University of Guelph Library
Copyright
All our clients are responsible with respect to issues pertaining to copyright. Copyright is "the right to produce or reproduce" (Canadian Copyright Act) a creative work. Copyright is held by a particular individual/entity, usually the work's creator. It ensures that creators hold the right to reproduce their works, and also gives them the right to authorize others to reproduce their works. Canadian copyright applies to textual works (published or unpublished); photographs; sound recordings; broadcasts; musical, artistic and dramatic works; compilations; and subject matter related to performances.
The information that follows is provided for general guidance only and is not legal advice. In general, you may only publish or reproduce a copy of a document or record in Archival and Special Collections under three conditions:
- The documents/records are no longer under copyright;
- The Canadian Copyright Act allows publication within the scope of "fair dealing" (see When does Copyright Not Apply? below);
- You have the permission of the copyright holder (where applicable).
Some records in our collections cannot be copied or published due to donor restrictions or physical condition.
How does Copyright apply to archival materials?
Most archival resources are unpublished and can be used for the purposes of research and private study since they are no longer under copyright conditions.
All textual works, published or unpublished, are protected under copyright law for the life of the author plus fifty years. More specifically,
- If the author died before 1945, works are in the public domain (not copyrighted)
- If the author died between 1946 and 1998, works are under copyright until 31 December 2048
- If the author died after 1998, works are under copyright for fifty years after the author's death
All photographs produced in 1949 or before are in the public domain. Copyright for photographs produced after 1949 resides with the owner/commissioner of the first negative or print.
Artistic works (such as costume sketches and set designs) are protected by copyright for the life of the creator plus fifty years.
Sound recordings produced before 1944 are in the public domain; if produced after January 1, 1944, they are under copyright for fifty years after the end of the year in which the first fixation was made.
Cinematographic works of an original character (i.e. most scripted works) are protected for the life of the author plus fifty years. If not of an original character (i.e. non-scripted works like improvised works and news coverage), copyright lasts fifty years after the year of the first publication.
When is Copyright permission required?
Copyright comes into effect when your use of archival material goes beyond research or private study, for example, if you will use the material to publish/produce:
- A book, newspaper, pamphlet, etc.;
- A Web site public exhibit;
- An advertisement, poster;
- Curriculum support, academic paper;
- A film, radio, television or internet broadcast or
- When quoting a significant portion of a work
Basically, copyright applies if your work will be reproduced or viewed by many people. It is your responsibility as a user to determine if the material you use is subject to copyright, who holds copyright, how to contact them and if your use of copyrighted material constitutes an infringement under the Copyright Act. Archival and Special Collections staff may be able to assist in some cases.
When does Copyright not apply?
The following uses constitute "fair dealing." Under the Copyright Act normally you do not need to obtain permission from the copyright holder if:
- You are using a small portion of a work (e.g. one paragraph of a letter), provided it is not a "significant" portion (like a short section of a song which contains the main theme);
- You are using less than a substantial part of published material (eg. one chapter of a book) where copyright is held by the Crown, or published material whose author died fifty or more years ago.
In these cases, you must still reference the source and the author's/performer's/recording artist's/broadcaster's name, if available.
Can I get copies of archival and rare materials for study purposes?
Under Canada's Copyright Act, archives and museums are permitted to make a single copy of an unpublished work for a patron's research or private use, provided copies are stamped or marked that the material is for those purposes, and that patrons are aware further use may require the authorization of the copyright holder. Reproduction is also dependent on the physical condition of the material; staff will assess if photocopying is permissible and will provide patrons with one copy.