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Copyright Principles and Overview
What Copyright Protects
Copyright protects the expression of an idea, not the idea itself.
Protected works include:
- Literary works (books, articles, websites, computer code)
- Artistic works (photographs, diagrams, paintings, architectural drawings)
- Musical works and sound recordings
- Dramatic works (films, plays, choreography)
- Performances and broadcasts
Protection arises automatically when a work is created and fixed in a tangible form — no registration is required in Canada.
Ownership and Rights
By default, copyright belongs to the creator of the work unless:
- The work was created in the course of employment and ownership is assigned to the employer, or
- The creator transfers ownership by written agreement.
Copyright gives the owner the exclusive right to:
- Reproduce the work in any form (including digital copies)
- Perform, display, or communicate the work to the public
- Publish, adapt, or translate the work
These rights last for the life of the author plus 70 years (for most works). After this period, the work enters the public domain and can be used freely.
Moral Rights
Creators retain moral rights, even when they transfer copyright. These include the right to be credited (or remain anonymous), to protect the integrity of the work, and to object to distortion or misrepresentation. Moral rights cannot be sold but can be waived.
Using Copyrighted Material at Western
Members of the Western community may use copyrighted works for legitimate educational and research purposes when one of the following applies:
| Legal Basis | Description | Examples |
|---|---|---|
|
Fair Dealing |
Allows limited copying for education, research, or study when the amount and purpose are fair. |
Copying one article or one chapter for course readings. |
|
Licensed Material |
Use is permitted under contracts between Western Libraries and publishers. |
Linking to or streaming library e-resources in OWL courses. |
|
Statutory Exceptions |
Specific provisions for education, libraries, and persons with perceptual disabilities. |
Displaying a work in class; making an accessible copy for a student. |
|
Public Domain or Open License |
Works whose copyright has expired or that are distributed under an open license. |
Some Government reports; Creative Commons–licensed images. |
|
Permission Granted |
Rights holder has approved a specific use in writing. |
Publisher email authorizing reuse in a thesis. |
Note: When in doubt about the legal basis for use, contact Copyright Services before copying or distributing material.
Crown Copyright, Public Domain, and Openly Licensed Works
Crown Copyright applies to works created by the Government of Canada and its employees in the course of official duties. These works are owned by the Crown rather than individual authors and are protected for 50 years from the date of publication under the Copyright Act (s.12).
Many federal government works—such as publications, datasets, and reports—are made available for reuse under the Open Government Licence – Canada (OGL-C), which allows copying, modification, and redistribution with proper attribution. Always check the source for OGL-C or other licence statements before reusing government materials.
Public domain works are free to use without permission, though attribution is still recommended.
Examples include:
- Works whose copyright term has expired
- Judicial decisions and statutes
- Federal government works released under the OGL-C or explicitly identified as public domain
Openly licensed works (for example, those under Creative Commons) allow certain uses provided the licence terms are followed, such as attribution, non-commercial use, or share-alike conditions.
Always review the specific licence or government notice before reusing any open or Crown work.
Key Principles Summary
- Copyright arises automatically; it does not require registration.
- Duration is life of the author + 70 years.
- Fair Dealing and educational exceptions permit limited, specific uses.
- Licensed content may have stricter terms than Fair Dealing.
- Always attribute creators and respect moral rights.
- Contact copyright@uwo.ca for questions or training.