copies are to be sold in course packs), or the following, whichever is greater
  • an entire newspaper article, short story, play, poem, essay or article from a book or periodical issue; an entire entry from an encyclopedia, dictionary, annotated bibliography, or similar work; an entire chapter which is less than 20 percent of a book

 

How much am I allowed to copy or scan under Tyndale's copyright agreement for personal use and classroom distribution?

Between Canadian Copyright legislation and Tyndale's Access Copyright agreement, the following is covered:

  • fair dealing with respect to any work for the purposes of research, private study, criticism, review, education, parody or satire
  • the copying of works in the public domain -- that is, works whereby copyright protection ended fifty years after the death of the author of a work

Tyndale's agreement with Access Copyright allows the following uses beyond what is permitted under the Copyright law for items within the repertoire of Access Copyright:

  • the copying of no more than 10 percent of a work for personal use (or 15 percent if copies are to be sold in course packs), or the following, whichever is greater
  • an entire newspaper article, short story, play, poem, essay or article from a book or periodical issue; an entire entry from an encyclopedia, dictionary, annotated bibliography, or similar work; an entire chapter which is less than 20 percent of a book. 

 

What can I include in a kit or a course pack?

Course packs are sold through the Tyndale bookstore.  Please visit www.tyndale.ca/bookstore for hours of operation and contact information.

When creating course packs you are allowed to copy up to 20 percent of a published work, or the following, whichever is greater:

  • an entire newspaper article or a page
  • an entire single short story, poem, essay or article from a book or periodical issue (including a set of conference proceedings) containing other works
  • an entire single item of print music from a book or periodical issue containing other kinds of work
  • an entire reproduction of an artistic work (including drawing, sculpture, painting, prints, architectural works of art or works of artistic craftsmanship) from a book or periodical issue containing other works
  • one chapter, provided is no more than 20 percent of a book

If you are including extracts from a textbook(s) in the course pack:

  • a maximum of 5 percent of a textbook may be reproduced or a single chapter of a textbook
  • a maximum of two extracts written by the same author and published by the same publisher within any period of five years
  • a maximum of 50 percent of the pages in the course pack can be taken from textbooks
  • unpublished works for which written copyright clearance has been obtained
  • more than allowed under these limits, if permission from Access Copyright has been obtained

 

Can I digitize resources and post them on the Internet or on a password protected class website (i.e. MyTyndale)?

PLEASE NOTE: For items that can be found on one of the Tyndale libraries' licensed databases (i.e. Ebscohost etc.) it is best to link to articles rather than posting the whole article on a class website.  The terms of use differ with various online resources.

Tyndale's agreement with Access Copyright now extends copying to include digital copies.  The amount of a work permitted for copying is that same as for paper copies (see previous section).

Digital copies must only be transmitted to, made available from, posted to, or stored on a secure network.  Digital copies stored on a secure network must be segregated by course of study and only be made available to Tyndale students enrolled in a course and to Tyndale employees.

The following uses are permitted for Digital copies of published works:

  • Scanning a paper copy into digital format
  • Transmitting a digital copy by electronic mail
  • Transmission by a facsimile
  • Storage of a digital copy to a secure network and storing it on a local storage device or medium
  • Projecting an image using a computer or other device
  • Displaying a digital copy on a computer or other device
  • Posting a link or hyperlink to a digital copy

Digital copies must not be posted to or made publicly available on the Internet or other public network.

 

What is not covered under Tyndale's Access Copyright agreement?

There are some activities that are NOT covered by Tyndale's Access Copyright agreement.  Permission of the copyright holder needs to be obtained for copying the following:

These activites include:

  • copying an entire book
  • unpublished works
  • the text of federal and Ontario laws, statutes and judicial decisions
  • originals of artistic works
  • photographic negatives or other transparencies (positives) mounted or unmounted
  • published workbooks, work cards, assignment sheets, tests, examination papers
  • instruction manuals including teachers' guides
  • published sheet music and other musical works
  • unpublished works, such as private letters, diaries, or class notes
  • letters to the editor and advertisements in newspapers, magazines or periodicals
  • business cases
  • Items or publishers included on Access Copyright's Exclusions List.  To find out if an item is covered, check Access Copyright's Repertoire Look-Up tool

 

What if I want to copy more than Tyndale's Access Copyright agreement and/or fair dealing allows?

You would either need to get permission from the copyright holder or contact Access Copyright for more information.

 

Are there any instances that I am able to post any materials that I digitized onto a public Internet website?

You may only post copyrighted material on the Internet if you are (a) the copyright holder yourself or (b) if you received written permission from the copyright holder to post the material on your site or (c) the material is in the public domain.

Much of the material posted on the Internet is copyrighted as well and includes postings to news groups, e-mail messages, images, photographs, music, video clips and computer software.  Generally speaking, you would need to get permission from the owner -- that is, the person or organization that created the material - to use text, graphics, images, sound and video that have been created by others.  Some Internet materials such as facts, information, titles, ideas, plots, short word combinations and works in the public domain are not protected by copyright.

Changes in Copyright Act of Canada in 2012 now permit the display of material from the Internet for educational purposes for an audience consisting mostly of students.  Material that is not to be displayed should include an obvious statement prohibiting this, more than just a copyright symbol.

 

How long can my students retain any photocopied handouts that I've transmitted through my course page after they finish my course?

Students must destroy any copies of materials transmitted via the course page 30 days after the course valuation.

 

Does that mean that I also have to destroy any digital copies of documents posted on my course website 30 days after the final transmission of marks as well?

Yes.

 

Can I photocopy, scan and/or distribute a course reading that I obtained through another course?

You can only do so if the item(s) to be distributed are either owned by yourself and/or the Tyndale libraries.

 

What do I need to know about showing a DVD or VHS video in class?

The Copyright Act of Canada, amended in 2012 permits the showing of cinematographic works for educational purposes without seeking the permission of the copyright holder.  Special rights are no longer required.  Public performance rights are still needed for showings beyond education and home use.

 

Who can I contact for more information?

For more information regarding Copyright and the Tyndale libraries' Access Copyright agreement, please contact:

Hugh Rendle, Director of Library Services
J. William Horsey Library
416-226-6620, ext. 6716
hrendle@tyndale.ca

For information regarding Copyright as it pertains to the preparation of kits and course packages, please contact the Bookstore at:

Tyndale Bookstore
416-226-6620, ext. 2188

To access the text of Tyndale's interim Access Copyright tariff 2011-2013, click here.