There are several pages available to you. Copyright Basics, Using Copyrighted Materials, Copyright-Friendly Resources & Guidelines, and the Copyright Modernization Act are applicable to everyone. You can also click on the Faculty, Students, or Staff tabs for specific information. Where applicable, these three tabs will refer you back to general information on other pages.
If you have any questions or would like to see additional information included here on the website, please contact the Copyright Advisor at MRUcopyright@mtroyal.ca or by phone at 403.440.6618.
September 25, 2017
Access Copyright v York University - Update
York University filed its appeal in the Access v York litigation with the Federal Court on Friday, September 22, 2017. More will be posted following receipt and review of all pleadings.
September 8, 2017
Fair Dealing Myths and Facts
The Canadian Association of Research Libraries has released its Fair Dealing Myths and Facts information sheet, which offers a great breakdown of misinformation around fair dealing. The French language version is available here.
September 1, 2017
Mount Royal University's Official Statement on Access Copyright v. York University
On July 12, the Federal Court released its judgement in the first phase of the Access Copyright v York University litigation.
The Court declared that certain portions of copying by York's employees were subject to the interim tariff issued by the Copyright Board. The Court further determined that this copying did not fall within the "fair dealing" exception established by the Copyright Act.
York has been ordered to pay royalties for the 2011-2013 time frame. In addition, the Court found that York's "Fair Dealing Guidelines" were neither fair in their terms nor in their application.
It should be noted that this decision is very fact-specific and is binding only on the parties to the litigation, and not on other academic institutions.
Mount Royal University continues to review this decision and is following further developments, including York University's announcement that it will appeal this decision.
Our initial analysis indicates that the decision is inconsistent with prior Supreme Court of Canada legal precedents.
Although various course pack producers, publishers and other industry players have suggested that this decision effectively overrules the Copyright Act’s fair dealing exception, in fact, the decision does not prevent “fair dealing” of copyrighted material in appropriate circumstances.
The Supreme Court of Canada has, in a number of cases, asserted that the Copyright Act’s “fair dealing” exception establishes critical “user rights” for individuals wanting to use copyrighted works. This Federal Court decision in favour of Access Copyright has neither removed nor diminished these statutory user rights.
As Mount Royal University was not a party to this litigation, it is not subject to the Federal Court’s ruling. All faculty and staff should continue to follow our Fair Dealing Guidelines.
The University continues to monitor the evolution of this case and will provide updates as applicable.
Workshops and Classroom Presentations
The Copyright Advisor is pleased to host workshops for interested groups, or speak to your class about copyright issues relevant to the course subject matter. Please give the Copyright Advisor as much time as possible to prepare for these events.
If, after browsing this guide, you still have questions or require additional information please contact MRUcopyright@mtroyal.ca, or 403.440.6618.
The Copyright Advisor is also available in EL1132 for drop-in office hours: