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Copyright Office

Using protected works

As a UVic community member, you have access to a wide range of copyright-protected works that you can use without infringing copyright. If none of these apply, you can also ask the copyright owner for permission to use their work.

Fair dealing

The Copyright Act provides certain exceptions to copyright infringement, known as users’ rights. One key exception is “fair dealing,” which allows for certain uses without infringing copyright:

  • research
  • private study
  • education
  • parody or satire
  • criticism or review
  • news reporting

Learn more about how the Fair Dealing Guidelines apply to copying at UVic.

Licensed content

When you log in to access website content, the terms of use explain your responsibilities. These terms allow you to use the content in certain ways. Always check the terms and conditions before sharing or reproducing licensed content.

UVic Libraries offers a wide range of licensed content for its community members. These resources can only be used for the following purposes:

  • non-commercial
  • education
  • research

License terms can vary, so it is best to share a stable link to the original source instead of copying the work.

The database search tool shows what you can do with UVic’s licensed resources. These resources are listed by database title, not by journal title. For example, search Project Muse (vendor) instead of the Canadian Journal on Aging (title).

Government works

You can use Canadian federal Crown copyrighted material (including legislation) without permission "for personal or public non-commercial purposes," as long as you give proper attribution.

Provinces have their own copyright for publications and legislation.

British Columbia:

Linking to material that has been legally posted online is always permissible.

Creative Commons

Creative Commons (CC) licenses offer a free, simple and standardized way for individuals and organizations to grant copyright permissions for creative works. The licenses ensure that users give proper attribution, and allow specific uses of these works.

There are 6 different Creative Commons licenses. They include different combinations of the 4 basic requirements: 

 Attribution: You let others copy, distribute, display and perform your copyrighted work—and derivative works based upon it—but only if they give you credit the way you request. This element is a part of all six licenses.

  NonCommercial: You let others copy, distribute, display and perform your work—and derivative works based upon it—but for noncommercial purposes.

  No Derivatives: You let others copy, distribute, display and perform only exact copies of your work, not derivative works based upon it.

  Share Alike: You allow others to distribute derivative works only under a license identical to the license that governs your work.

(Source: Kleinman, M. The Beauty of "Some Rights Reserved", C&RL News. November 2008)

Use the CC Chooser Tool to help you select an appropriate license to share your work.

Public domain

“Public domain” refers to works where copyright has expired or the copyright owner has chosen not to enforce copyright. Works in the public domain are freely accessible and can be used by anyone for any purpose.

In Canada, copyright in a work exists for the life of the author/creator, plus an additional 70 years. Once copyright expires, the work moves into the public domain.

Sometimes, a public domain work can be adapted with new copyright-protected additions. For example, while Shakespeare's works are in the public domain, editions with annotations, translations, footnotes and prefaces are protected by copyright because they involve the editor’s skill and judgement.

Never assume that something you find on the internet is in the public domain just because it is publicly available. Most of the material that you find online is protected by copyright.

Public domain vs "out of print"

“Out of print” means that the item is no longer published, but it is not necessarily in the public domain. You must ask for permission from the publisher to reproduce the entire work.

To learn more about how long copyright lasts in Canada, see the Canada Public Domain Determination Flowchart.

Other online content

Many websites offer freely available resources. When the content is copyright-protected and not shared under an open license, it is best to treat it as “all rights reserved.” Always check the website and content for any terms of use specified by the copyright owner.

Users can sometimes reproduce copyright-protected online content without permission, thanks to exceptions in the Copyright Act. Besides fair dealing and other exceptions, there’s a specific provision  (Section 30.04 (1)) for educational institutions using material on the internet.

Seeking permissions

Learn more about contacting copyright owners for permission to use specific materials. Seek permission if:

  • no exception in the Copyright Act applies to your use
  • your intended use differs from the terms in a licence agreement
  • there is no information on how the material can be used

Questions?

If you have any questions, please contact the Copyright Office at copyright@uvic.ca.

The Copyright Office makes every effort to provide accurate information but does not offer it as counsel or legal advice.