Copyright FAQ

Copyright is a legal framework that protects creators of literary and artistic works by establishing economics and moral rights that enable creators to control publication and reproduction of their works, receive remuneration and protect the integrity of their works (York University, 2025, “What is copyright and what does it do?”).

Copyright applies to original literary, dramatic, musical and artistic works that are in a fixed material form (i.e., written, recorded) and means that a copyright owner has:

  • the sole right to produce or reproduce that work or a substantial part of it in any material form
  • the sole right to perform that work or any substantial part of it in public
  • if the work is unpublished, the right to publish it or any substantial part of it

Copyright protection applies to all original literary, dramatic, musical and artistic works provided the conditions set out in section 5 of the Copyright Act have been met. Each of these general categories covers a wide range of creations, including:

  • literary works such as books, pamphlets, computer programs, software and other works consisting of text 
  • dramatic works such as motion picture films, plays, screenplays and scripts 
  • musical works such as musical compositions with or without words 
  • artistic works such as paintings, drawings, maps, photographs, sculptures and plans 

Copyright also applies to other subject-matter, as described below, though the associated rights may differ somewhat.

  • Performers' performances, meaning any of the following:
    • a performance of an artistic, dramatic or musical work, whether or not the work was previously recorded and whether or not the work's term of copyright protection has expired
    • a recitation or reading of a literary work, whether or not the work's term of copyright protection has expired
    • an improvisation of a dramatic, musical or literary work, whether or not the improvised work is based on a pre-existing work
  • sound recordings, meaning recordings consisting of sounds, whether or not a performance of a work, but excluding any soundtrack of a cinematographic work where it accompanies the cinematographic work
  • communication signals, meaning radio waves transmitted through space without any artificial guide, for reception by the public 

(Government of Canada, 2024, “Definition and applicability”).

The Canadian Association of Research Libraries (CARL) has produced a short introduction to copyright.

Video: Module 1: An Introduction to Copyright

The use of copyright protected works at Algoma University is guided by laws and regulations of the Canadian Copyright Act. The Act does recognize the need for a balanced approach to Copyright in order to provide accessible education as well encouraging societal and commercial innovation. Therefore, it outlines certain exceptions, one of which is Fair Dealing.

Fair Dealing is a user’s right in copyright law, permitting use of, or “dealing” with, a copyright protected work without permission or payment of copyright royalties. The Fair Dealing exception in the Copyright Act allows you limited and reasonable use of other people’s copyright protected materials, without permission, for the purposes of research, private study, satire, parody, criticism, review or news reporting and, importantly, education provided that what you do with the work is ‘fair’.

Fair Dealing is an essential part of our education system. It’s an important exception in Canadian copyright law that ensures a balance between protecting creators’ rights and allowing public access to information.

Current Canadian laws around copyright and Fair Dealing strike this balance well. Universities produce a wide range of educational materials including PowerPoint presentations and professors’ books related to their fields, which are published, supported and often funded by the universities themselves. Fair Dealing allows for the equitable use of educational resources, supporting a modern and accessible education system (Universities Canada, 2026, “Protecting fair dealing for education”).

There are other exceptions found in Part III of the Copyright Act. These exceptions allow copyrighted works to be copied without authorization or payment under certain conditions or for specific purposes (for example: shifting a work from an obsolete form to a modern form, or for accessibility purposes). For more information on exceptions within the Copyright Act and to determine if they are applicable to you, please consult a lawyer specializing in IP law, or a legal clinic focused on IP.

The Copyright Act includes a number of exceptions through which a copyright-protected work may be used without requiring permission.

One such exception, Fair Dealing, is a user’s right in Canadian copyright law which allows for short excerpts of a work to be copied without permission for certain purposes such as education, private study, research and criticism.

Definition of a Short Excerpt:

  • Up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)
  • One chapter from a book
  • A single article from a periodical
  • An entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works
  • An entire newspaper article or page
  • An entire single poem or musical score from a copyright-protected work containing other poems or musical score
  • An entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work provided that in each case, no more of the work is copied than is required in order to achieve the allowable purpose.

What is an eResource?

Electronic resources are materials in digital format accessible electronically such as electronic journals, electronic books and online research databases.

