Photocopier Copyright Guidelines

COPYRIGHT NOTICE - Copying Guidelines

NOTE: These guidelines pertain to printed works only.

Copyright applies to all original works. "Copyright" literally means the right to copy, but is commonly interpreted to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Under the Copyright Act of Canada, the owner of copyright has the exclusive right to reproduce all or a substantial part of a work. Individuals are prohibited from making copies of all or substantial parts of copyright protected works without the consent of the copyright owner. For this reason, someone who copies such works without the permission of the copyright owner may be in violation of the Copyright Act. 

Please note that Dalhousie University is not responsible for acts that violate copyright committed by an individual using a photocopy machine or scanner installed on the premises of the university.

The Fair Dealing provision described in section 29 of the Copyright Act is an exception to the rule. Copying done within the limits of fair dealing is not an infringement of copyright. Fair dealing describes copying done for the purpose of research or private study.

Under Fair Dealing, individuals are entitled to copy the following for the purposes of research or private study:

1. Subject to section 3 below, up to 10 per cent of a Published Work (other than a textbook produced primarily for the post-secondary education market), or the following, whichever is greater:

1. an entire chapter from a book provided that it does not exceed 20 per cent of the book;
2. an entire article from a periodical publication;
3. an entire short story, play, poem or essay from a book or periodical publication;
4. an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference book;
5. an entire reproduction of an artistic work from a book or periodical publication; and
6. a single musical score from a book or periodical publication.

2. Subject to section 3 below, up to 5 per cent of a textbook produced primarily for the post-secondary education market, or the following, whichever is greater:

1. an entire chapter from a textbook provided that it does not exceed 10 per cent of the textbook;
2. an entire short story, play, poem or essay from the textbook provided that it does not exceed 10 per cent of the textbook; and
3. an entire reproduction of an artistic work or a single musical score from the textbook provided that it does not exceed 10 per cent of the textbook.

3. No copies may be made of the following:

1. any of the works referred to in paragraphs 1(b) to 3(f) of these guidelines where the publication containing the work does not contain other works. For example, no copy may be made of a play from a publication containing the play but no other work;
2. unpublished works;
3. proprietary workbooks, work cards, assignment sheets, tests and examination papers:
4. instruction manuals;
5. newsletters with limited circulation intended to be restricted to a fee-paying clientele; or
6. business cases which are made available for purchase.

In certain circumstances, copies may be made of unpublished works. Copies may also be made that exceed the Fair Dealing limitations described in these guidelines without the consent of the copyright owner. Requests for making such copies should be directed to copyright.office@dal.ca for evaluation. The Copyright Officer will determine if the proposed copying is permissible. It is possible that the request may be refused.