Information provided in our guide can often be confusing and hard to interpret. If ever in doubt contact Marcia Steeves the College's Academic Integrity and Copyright Officer.
Fleming College facilitiates access to print, media, and electronic resources to support student success through personalized learning, teaching and reasearch in compliance with the Canadian Copyright Act and the Fair Dealing Guidelines adopted by Fleming in 2012.
All copying, selling, or distribution of print (books, articles, peridoicals), media, or electronic resources in which copyright subsists shall compy with the guiedlines/limites provided in the above mentioned documents, as well as other relevant federal and provincial laws and/or regulations and all applicable College policies.
Fleming respects the rights of copyright owners and shall not deliberately copy, sell, distribute, or use any print or electronic materials, without explicit permission from the copyright owner, or in complaince with the above mentioned documents.
Copyright laws exist to protect the creators of published workds and to provide access to such works for the benefit of society.
A published work can be defined as a literary or artistic work protected by copyright in Canada that has been made available to the public with the consent of the copyright owner.
The copyright symbol © does not need to be present in order for copyright to exist. In Canada, a work is considered to be copyright protected as soon as the work is created. So it is safe to assume that every creative work made available to the public is protected by copyright law.
The duration of copyright in Canada is life plus 50 years. What does this mean? Material remains protected by copyright for 50 years after the death of the author. In the case of multiple authors it is 50 years after the death of the last surviving author.
In the case of "joint authorship", where one person's contribution is not distinct from that of the other author(s), then copyright will be protected until 50 years after the death of the last surviving author. This is not the case for those that contribute as editors, illustrators, cover designers, unless they specifically co-authored the material as a whole.
As of June 23, 2015 Canada extended the protection of copyright for performances and sound recordings to 70 years after the release date of the sound recording.
Most of us think of a copy as something that is printed or photocopied from an original. But the legal definition is much broader than this.
Here is a list of common educational copying activities:
Whenever staff, faculty or students engage in any of these activities, copyright must be considered. However, copying published works is not necessarily illegal. Educators have special rights within the Copyright Act that allow us to legally copy published material, provided we follow broad guidelines such as those set out in Fleming's Fair Dealing Guidelines.
December 31, 2022 - Duration of Copyright changes
The duration of copyright under the Canadian Copyright Act changed from 50 years to 70 years. All items that entered the public domain prior to December 31, 2022 will remain in the public domain.
September 26, 2017 - Access Copyright v. York University
York University filed their notice of appeal on Friday, September 22, 2017. The appeal calls into question the July federal court decision in favour of Access Copyright. More information will be posted here as information becomes available.