| The Copyright Information Centre is your one stop shop to access electronically copyright information important to Canadian libraries. It will provide the latest information on Canadian copyright reform, regulations, bills to amend the Copyright Act, selected case law, and copyright position statements of the Canadian Library Association and other library/education associations. The site will also include interpretations of Canadian copyright law, international copyright law, media copyright, collective and performing rights societies, and reading and writings on Canadian copyright.
For further information, please contact:
Robert J. Tiessen ~ Chair (2009)
Head, Access Services
University of Calgary
MLT116K 2500
University Drive
Calgary, AB T2N 1N4
Tel: (403) 220-6043
Fax: (403) 282-6837
tiessen@ucalgary.ca
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John Tooth ~ Website Developer
Manitoba Education, Citizenship & Youth
Instructional Resources Unit
1181 Portage Avenue
Winnipeg, MB R3G 0T3
Tel.: (204) 945-7833
Fax.: (204) 945-8756
jtooth@gov.mb.ca |
CLA Copyright Committee (Members Access, Committee Members Only)
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Table of Contents
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Canadian Copyright Act and Case Law
Law
- Canadian Copyright Act
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C-42: "Unofficial" Consolidated Statute of the Canadian Copyright Act. Canadian Department of Justice. As revised August 31, 2004.
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- Bill C-32: An Act to Amend the Copyright Act (Phase II) (1997)
Final Implementation of Bill C-32, Act to Amend the Copyright Act (1999)
Bills
Bill C-60 - An Act to amend the Copyright Act
First Reading: June 20, 2005.
Dies on the order paper, November 29, 2005.
Regulations
Book Importation Regulations (SOR/99-324)
In force on July 28, 1999, and published in the August 18, 1999 issue of the Canada Gazette, Part II, Vol.133, No.17.
Exceptions for Educational Institutions, Libraries, Archives and Museums Regulations (SOR/99-325)
In force on July 28, 1999, and published in the August 18, 1999 issue of the Canada Gazette, Part II, Vol.133, No.17.
Educational Program, Work and Other Subject-matter Record-keeping Regulations (SOR/2001-296). In force on July 18, 2001.
Selected Case Law
Federal Court of appeal ruling on file sharing, in BMG Canada Inc. v. Doe (May 2005), which declines to rule on whether music downloading infringes copyright but upholds Internet privacy rights and sets out tests to be met in regard to the disclosure of information to industry.
http://decisions.fca-caf.gc.ca/fca/2005/2005fca193.shtml
The Ontario Court of Appeal rules that the Globe and Mail does not have the right to republish articles by freelance writers in electronic databases (October 2004). The ruling may be appealed to the Supreme Court.
Robertson v Thomson Corporation
Supreme Court Ruling on Canadian Association of Internet Providers v. SOCAN (June 2004). Addressed the liability of ISP's for the transmittal of copyrighted content on their networks, and whether caching content with the intent of improving network efficiency infringes copyright.
http://www.iijcan.org/ca/cas/scc/2004/2004scc45.html
Federal Court ruling on file sharing in BMG Canada Inc. v. Doe (March 2004) which rejects industry application to reveal names of alleged music downloaders and finds that music downloading for personal use does not infringe copyright in Canada.
http://www.canlii.org/ca/cas/fca/2005/2005fca193.html
Supreme Court ruling on CCH Canadian Ltd. v. Law Society of Upper Canada (March 2004). A crucial ruling on fair dealing and library photocopying which emphasizes the importance of user rights.
http://www.canlii.org/ca/cas/scc/2004/2004scc13.html
Information
eIFL Handbook on Copyright and Related Issues for Libraries
A Guide to Copyrights (Updated January 2005)
Canadian Intellectual Property Office
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Interpretations of Canadian Copyright Law
Copyright Matters: Some key questions and answers for teachers (2nd Edition 2005) (pdf format) - Wanda Noel and Gerald Breau
Published by the Council of Ministers of Education, Canada; Canadian School Boards Association; and the Canadian Teachers' Federation (20pp, 0-88987-156-6).
