Under the Copyright Act, producing, reproducing, or publicly performing a “work or any substantial part thereof in any material form whatever” without the copyright owner’s permission may constitute copyright infringement. As a general rule, however, providing links to Web-accessible works is not copyright infringement because it does not constitute reproduction of the work. See the Library’s Persistent Links – FAQs for more information.
Before using (e.g., producing, reproducing, or publicly performing) a copyright work or a substantial part1, consider the questions in the Copyright Permissions Flow Chart to determine whether you have the right to do so. In general, the following are among the options that may be applicable to your particular need involving use of a substantial part of one or more works:
For assistance in pursuing any of the above options please contact the University Copyright Advisor.
Copying of works in Access Copyright's repertoire by University students and staff during the period January 1, 2011 to December 31, 2015 is covered by an Access Copyright blanket license. From January 1, 2016 forward, however, if you wish to re-use digital copies made under the blanket license expiring December 31, 2015, copyright owner permission must be obtained.
On July 12, 2012, the Supreme Court of Canada rendered an important affirmative decision that addressed "whether photocopies made by teachers to distribute to students as part of class instruction can qualify as fair dealing under the Copyright Act" (2012 SCC 37). The decision took into account the six fair dealing factors laid out in a previous Supreme Court of Canada decision (2004 SCC 13). For U of L instructors this means that copying short excerpts for distribution to students as class handouts may qualify as fair dealing if the copying, on balance, is fair according to the six factors. See the University of Lethbridge Guidelines for Copying under Fair Dealing. For assistance in assessing whether fair dealing applies to copies you wish to make, please contact the University Copyright Advisor.
1In Cinar Corporation v. Robinson (2013 SCC 73), the Supreme Court of Canada said the following about "a substantial part" (paras 26-28):