Copyright Basics for Students

What is copyright?

Copyright is the right to copy. A painting, musical score, a dance performance, short story or a poem are all examples of creative works. In Canada, all creative works, regardless of their merit, are entitled to copyright protection from the moment of their creation.

In order for copyright to subsist, the creative work must be original and expressed in some material form. The form itself is of no consequence. It does not matter whether a poem is written on a napkin, saved on a computer hard-drive or engraved on a wooden plank, all formats are considered expressions and are protected by copyright.

It is important to understand that copyright protects the expression of an idea rather than the idea itself. For example, two students can write a research paper on the same topic and neither has infringed on the other?s copyright. Copyright protects the research paper itself - the material form used to express the ideas on a particular topic. Similarly, when you read an article and present the ideas in your own words you have not infringed on copyright. However as the ideas are not your own you must cite your sources and give credit to the owner of the ideas in your paper. Not doing so is plagiarism.

Who owns copyright?

The author of a work is usually the copyright owner. The Copyright Act is the federal legislation that outlines the rights of creators. Only the copyright owner has the right to reproduce, perform or publish a work. The Copyright Act seeks to balance the rights of creators to control the use of their creations against the needs of users to use those creations.

The copyright owner may assign or license their copyright rights. MacEwan has a license with Access Copyright, a non-profit organization that represents authors and publishers. In return for payment, MacEwan students, staff and faculty have the advance permission to reproduce, in print format within defined limits, most published works. The purpose of Access Copyright is to ensure that its members are compensated financially for the copying of their creations.

Students should realize that they also are copyright owners. A class presentation, an English paper, a choreographic work or a web page are all examples of creative works produced by MacEwan students in the course of their studies. As the creator of the work you are automatically its copyright owner.

Why is copyright important?

You spent weeks writing and researching your English essay. A classmate asks if they can read your work. Flattered by your classmate's interest, you lend your paper. The next day you find out that your classmate has distributed copies of your essay for the entire class to read. You may be embarrassed, outraged or mildly annoyed by the classmate's actions. Regardless of your feelings about the situation, the classmate has infringed on your copyright. As the creator of the essay you are automatically the copyright owner and only the copyright owner has the right to copy, perform, distribute a work or permit others to do so.

Now imagine you are a struggling writer who relies on their writing to make a living. You would probably be more than just a little annoyed if people simply copied your book instead of buying it. Worse yet, you would certainly contemplate legal action against the individual who uploaded your book onto the Internet for the whole world to read. The Canadian Copyright Act provides the framework for legal action. Without copyright protection creators would loose the ability to control their creations.

The Copyright Act protects the economic and moral rights of creators. Copyright legislation is about balancing the rights of creators with the needs of users while maintaining best public interest.

What is fair dealing?

Fair Dealing is a user right in the Copyright Act. Fair Dealing is similar to, but not the same as, the US concept of Fair Use. Like many terms or provisions within the Copyright Act, Fair Dealing is not explicitly defined, leaving it to the courts to interpret.

Fair Dealing involves making a single copy of a work for the purpose of research, private study, criticism or review, or news reporting. These five categories, while not specifically defined in the Act, have been interpreted narrowly. For example, in the case of private study and research, the exception does not extend to making multiple copies for classroom use.

In the guide, Demystifying Copyright: A Researcher's Guide to Copyright in Canadian Libraries and Archives, Jean Dryden indicates that when determining whether a work has been dealt with fairly or not, the courts look at six factors: purpose of the dealing, quantity of the work used, significance of the work used, nature of the work used, whether the work is published and does the use interfere with the sale or future market of the original work (22-23).

If you are unsure if your use of the work constitutes Fair Dealing, it is recommended you err on the side of caution and obtain copyright permission.

What is copyright infringement?

Copyright infringement is a violation of the copyright owner's rights. In Canada it is illegal to copy, perform, distribute, or benefit financially from a work without having the copyright owner?s permission. However, in an attempt to balance the right of creators against the needs of users, the Copyright Act outlines exceptions and limitations to owner's rights. One such limitation is Fair Dealing.

What is protected by copyright?

Copyright protects seven categories of works:

Literary works includes everything from computer software and tables, to letters, short stories and compilations of literary works. The format and stage of completion of the literary work does not matter, a half finished email, a formal business proposal, a published book, and a taped lecture are all protected by copyright.

The Copyright Act defines dramatic work as "any piece of recitation, choreographic work or mime, the scenic arrangement or acting form."¹ For copyright to subsist the dramatic work must be fixed in "writing or otherwise." Films, radio and television programs, plays, videos or choreography are examples of works in this category.

Musical works is any work of "music or musical composition, with or without words, and includes any compilation thereof."¹ It should be noted that more than one copyright can exist in a musical work. The composer may hold the copyright to the music score while the recording company holds the copyright to the recording, the CD that embodies the work.

An artistic work includes "paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works."¹ An artistic work is not defined by its merit or aesthetic qualities. It does not matter whether the work is that of a five-year old child or a famous artist. All creative works are protected by copyright.

The Copyright Act refers to performers' performances and sound recordings as "other subject-matter."

A sound recording is a device such a CD or cassette on which sounds that may or may not include a musical or singing performance are recorded. Examples of sound recordings are a Louis Armstrong CD, a cassette of whale sounds, or a talking book of Michael Ondaatje's, In the Skin of a Lion.

A performer's performance refers to the live performance of an artistic, dramatic or musical work or the reading of a literary work. Examples of a performer's performance are a person reading a short story, an actor acting in a play or the Edmonton Symphony Orchestra performing Handel's Messiah.