The purpose of the booklet is to answer frequently asked questions about copyright in education.
Canadian Copyright Law (3rd Ed., 2001) Information on the book by Lesley Ellen Harris.
Copying right (August 2002)
Association of Universities and Colleges of Canada
This is a guide for universities to copyright, fair dealing, and collective licensing.
Copyright Guide for Canadian Libraries - Canadian Library Association (CLA) and Wanda Noel. (December 1999, 150 pages)
This guide provides library staff with basic copyright information. It sets out who is protected by copyright, what is protected and for how long. It describes the rights copyright provides to creators and the limitations that are placed on those rights for the benefit of libraries and library patrons. Knowing these rules will permit libraries to provide maximum service to their patrons while remaining within the confines of the copyright law.
This printed guide includes the complete text of the Copyright Act and regulations pertaining to book importation and library exceptions. CLA members will be able to copy freely from the guide.
The guide is now out-of print. It is, however, available through many Canadian Libraries.
Demystifying Copyright: A Researcher's Guide to Copyright in Canadian Libraries and Archives, Jean Dryden, Canadian Library Association (January 2002, 46 pages, ISBN 0-88802-298-0).
Researchers in libraries and archives are both consumers and creators of copyright material. This guide provides information that researchers and those who serve them need in order to understand how copyright works and to apply the rules to particular situations. Includes Copyright Rules, Definitions, Summary of Economic Copyrights, What Can be used without Seeking Authorization, and Collective Societies and Other Agencies.
Faircopyright.ca by Laura J. Murray
Canadian copyright website for teachers, students and creators.
What Every Teacher Should Know About Copyright, The 2Learn.ca Education Society.
The site covers Canadian copyright law, digital images, Internet resources, and print resources.
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International Copyright Law
WIPO Copyright Treaty
World Intellectual Property Organization
WIPO Performances and Phonograms Treaty
World Intellectual Property Organization
Berne Convention for the Protection of Literary and Artistic Works, Paris Act of July 24, 1971. As Amended on September 28, 1979.
World Intellectual Property Organization
Universal Copyright Convention as Revised at Paris on 24 July 1971
United Nations Educational, Scientific and Cultural Organization
Multilateral Agreement on Investment (MAI) Homepage
Organization for Economic Co-Operation and Development (OECD)
Legal Opinion on National Reservations to the MAI by Barry Appleton LL.B, L.L.M, Appleton & Associates (1997).
Appleton & Associates, International lawyers based in Toronto and New York, offer legal answers to questions about Reservation Statements made by national governments on International Treaties, as well as specific answers to the question of how Canada's reservations to the MAI might be interpreted by an international tribunal. Focuses on Canada's concerns about the MAI's effect on Canadian healthcare, public education, childcare, social services, culture, and environment. Points out areas where the federal government's reservations are unclear, lacking, and/or their measures, in the form of country-specific "exceptions," fail to provide adequate government policy protection against certain MAI obligations.
World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO/TRIPS)
Is the WTO/TRIPS Agreement User-Friendly?
Prepared by Myra J. Tawfik January 30, 2005
Final Report to the International Trade Treaties Committee of the Canadian Library Association
An Assessment of the Impact of the General Agreement on Trade and Services on Policy, Programs and Law Concerning Public Sector Libraries - Steven Shrybman May 2001
Prepared for the CLA, CAUT, CARL, OLA, SLA, MLA, BCLA, LAA, NLC and Industry Canada
Licensing Principles for Electronic Resources (2001)
International Federation of Library Associations and Institutions (IFLA)
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Canadian Copyright Reform
Industry Canada/Canadian Heritage
Copyright Reform Process
A Framework for Copyright Reform
Bill C-60 - An Act to amend the Copyright Act
First Reading: June 20, 2005
Dies on the order paper, November 29, 2005.
