Copyright Compliance and Administration

1.0    BACKGROUND AND PURPOSE

1.1    The purpose of this policy is to define how the University manages its rights and obligations under Canada’s copyright law when copyright protected works in any media are used for a bona fide university teaching, learning, research or administrative purpose.

2.0    GLOSSARY

2.1    Creator means the creator of the Work.

2.2    Copyright means the right to reproduce a Work or any substantial part of a Work in any material format and the right to publicly perform a Work or any substantial part of a Work. Copyright exists in an original Work fixed in a tangible medium of expression and gives the copyright owner the exclusive right – subject to specific User Rights in the Copyright Act – to reproduce, adapt, distribute, perform, translate or publicly display the Work and to authorise others to do the same. Copyright is of limited duration and protects the expression of an idea, not the idea itself or facts.

2.3    Fair Dealing means a User Right under Sections 29, 29.1 and 29.2 of the Copyright Act to make a copy of a work without the copyright owner’s permission or payment of royalties when used for the purpose of research, private study, education, parody, satire, criticism, review or news reporting, and when the use is fair.

2.4    Copyright Infringement means an action taken without the permission of the copyright owner that, according to the Copyright Act, only the copyright owner has the right to do.

2.5    Copyright Office means the entity that provides leadership in matters concerning copyright at the University, and coordinates and helps to administer the following copyright activities at the University:

• Advisory service,
• Education, training and outreach,
• Policy and planning, and
• Permissions, licensing and complaints.

2.6    Licence means:

2.6.1    An agreement negotiated between the University and a Copyright holder/licensor (including University Members) governing the use of Works;

2.6.2    The terms of use or similar agreement accepted by the University or University Member as part of the requirements for gaining access to Works;

2.6.3    An open licence, such as a Creative Commons licence, whereby the Copyright owner grants to end-users specific reproduction and distribution rights;

2.6.4    Any licence held by the University to Works created by University Members as specified in University policies or collective agreements between the University and employee groups.

2.7    University means Simon Fraser University.

2.8    User Right means an exception found in the Copyright Act that allows a user of a copyright protected Work to undertake, without the permission of the copyright owner, one of the exclusive rights of the copyright owner. An example of a User Right is Fair Dealing.

2.9    Works means published and unpublished creative works such as:

2.9.1    Literary works including books, poems, correspondence, textual notes, and computer code;

2.9.2    Dramatic works including recitation, choreography, cinematography with dramatic elements;

2.9.3    Musical works including a musical composition; and

2.9.4    Artistic works including paintings, drawings, maps, charts, plans, photographs, digital images, sculpture, works of artistic craftsmanship and architectural works.

3.0    SCOPE AND JURISDICTION

3.1    This policy applies to all University employees and students who reproduce and use copyright protected works in all media and formats in the course of University teaching, learning, research and administrative activities.

3.2    This policy applies when the copies made of a Creator’s Work are not covered by the exceptions enumerated under Canada’s copyright law (e.g., Fair Dealing) or a Licence and, without the copyright owner’s permission, would be Copyright Infringement.

This policy does not apply when University employees and students participate in non-University activities or in organizations that operate independently of the University, for example outside employment, volunteer or other activity in an area unrelated to University activities, or activity conducted wholly while on an unpaid leave of absence from the University.

4.0    POLICY

Compliance

4.1    University employees and students must comply with Canada’s Copyright law and this policy and its procedures using the available institutional resources and services.

4.2    The University will:

4.2.1    in accordance with this policy’s associated procedures, evaluate whether use of a Work for teaching, learning, research and administrative activities is permitted by a User Right or a Licence; and

4.2.2    if such use is not permitted by a User Right or a Licence, where possible and reasonable, negotiate, obtain Copyright permissions and licences and pay any necessary fees for that use.

Copyright Program, Education, and Resources

4.3    The University will manage a university-wide copyright program through its Copyright Office which will also support other departments that perform Copyright-related responsibilities.

4.4    The Copyright Office will prepare and deliver presentations and workshops to engage and educate SFU Creators and users of Copyright protected works.

4.5    The University will provide the institutional guidance framework governing the Copyright function and program, which is needed to systematically plan and coordinate Copyright related matters university-wide, enabling a single, consistent approach to Copyright issues.

4.6    The University will establish the related institutional resources and administrative tools needed to support an effective Copyright program, including a central Copyright website, information guides and guidelines, business processes and workflows, record-keeping and reporting systems, information technology systems and the means to measure and evaluate the quantity, value and effectiveness of copyright licensing. The Copyright Office, with the University Library, will develop and maintain such resources working with other departments as needed.

5.0    ROLES AND RESPONSIBILITIES

5.1    The Provost and Vice-President, Academic has executive responsibility for implementing this Policy.

5.2    The Dean of Libraries and University Librarian, has operational responsibility for coordinating a university-wide copyright program.

5.3    The University Copyright Officer has responsibility for coordinating compliance with copyright law and policy as well as the administration of copyright related activities university-wide and for coordinating the support and education of employees and students about copyright law, Creators’ and User Rights, and how SFU manages copyright.

6.0    INTERPRETATION

6.1    Questions of interpretation or application of this policy or its procedures shall be referred to the President, whose decision shall be final.

7.0    PROCEDURES AND OTHER RELATED DOCUMENTS

7.1    The legal and other University Policy authorities and agreements that may bear on the administration of this Policy and may be consulted as needed include but are not limited to:

7.1.1    University Act, R.S.B.C. 1996, c. 468

7.1.2    Copyright Act, R.S.C. 1985, c. C-42

7.1.3    Accessible British Columbia Act, SBC 2021. C. 19

7.1.4    Intellectual Property Policy (R 30.03)

7.1.5    Policy on University Trademarks (GP 28)

7.1.6    Policy on External Research Grants and Contracts (R 10.01)

7.1.7    Policy on Service Contracts (AD 3.13)

7.1.8    Acceptable Use and Security of Digital Information and Electronic Systems (GP 24)

7.1.9    Student Academic Integrity Policy (S 10.01)