Library & Learning Services: Open Licensing and Copyright: Copyright vs Open Licensing

Copyright vs. Open Licensing

The concept of OER is based on a set of permissions that enable the use and modification of educational content. On this page, you will learn about the shift from traditional copyright to open licenses ("copyleft" licensing), and how you can apply open licenses to works you create, remix, and share. For additional information on copyright literacy in general, visit our Copyright Training for Faculty and Staff (eConestoga Course), or visit our Copyright for Faculty & Staff guide.

Copyright

About Copyright

What is Copyright?

Reproduce (copy)
Distribute
Publicly perform
Publicly display
Create “derivative works” (e.g., translations, revisions, other modifications)

Without permission from the copyright owner, or an applicable exception such as fair dealing under the Copyright Act (Opens in a new window), it is a violation of copyright law to exercise any of the copyright owner's exclusive rights.

For additional information on copyright literacy, see the Learning Portal's Copyright Literacy Module - opens in a new window.

What is a Copyright Licence?

A copyright licence is a grant of permission to use certain copyright rights. Copyright licences often have specific limitations that are outlined. For example, they may:

Be limited in time
Contain geographical restrictions
Only allow for educational uses
Only grant permission to use some of the copyright rights (for example, a licence may grant permission to download and distribute a work, but not the right to create derivative works)

When evaluating the permitted scope of uses, read all copyright language closely. Using a work in a manner that exceeds the scope of permissions granted in a licence is copyright infringement.

National and Local Copyright Policy

Under the Copyright Act of Canada (Opens in a new window), the author of the work is generally the owner of the copyright. However, if a work is created within the scope of the author’s employment, the employer holds the copyright unless there is an agreement to the contrary.

Check Conestoga's copyright policies (Opens in a new window) and intellectual property policies. Collective agreements or employment contracts can also affect copyright ownership. Contact the library if you need more information, since they may be able to direct you to relevant policies and contacts.

Copyright Exceptions and Limitations

Public Domain

Works in the Public Domain are released from copyright protection, due to expiration of their copyright or by designation by the copyright holder. This content may be used in any way by anyone. In Canada, with some exceptions, copyright expires 50 years after the death of the creator.

Fair Dealing

In 2012, the Copyright Act of Canada (Opens in a new window) was amended to add education as a purpose of fair dealing.

Linking to Copyrighted Materials

It is not a violation of copyright to link to copyrighted material, nor is it necessary to obtain permission from the copyright holder to, for example, link to a YouTube video in a presentation.

How to Determine Permissions

Follow this simplified checklist to determine the use permissions of the resources that you find online:

Look carefully at the resource you want to use and any information surrounding the resource to identify licensing information.
Also review the "about" and "terms of use" pages of the resource's website for permissions and licensing information.
If you cannot find a symbol or statement of the licence or the permissions for use, the copyright owner is probably retaining all of their exclusive rights.

Additional Notes:

In Canada, the majority of federal, provincial and territorial government works and records are protected by Crown copyright (Opens in a new window), and their copyright expires 50 years after the date of publication. However, the Government of Canada permits reproduction of its works for personal or public non-commercial purposes or for cost-recovery purposes under certain conditions.
Some provincial and territorial governments in Canada also allow reproduction of their works under certain restrictions. Check the respective government website for more information.

How to Seek Permission to Use a Work

Use the guidelines below to identify whether you need to seek permission from the copyright holder when repurposing existing materials as OER. You may also contact the library for help on determining whether your intended use falls within a copyright exception or licence, or whether permission is required.

You DO NOT need to ask permission if:
- The resource is in the public domain. However, note that if resources do reside in the public domain, they may contain within them copyrighted works, so examine the resource and read the terms of use carefully.
- Your intended use falls within a copyright exception or limitation (such as fair dealing).
- The way that you want to use the resource is in compliance with the terms of a copyright licence that applies to you (i.e., you already have permission in this case).
You DO need to ask permission if:
- You wish to use a resource that is protected by copyright, and your intended use would be infringing copyright law.
- You wish to use a resource in a way that is beyond the scope of the permission granted to users in an applicable copyright licence.
You should consider asking for permission if:
- You are uncertain about whether your intended use is permitted by an applicable copyright licence.
- You are uncertain about whether a work is protected by copyright.
- You are uncertain about whether your intended use falls within a copyright exception or limitation (such as fair dealing).

Attribution:

Text is a derivative of Permissions Guide for Educators - opens in a new window, by ISKME - opens in a new window, licensed under CC BY, 4.0. - opens in a new window

Click on the logo to visit the Creative Commons website for more information on open licensing.