The Government of Canada Introduces Bill to Amend the Copyright Act (June 20, 2005)
Clarifying Copyright and Educational Use of the Internet (June 15, 2005)
The Government of Canada Announces Upcoming Amendments to the Copyright Act (March 24, 2005)
Interim Report on Copyright Reform (May 14, 2004)
Status Report on Copyright Reform (March 2004)
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act (Section 92 Report) (October 2002)
Also available in paper from:
Information Distribution Centre
Communications and Marketing Branch
Industry Canada
Room 268D, West Tower
235 Queen Street
Ottawa, Ontario K1A 0H5
Tel: 613-947-7466
Fax: 613-954-6436
Email: publications@ic.gc.ca
Discussion Paper on Digital Copyright Issues (June 22, 2001)
Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission License to the Internet (June 22, 2001)
Study on New Media and Copyright - Final Report (June 30, 1994) - Commissioned Study for Industry Canada, New Media, Information Technologies Industry Branch.
Canadian Library Association: Position on Copyright
Response to CLA Open letter to Access Copyright Regarding Captain Copyright of July 28, 2006
(August 9, 2006)
CLA Open Letter to Access Copyright Regarding Captain Copyright
(July 28, 2006)
Letter to the Minister of Industry & Minister of Canadian Heritage and Status of Women Regarding Copyright Legislation
(June 8, 2006)
Protecting the Public Interest: Information for the Canadian library and information community on Bill C-60 (Canadian Library Association, January 2006)
CLA's position on Bill C-60
Stephen Abram's letter to the Ministers of Industry and Canadian Heritage (April 21, 2005)
CLA Submission to the Standing Committee on Canadian Heritage on the Section 92 Review of the Copyright Act (September 2003)
Copyright Protection in Unpublished Works: Final Report (April 23, 2002) - Wanda Noel
This report was endorsed by the Canadian Library Association.
CLA Response to the Consultation Paper on Digital Copyright Issues (September 15, 2001)
Public Access to Information Threatened by Copyright Inaction (July 19, 2001)
Discussion Paper on Digital Copyright Issues (June 2001)
The Copyright Forum, including the Canadian Library Association.
Regulations Related to Bill C-32 Library Exceptions and Parallel Importation (June 22, 1997)
Position Statements: Copyright (November 5, 1995)
Position Statements: Buying Around (June 15, 1978)
Other Positions on Copyright
Canadian Association of University Teachers (CAUT) Copyright Conference
Michael Geist Podcast can be viewed at:
http://www.michaelgeist.ca/content/view/1522/125/
CMEC Copyright Consortium Calls on Federal Government to Allow Use of Internet Materials in Education (September 2004)
Council of Ministers of Education, Canada
Comments from the CMEC Copyright Consortium on Federal Consultation Paper on Digital Copyright Issues (September 7, 2001)
Council of Ministers of Education, Canada
Discussion Paper on Digital Copyright Issues (June 2001)
The Copyright Forum
Statement of Principles for the Management of Copyright in the Digital Environment (2001)
Canadian Association of Research Libraries
Statement on Copyright (February 1995)
Council of Ministers of Education, Canada
Copyright Issues
Association for Media and Technology in Education in Canada (AMTEC)
CALL/ACBD Copyright Information
Canadian Association of Law Libraries
CARL/ABRC Copyright
Canadian Association of Research Libraries
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Canadian Schools
Pan-Canadian Schools/CANCOPY Copyright License Agreement (1999-2004), as extended on August 26, 2004 (Not including Quebec)
The 1999-2004 Agreement has been extended until some time in 2007 when the Copyright Board will determine the tariff.
Council of Ministers of Education, Canada (CMEC)/CANCOPY Press Release, November 2, 1999
Pan-Canadian Schools/CANCOPY Copyright License Agreement 1999-2004 - Questions and Answers (Press Conference, Toronto, November 2, 1999)
Pan-Canadian Schools/CANCOPY Copyright License Agreement 1999-2004
Schedule "A" - School Boards (published in pdf format)
Schedule "B" - License Exclusions List (2005-2006) (published in pdf format)
Schedule "C" - Addresses Notice (published in pdf format)
Schedule "D" - Specific Interpretative Rules and Provisions for Ministers and Ontario School Boards (1999-2004) (published in pdf format)
Sampling Protocol (published in pdf format - 418 Kb)
Pan-Canadian Schools/CANCOPY License Agreement Information Poster (published in pdf format - 144 Kb)
Interpretation of Canadian Copyright Law for Teachers
Copyright Matters: Some Key Questions and Answers for Teachers, 2005 (published in pfd format - 98 kb)
Council of Ministers of Education, Canada; Canadian School Boards Association; Canadian Teachers' Federation
This is a newly revised edition of the original September 2000 document.
