Copyright Guidelines

Term Protection Guidelines

Determining whether copyright protection exists is important to consider first. Copyright doesn’t last forever and a foundational consideration centres on the term, or length of time that must pass before a work is no longer protected by copyright. Nothing further needs to be done if copyright doesn’t subsist.

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Substantiality Guidelines

When you plan to use a work in its entirety, you definitely will need to consider copyright. However when you want to use part of a work, copyright applies only if the amount is substantial. Substantiality is a second foundational concept in determining when a portion of a work is copyright protected.

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Licensed Use Guidelines

Determining if consent is already present in one form or another, including specific terms of a licence, will help to clarify use.

These Guidelines expand the concept of licensed use and give additional background to the 3rd question in Western’s Copyright Decision Map. Remember that other statutory exceptions or conditions outlined in the Map may apply to your situation.

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Fair Dealing Exception Guidelines

“Fair dealing” is an important statutory exception provided by the Canadian Copyright Act.

These Guidelines expand the concept of fair dealing, give additional background to the 4th question in Western’s Copyright Decision Map, and indicate the kinds and levels of copying typically encompassed by the fair dealing exception. Remember that other statutory exceptions or conditions outlined in the Map may apply to your situation.

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Educational Exception

This exception in Copyright Act outlines the circumstances and conditions when educational institutions may use copyright protected works without seeking clearance.

These Guidelines provide detail concerning this exception and give additional background to the 4th question in Western’s Copyright Decision Map. Remember that other statutory exceptions or conditions outlined in the Map may apply to your situation.

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Personal Use Exception Guidelines

This exception in Copyright Act outlines the circumstances and conditions when individuals may use copyright protected works without seeking clearance.

These Guidelines provide detail concerning this exception and give additional background to the 4th question in Western’s Copyright Decision Map. Remember that other statutory exceptions or conditions outlined in the Map may apply to your situation.

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Seeking Clearance Guidelines

When all other options enabling the reproduction of a work have been exhausted, seeking clearance from the copyright holder is required. These Guidelines expand the 5th question in Western’s Copyright Decision Map and provide information concerning alternatives to copying and securing copyright clearance.

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Creative Commons LicenceUnless otherwise indicated, content on Western's copyright website is licensed under
Creative Commons Attribution-ShareAlike 4.0 International Licence.


Created 12/01/2013
Updated