Copyright and license restrictions on use of eResources

The library purchases and subscribes to eResources to provide support for all areas of our educational programming. This is to ensure that students, faculty and staff have access to peer reviewed evidence-based research materials. The use of these eResources is governed by Canadian copyright law, and the terms and conditions of the license agreements between Algoma University and resource providers. Each user is responsible for complying with these terms and conditions, including any restrictions on printing, emailing and downloading licensed content.

See our Electronic Resource Licensing and Usage page for more information.

As a student, are works I create (such as assignments and research) protected by copyright?

Yes. The Copyright Act specifies that “every original literary, dramatic, musical and artistic work” is protected by copyright, and this includes student work as well as your thesis. This means that your permission is required in order for an instructor to keep a copy to share it with future students (SFU Library, Copyright, Students, 2023).

In general, a student should always:

  • Think first about how they would want their own work to be protected.
  • Think about respecting copyright and making sure they have the right to copy, share, publish or record an original literary, artistic or musical work.

Creative Commons is a non-profit organization that promotes the sharing of knowledge and resources. The organization offers free licensing tools for works in an effort to increase the sharing & re-using of materials with a "some rights reserved" approach to licensing. Through their affiliate organizations, Creative Commons works to promote their mission of sharing. This allows further distribution and sharing of the materials, while creators are still able to maintain copyright of their work.

Please note: These resources often include a terms of use statement, listing conditions for using the material.

Check out our Creative Commons page for more information.

Creative Commons copyright licenses and tools strike a balance within the traditional “all rights reserved” landscape that copyright law often creates. These tools provide everyone from individuals, institutions, or even large companies with a legal and easy way to grant copyright permissions to their creative works.

Creative Commons also provides tools for licensing works for the public domain. These allow licensors to waive all rights to their works if desired.

Video: What are Creative Commons Licenses?

This section is in progress. Queen’s University has done a lot of work on this topic. See the link below.

Queen’s University Copyright & Artificial Intelligence

All original literary, dramatic, musical and artistic work, computer programs, translations and compilations of works are generally protected by copyright, except where the creator has been deceased for over 50-70 years, depending on the case. If you are not certain, assume a work is protected by copyright.

However, in addition to Fair Dealing there are a number of important alternatives to using materials protected by copyright, including:

  • Insubstantial use
  • Public domain
  • Links

Take a look at Exceptions to copyright before considering these alternatives. Your intended use of a work may already be covered under these exceptions. As well, consider whether a work may be available under a Creative commons or open access licence (University of Ottawa, 2026, “alternatives to copyright”).

The United Nations Educational, Scientific and Cultural Organization (UNESCO) defines Open Educational Resources (OER) as:

“learning, teaching, and research materials in any format and medium that reside in the public domain or are under copyright that have been released under an open license, that permit no-cost access, re-use, repurpose, adaptation and redistribution by others” (OER section para. 1).

For more information, see the library's webpage on OERs.

Copyright Act, RSC 1985,c C-42. https://laws-lois.justice.gc.ca/eng/acts/c-42/page-6.html

Government of Canada. (2024, October 15). A guide to copyright. https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/guide-copyright#copyrightDefinition

Queen’s University Library. (2026). Copyright & Artificial Intelligence. https://guides.library.queensu.ca/c.php?g=739925&p=5373402

Queen’s University Library. (2026). Research Guides: Copyright information for Faculty & Copyright Information in the Classroom. https://guides.library.queensu.ca/c.php?g=739924&p=5344008

Simon Fraser University Library. Sample Statement for your course syllabus. https://www.lib.sfu.ca/help/academic-integrity/copyright/instructors/copyright-statement-syllabus

Unesco. (2026). Open Educational Resources. https://www.unesco.org/en/open-educational-resources

Universities Canada. (2026). Our work: protecting fair dealing for education. https://univcan.ca/copyright/

University of Ottawa. (2026). University of Ottawa Library: what is copyright - alternative to copyright. ttps://www.uottawa.ca/library/copyright/what-is-copyright/alternatives-copyright

York University. (2025). Copyright @ York. https://copyright.info.yorku.ca/faq/#geninfo1

 

Disclaimer

All content included is intended for Algoma University staff, faculty, and students. This guide is a reference for the application of general copyright principles and practice and is not intended to provide legal advice.