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Quebec Schools
Société québécoise de gestion collective des droits de reproduction (COPIBEC)
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Band Operated Schools
Government of Canada Photocopy Licence, 2004-2009
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Universities and Colleges
AUCC Model License with Access Copyright
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Media Copyright
Radio and Television Taping/Public Performance
The copyright collective administering rights and collecting royalties related to the taping/public performance of radio and television programs is the Educational Rights Collective of Canada (ERCC). The ERCC does not have a web site. The taping/public performance Record-Keeping Form below is approved by the Copyright Board of Canada for use by educators. The Copyright Board has set tariffs for taping/public performance for 2003-2006. The definitions of news program, news commentary program, and documentary have been revised as of December 2003.
Relevant Copyright Laws
Record-keeping Regulations
Tariffs
Guidelines (Definitions)
Schedule (Form) (published in pdf format - 21 Kb)
Purchase of Blank Audio Recording Media Levy-Free
The following media are eligible for zero-rating purchases: audio cassette, MiniDisc, CD-R audio, CD-RW audio, CD-R, CD-RW.
You are going to the site of the Canadian Private Copying Collective (CPCC):
Zero-rating for buyers and Online Application Form
FAQ for buyers
Where can I make royalty free purchases?
Purchase of Blank Audio Recording Media - Federal Exemption for Perceptually Disabled
Exemption for the perceptually disabled (CPCC)
Media Copyright Information
Copyright Issues
Association for Media and Technology in Education in Canada (AMTEC)
eduSource Canada
Canadian Network of Learning Object Repositories
Copyright Matters: Some Key Questions and Answers for Teachers, 2005 (published in pfd format - 419k)
Council of Ministers of Education, Canada
Copyright Guide
Langara College
Media Awareness Network
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Collective and Performing Rights Societies
Access Copyright (formerly Cancopy)
Canadian Musical Reproduction Rights Agency Limited (CMRRA)
Canadian Private Copying Collective (CPCC)
Periodical Writers Association of Canada (PWAC)
Playwrights Guild of Canada (PUC)
Society of Composers, Authors, and Music Publishers of Canada (SOCAN)
Société québécoise de gestion collective des droits de reproduction (COPIBEC) English and French sites
Other Canadian Copyright Collective Societies
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Readings and Writings on Canadian Copyright
Canadian Copyright Law
Access to Information in a Digital World
Adams, Karen and Birdsall, William F.
Canadian Library Association, 166 pp. ISBN 0-88802-310-3, $49.95
Bill C-60 - An Act to amend the copyright Act
First Reading: June 20, 2005.
Dies on the order paper, November 29, 2005.
Bill C-32: An Act to Amend the Copyright Act Phase II
Web Address: http://www.parl.gc.ca/bills/government/C-32/C-32_4/C-32_cover-E.html
Canadian Copyright Act Chapter C-42: "Unofficial" Consolidated Statute of the Canadian Copyright Act. Department of Justice. As updated August 31, 2004.
Web Address: http://laws.justice.gc.ca/en/C-42/
Copyright Guide for Canadian Libraries - Canadian Library Association (CLA) and Wanda Noel (December 1999, 150 pages).
This guide provides library staff with basic copyright information. It sets out who is protected by copyright, what is protected and for how long. It describes the rights copyright provides to creators and the limitations that are placed on those rights for the benefit of libraries and library patrons. Knowing these rules will permit libraries to provide maximum service to their patrons while remaining within the confines of the copyright law.
This printed guide includes the complete text of the Copyright Act and regulations pertaining to book importation and library exceptions. CLA members will be able to copy freely from the guide.
