Western Libraries: E-Resources, Interlibrary Loan and Course Reserves
4.1 What copyright restrictions apply to Western Libraries?
4.2 What are licences for electronic resources?
4.3 Does copyright apply to material I access using one of the library licensed databases?
4.4 Do copyright restrictions apply to material I receive through interlibrary loan?
4.5 Do copyright restrictions apply to material I receive through media booking?
4.6 Can Western Libraries send me electronic copies of articles using the Interlibrary Loan service?
4.7 Does copyright apply to material I place on reserve?
4.8 Are there special rules for scanning material obtained through the library?
4.1 What copyright restrictions apply to Western Libraries?
The library is bound by the provisions in the Canadian Copyright Act. Sections 30.1 – 30.4 specifically apply to what Western Libraries (WL) can do both itself in order to build and maintain collections for instance, and on behalf of its patrons. These sections also outline the conditions pertaining to the library’s related responsibilities, such as providing notification concerning use of the material it makes available through Interlibrary Loans or Course Reserves.
4.2 What are licences for electronic resources?
Western Libraries contracts with a variety of vendors and publishers to provide the community with thousands of digital resources such as online journals and e-books. Typically digital material is included in an electronic resource package such as a periodical database, image databank or e-book collection.
In addition to paying for access to these resources, the Library negotiates licence agreements with the vendors or publishers that stipulate how and by whom they may be used. These licence agreements are not uniform and what can be done with a specific resource can vary depending on the package that contains it. It may also be the case that a single resource, a particular electronic journal for instance, can be included in multiple packages each with different licensed use terms. For the same title for example, one package may permit copying for use in a custom course book and uploading into OWL, while another may not. The library may also subscribe to the print journal.
Licensed use terms are available through Western Libraries’ Licensed Use Search tool. See Western’s Copyright Licensed Use Guidelines for additional information.
4.3 Does copyright apply to material I access using one of the library licensed databases?
In addition to user rights articulated in the Canadian Copyright Act such as fair dealing or the education exception, the terms of the particular licence apply to this material. Some licence agreements may expressly allow use in electronic reserves or course packs or reproduction for classroom use or interlibrary lending. Other licences may prohibit one or more of these activities.
Virtually universal however are two conditions for most licences. The required purpose for any copying must be for educational or personal use. Authentication via the Library proxy is required in order to restrict access to authorized members of the Western community. Access for the general public typically is made available for ‘walk-in’ users, via computers physically located in one of Western Libraries’ locations.
Making personal copies for research or private study is usually fine, however most electronic resource packages prohibit cumulative copying or downloading, which is the systematic and sequential reproduction of a very large number of pages and in effect results in copying the entire work. Licensed use terms may also restrict whether or not a particular resource can be uploaded into the learning management system, copied for course reserves or reproduced for a custom course book.
However, providing a link to works included in a digital collection, using the persistent or durable url provided by most resources packages is typically fine for all uses. Clicking on the link routes users through proxy authentication when necessary and ensures only authorized users gain access to the material.
See Western’s Copyright Licensed Use Guidelines for additional information.
4.4 Do copyright restrictions apply to material I receive through interlibrary loan?
Copyright restrictions do apply, however material secured for you through ILL typically is for your personal research or private study. Statutory exceptions such as fair dealing or personal use would therefore apply to your use of the material.
Western’s Interlibrary Loan service is also required to inform you:
- the copy may be used for research or private study only, other purposes may require clearance from the copyright holder
- you may make one copy only
- it cannot be communicated to anyone else
- access to a digital version of the material is limited to five business days
See Western Libraries ILL/Media Booking website for additional information.
4.5 Do copyright restrictions apply to material I receive through media booking?
Personal use is included as an exception in the Copyright Act.
The Education exception permits the in-class performance of films, videos or DVDs received through media booking without the need for public performance rights, provided these conditions are met.
It is:
- for educational or training purposes;
- not for profit;
- on Western premises;
- before an audience consisting primarily of students, faculty or any person who is directly responsible for setting a curriculum for Western;
- attributed. Acknowledging the source is always required not only when specifically required by the Copyright Act (that is for the purposes of criticism, review or news reporting) but also to comply with Western’s policy on plagiarism.
A public screening of material received through ILL on campus, at an event before an audience that is not restricted to students for example, typically requires public performance rights before the media is performed.
See Western Libraries ILL/Media Booking website for additional information.
4.6 Can Western Libraries send me electronic copies of articles using the Interlibrary Loan service?
Through the Interlibrary Loans (ILL) service, Western Libraries (WL) frequently receives articles or books electronically transmitted from other libraries. Western Libraries in turn makes these digital versions available using electronic submission software. A link to the article typically is provided in an e-mail message sent to the requestor.
The Copyright Act requires that WL includes these conditions that apply to use of the digital copy in the accompanying message:
- the copy may be used for research or private study only, other purposes may require clearance from the copyright holder
- you may make one copy only
- it cannot be communicated to anyone else
- access to the digital version of the material is limited to five business days
See Western Libraries ILL/Media Booking website for additional information.
4.7 Does copyright apply to material I place on reserve?
Reproducing copyright-protected material for the reserve collection, such as uploading a digital version of an article or book, must be carried out in accordance with either a statutory exception such as fair dealing or through terms of a licence such as the Library negotiated digital licences, open access or Creative Commons licensed material. If the material is copyright protected and none of the above conditions apply, the consent of the copyright holder must be received before the material may be placed on reserve.
See Western Libraries Course Reserves website for additional information.
4.8 Are there special rules for scanning material obtained through the library?
Scanning a work or a substantial portion of one may be done only when it is not copyright-protected and no permission is required, such as scanning an insubstantial portion of a work or one that is in the public domain, or if the use falls within one of the exceptions in the Copyright Act, such as fair dealing, personal use or the education exception. If what you want to do involves copyright protected material and falls outside the statutory exceptions, you will need to obtain the copyright-holder’s consent.
Unless otherwise indicated, content on Western's copyright website is licensed under
a Creative Commons Attribution-ShareAlike 4.0 International Licence.
Created 04/24/2014
Updated
