This section looks at areas of copyright of particular interest to librarians:
Moving published print materials from the general collection to the Reserve Collection is legal and is unaffected by copyright considerations. This includes books, print journals, CDs, DVDs, etc.
Copying materials from a published resource and placing them on reserve is different and should follow the guidelines below.
A short excerpt may be copied onto paper, from any copyright-protected course materials, including a course pack, provided that the following safeguards are met:
(i) a request to put the short excerpt on library reserve is made by or on behalf of a faculty member for a specific course or program of instruction;
(ii) the copy is made from a legal copy of the document;
(iii) the number of copies made does not exceed the number of students enrolled in the course of instruction;
(iv) the copy is used only for the purpose of library reserve; and
(v) the copy is marked with the following notice:
“This copy was provided under the Fair Dealing Guidelines of Trinity Western University which can be found here. The copy was made for research, private study, education, parody, satire, criticism, review, or news reporting. If used for the purpose of review, criticism or news reporting, the source and the name of the author must be mentioned. The use of this copy for any other purpose may require the permission of the copyright owner. Any other use may be an infringement of copyright.”
It is not permissible to copy cumulatively. This would be something like copying a chapter from a book, putting in on reserve for a couple of weeks, then withdrawing it from reserve and putting another chapter from the same book on reserve for the same class. The same would be true for providing multiple articles from the same issue of a print journal.
For information on the amount that may be copied, see the Fair Dealing in Practice section on the Fair Dealing page.
1. These guidelines apply to the library at Trinity Western University making a single copy from a work protected by copyright for the purposes of research, private study, education, parody, satire, criticism, review, or news reporting in circumstances in which the consent of the owner of copyright has not been secured and is not required by reason of the fair dealing exception in the Copyright Act. Permission from a copyright holder may be required where the copy falls outside of these guidelines.
2. Single copies that are permitted to be made under this policy must be made only from publications in which copyright subsists, such as, books, journals and other periodical publications, newspapers and magazines ("Published Works"). A copy may only be made from a lawful copy of the work in the possession of the university, and if the lawful copy is in electronic form, there is no restriction against making a copy under the contractual terms relating to the Published Work. Check the Licence Permissions page for information on what is permitted.
3. No copying may exceed 10 per cent of a Published Work or the following, whichever is greater (for textbooks produced primarily for the post-secondary market, see section 4 below):
(a) an entire chapter from a book provided that it does not exceed 20 per cent of the book;(b) an entire article from a periodical publication;
(c) an entire short story, play, poem or essay from a book or periodical publication;
(d) an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference book;
(e) an entire reproduction of an artistic work from a book or periodical publication; and
(f) a single musical score from a book or periodical publication.
4. No copying may exceed 5 per cent of a textbook produced primarily for the post secondary education market, or the following, whichever is greater:
(a) an entire chapter from a textbook provided that it does not exceed 10 per cent of the textbook;
(b) an entire short story, play, poem or essay from the textbook provided that it does not exceed 10 per cent of the textbook; and
(c) an entire reproduction of an artistic work or a single musical score from the textbook provided that it does not exceed 10 per cent of the textbook.
5. Notwithstanding any of the other provisions of these guidelines, no copies may be made of the following:
(a) any of the works referred to in paragraphs (b) to (f) of these guidelines where the publication containing the work does not contain other works. For example, no copy may be made of a play from a publication containing the play but no other work;
(b) unpublished works, subject to the provisions of paragraph 10 below;
(c) proprietary workbooks, work cards, assignment sheets, tests and examination papers;
(d) instruction manuals;
(e) newsletters with restricted circulation intended to be restricted to a fee paying clientele; or
(f) business cases which are made available for purchase.
6. Each paper copy made pursuant to Parts II, III and IV of these guidelines shall contain, on at least one page, the name of the author or artist (where known), the title of the publication from which the copy was made, the name of the publisher of that publication and the following Fair Dealing Statement:
“This copy was provided under the Fair Dealing Guidelines of the University which can be found here. The copy was made under fair dealing rights for research, private study, education, parody, satire, criticism, review, or news reporting. If used for the purpose of review, criticism or news reporting, the source and the name of the author must be mentioned. The use of this copy for any other purpose may require the permission of the copyright owner. Any other use may be an infringement of copyright.”