The guide is now out-of-print. It is, however, available through many Canadian libraries.
Copyright Matters: Some Key Questions and Answers for Teachers, 2005 (published in pfd format - 419 kb)
Council of Ministers of Education, Canada; Canadian School Boards Association; Canadian Teachers' Federation
This is a newly revised edition of the original September 2000 document.
Demystifying Copyright: A Researcher's Guide to Copyright in Canadian Libraries and Archives, Jean Dryden, Canadian Library Association (January 2002, 46 pages, ISBN 0-88802-298-0).
Researchers in libraries and archives are both consumers and creators of copyright material. This guide provides information that researchers and those who serve them need in order to understand how copyright works and to apply the rules to particular situations. Includes Copyright Rules, Definitions, Summary of Economic Copyrights, What Can be used without Seeking Authorization, and Collective Societies and Other Agencies.
Geist, Michael In the Public Interest: The Future of Canadian Copyright Law. Irwin Law, 2005. ISBN: 1-55221-113-4. $50.00
----. Michael Geist's website. Contains his writings on the Internet, copyright, the law and technology.
Harris, Lesley Ellen Canadian Copyright Law . McGraw-Hill Ryerson, 2001. 3rd Edition
Web Address: http://www.mcgrawhill.ca/copyrightlaw/aboutccl.html
Online Book Order
----. Copyright, New Media Law Newsletter: for Libraries, Archives and Museums Free e-newsletter. To sign up send e-mail to lehletter@copyrightlaws.com
----. Licensing Digital Content: A Practical Guide for Librarians
----. Digital Property: Currency of the 21st Century
Book. Amazon.com.
Industry Canada/Canadian Heritage
Copyright Reform Process
Web Address: http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/vwGeneratedInterE/Home
A Framework for Copyright Reform
Web Address: http://strategis.ic.gc.ca/SSG/rp01100e.html
Interim Report on Copyright Reform (May 14, 2004)
Web Address: http://www.parl.gc.ca/InfocomDoc/Documents/37/3/
parlbus/commbus/house/reports/herirp01-e.htm
Status Report on Copyright Reform (March 2004)
Web Address: http://strategis.ic.gc.ca/epic/internet/incrp-prda.nsf/en/rp01133e.html
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright ct (Section 92 Report) (October 2002)
Web Address: http://strategis.ic.gc.ca/epic/Internet/incrp-prda.nsf/vwGeneratedInterE/rp00863e.html
Consultation Paper on Digital Copyright Issues (2001)
Web Address: http://strategis.ic.gc.ca/epic/Internet/incrp-prda.nsf/vwGeneratedInterE/rp01099e.html
Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission License to the Internet (2001)
Web Address: http://strategis.ic.gc.ca/pics/rp/retransmissione.pdf
Noel, Wanda and Canadian Library Association (CLA). Copyright Guide for Canadian Libraries (December 1999, 150 pages).
This guide provides library staff with basic copyright information. It sets out who is protected by copyright, what is protected and for how long. It describes the rights copyright provides to creators and the limitations that are placed on those rights for the benefit of libraries and library patrons. Knowing these rules will permit libraries to provide maximum service to their patrons while remaining within the confines of the copyright law.This printed guide includes the complete text of the Copyright Act and regulations pertaining to book importation and library exceptions. CLA members will be able to copy freely from the guide. This book is now out-of-print. It is, however, available from many Canadian libraries.
Supreme Court of Canada Decisions Index of Reports & Searchable Database.
Centre for Research in Public Law at the University de Montréal - Faculty of Law. Web Address: http://www.droit.umontreal.ca/doc/csc-scc/en/index.html
United States Copyright Law
Conference on Fair Use (CONFU). Fair Use Guidelines for Educational Multimedia
Appendix J from the (U.S.) CONFU Report. September 1997.
The Copyright Website - U.S. Copyright Law.
Fair Use and Copyright - U.S. Copyright Information.
U.S. Copyright Act - Title 17
U.S. Copyright Office, The Library of Congress
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Updated Tuesday, May 16, 2006 |
