FAQs, Tips and How-Tos

General Concepts

What is fair dealing?

Fair dealing is an exception under the Copyright Act that allows for the use of copyright-protected works for certain purposes without requiring permission, provided that use is "fair". See our Fair Dealing page to learn how to conduct a fair dealing analysis. 

How can I use copyright-protected works without seeking permission?

The Copyright Act defines the rights of owners, but it also outlines user rights through explicit exceptions. Fair Dealing and Other Exceptions support the use of copyright-protected content for specific acts, purposes and user groups. If your use of a work falls within one of the stated exceptions, permission to use the content may not be required.

If a work is openly licensed, the rights holder has pre-authorized the terms of use for their work. An open licence, such as a CC licence, sets the specific terms and conditions for which the work may be used without requiring additional permission.

Tips for using images

Whenever possible, consider substituting copyright-protected images with free online resources that have been made available for public use under terms and conditions that are user-friendly. If the image is protected by copyright, and no exceptions apply, you must obtain permission. To learn more, consult our page on Using Images.

Tips for showing movies

Did you know that showing a movie to a group of people outside of a private dwelling is considered a public performance under the Copyright Act? As such, there are several factors to consider in order to determine whether or not you need to obtain a licence to show a movie. See our Showing Movies page to learn about the factors relevant to showing a movie for a course or campus event, and for information about seeking a licence from a film rights representative.

Is it okay to upload third-party content to a generative AI tool?

Absent any specific guidance from the rights holder, we must try to interpret the terms of use of the content in a reasonable way that is respectful of the rights holder’s interests. Library licensed materials, for example, often have terms of use that do not permit the unauthorized re-use and re-distribution of the content by a third party (and the same would presumably also apply to the artificial intelligence (AI) tool that is ingesting and retaining the content). 

However, if the AI tool being used operates locally within the university environment, and if the content is neither retained by the tool nor distributed beyond the "authorized" university environment, then there would be a more reasonable case to permit the use. To learn more, please see our page on Copyright Considerations Related to Generative AI and the Library’s Ethical Considerations for Using Generative AI. 

What is considered best practice when sharing resources online?

As an alternative to copying and sharing “all rights reserved” material available online, consider providing others with hyperlinks to the original source. Why? Sharing a link does not create an additional copy and if there is no copy made, there is no copyright issue.

How to link to U of A Library's online resources

Resources available in the U of A Library's digital holdings (i.e., online journals, ebooks, databases, newspapers, image collections, etc.) are acquired under licence or subscription, and the terms of those agreements govern the use of those materials. While some agreements allow copying and sharing, many do not. Avoid restrictions by providing others in the U of A community with a persistent (stable) link to the original source. See Linking to Licensed Library Resources to learn about creating persistent links to licensed library resources.

What is a copyright review of course materials?

The purpose of a copyright review is to evaluate the copyright status and any associated licensing terms of the course materials to be shared with students. To determine whether or not a copyright review is required for the materials you have selected for your course, please see our Copyright Review of Course Materials page.

How to order a coursepack

If you are thinking about assigning a coursepack as part of your Course Materials, you may find it helpful to know that SUBprint handles printing and production, while the Copyright Office performs the copyright review. See Printing and Distribution of Coursepacks to learn more.

Is registering copyright mandatory?

In Canada, registering a copyright with the Canadian Intellectual Property Office (CIPO) is not a prerequisite for protection of a work under the law. Rather, the economic and moral rights granted under the Copyright Act apply immediately upon creation of an original literary, artistic, dramatic, or musical work. Although not mandatory, many owners choose to register their copyright as doing so does provide advantages. For a brief overview of this process, see Registering Copyright.

Additional reading on copyright and the registration process is available in CIPO's online resource A Guide to Copyright.

Copyright ownership and publishing

When publishing, you may be asked to transfer or assign your copyright to the publisher, or you may be asked to grant a licence that allows the publisher to use your work under set terms. For an overview of transferring ownership vs. licensing use, see Publication of an Original Work.

Types of licences

When granting a licence as part of a publishing agreement, check whether you are granting permission on an "exclusive" or "non-exclusive" basis. If a licence is exclusive this means you cannot licence further use of the work to others, whereas a non-exclusive licence has no such limitations. See Types of Licences for more information.

Assignments, transfers, and exclusive licences must all be in writing to be valid; verbal authorization is sufficient when granting permission on a non-exclusive basis.

Works created in the course of employment

Normally, the author of a work is the first owner of the copyright, but there is an exception in the case of works made in the course of employment. Unless there is an agreement to the contrary, the employer will be the first owner of the copyright for works created in the course of employment.

University of Alberta staff and faculty:

• For AASUA members, copyright terms are included in the collective agreements. (See the AASUA FAQ below).
• For NASA employees, copyright ownership is typically retained by the University. Signing authority related to copyright (for purposes such as granting permissions for use, licensing, or publishing agreements) resides at the Dean level or equivalent.

• Graduate Thesis Copyright FAQ
• AASUA copyright FAQ
  At the University of Alberta, the copyright terms that cover AASUA members are incorporated into the collective agreement (see Article 11: Copyright and Patent, and Appendix B: Copyright Regulations). The AASUA copyright FAQ relates to these copyright terms (as revised in 2016).