The following non-legal information primarily reflects the Canadian Copyright Act and will help you better understand some key concepts relevant to open licensing. The external sources listed below can be consulted for more information. Seek legal counsel where official legal advice is needed.

What is the Purpose of Copyright?

Beginning with the first copyright law of 1710 (England’s Statute of Anne), a central purpose of copyright is to incentivize creators by offering exclusive rights. An additional purpose is to recognize and protect a creator’s relationship with their work by requiring attribution and preventing modification.

What Legal Rights Does a Copyright Holder Have?

Only the copyright holder has the right to license, reproduce, adapt, distribute, sell, publish, or perform an original work or a substantial part of it. If someone wants to use the work, they need to ask for permission or provide payment.

The creator is not always the copyright holder, as in the case of someone who creates a work as part of their employment duties.

I found it Free Online. Is It Protected by Copyright?

Yes. Unless content is marked as Public Domain, it is protected by Copyright even if it is under an open license. The Copyright Symbol is not necessary in Canada, though some countries do require it. Registration with the Copyright Office is also not necessary.

So Copyright Protection is Automatic?

Yes. Copyright applies to original literary and creative works the moment they are created. Photographs, artworks, student work, videos, blog posts, and Website content are just a few examples. There are some things that are not copyrightable. For example: the expression of specific facts or ideas are protected by copyright, but not the facts or ideas themselves.  

Are There Limitations and Exceptions to Copyright?

Yes. Legislators recognize the need to balance public interests with the protections of copyright holders. For example, provisions for the visually impaired allow for copying and adaptation.  Most countries also have exceptions for the purposes of parody, criticism, and other uses that may vary by country. In Canada, the Fair Dealing exception to Copyright includes the use of short excerpts for the purpose of education.  

How Might the Fair Dealing Exception for Education Apply to My Own Work?

Fair Dealing is important in your classroom teaching because it allows you to make and distribute copies of short excerpts (such as a chapter or approximately 10% of a work) to your students. Learn more at Councils of Ministers of Education . 

Applying Fair Dealing to Open Educational Resources you create and share online is less widely understood, but the Code of Best Practices in Fair Use for Open Educational Resources is a key source for learning more (Note: the report includes an appendix on Canadian Fair Dealing and concludes that the best practice recommendations are applicable in both countries).

Does Copyright Expire?

Yes. In Canada and the U.S, Copyright lasts for the creator’s life plus 70 years. Certain publications may have shorter terms, such those published by the Crown (50 years after publication) or Corporations (under U.S. Law). Upon expiration of copyright, works enter the public domain. Some creators choose to dedicate their works to the public domain at the time of creation, and bypass copyright protection.

Are Public Domain Works Free from Copyright?  

Yes. Essentially, public domain works are outside copyright and can be used for essentially any purpose without permission. Attribution of the creator of a public domain work is not required in Canada or the U.S., however it is still good practice.

How is Copyright Related to Trademarks and Patents?

Copyright is just one example of intellectual property is protected. Trademarks allow corporations or organizations exclusive ways to promote and products or services. Patent law gives inventors a limited time to produce and market their invention, in exchange for a release of their ideas after the term ends.

Sources

Creative Commons. (2024). Creative Commons Certificate Course for Educators, Academic Librarians, and Open Culture. Unit 2: Copyright   

     Law. https://certificates.creativecommons.org/cccertedu/

Government of Canada. (2023, October 1). A Guide to Canadian Copyright. Canadian Intellectual Property Office. Retrieved Feb. 17, 2024 from

       https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/guide-copyright    

 Heer Law (2023, October 19) Understanding Moral Rights Under Copyright Law. Retrieved Feb. 16, 2024 from 

      https://www.heerlaw.com/moral-rights-copyright-law

"Copyright Basics" by Beth Cormier is licensed under Creative Commons Attribution Non-Commercial 4.0. 

Choose Your Open License

CC License Chooser

The Creative Commons License Chooser might help you choose a license. 

A common license for OER is CC BY-NC (users may distribute, remix, adapt, and build upon the material for noncommercial purposes only, and only when attribution is given to the creator). 

More About CC Licenses

6 License Descriptions

Review the 6 license descriptions from Creative Commons. 

Copy the licence image or code and add it to each page of your content (or to PEFs. Include a link to the license. 

As an example, our site contains CC licensing at the bottom of each page.

Your Own Web Page is a form of Publishing

• Web pages (Google Sites, Weebly, Wix) offer great content control and are easy to share. OER Commons offers an option to submit a Web link.

• You do not have to be a skilled Web designer: a basic page with links to folders or documents is a simple option (verify that the content in the folders meets open standards and is labeled with open licenses).

• Google Sites is an attractive option if you are already using Google Drive or other Google tools. It will seamlessly integrate your content from Google applications (Docs, Slides, Drive etc.)