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Copyright guide for Camosun College

Creative Commons License

Except where otherwise noted, this website is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

The information obtained from or through this website is provided as guidelines for using works for educational purposes and is not intended to constitute legal advice.

Out of Class

Copyright for Staff

Camosun faculty and staff are required to adhere to the Fair Dealing Policy. Fair dealing and educational exceptions in the Copyright Act are available to the Camosun community for teaching and training purposes. Since general college publication and events are usually not covered by these exceptions, if copyrighted material used during events or publication, staff will be asked to identify an alternative resource or seek permission for use from the copyright holder and pay any associated royalties. Assistance will be available when permission is required. For more information on fair dealing visit the Copyright In Class webpage. 

If there are any immediate questions that are not addressed here please contact Copyright Advisor.


Copyright Owners' right

Copyright owners have a number of legal rights, including the right to copy and translate a work and the right to communicate a work to the public by telecommunication. Certain exceptions apply to these rights that are meant to balance copyright holders' interests with broader public interests, primarily the use of works for purposes such as teaching and research.

For more detail, please check Your Copyright page.

Find Copyright Free Images

These websites provide copyright-friendly images you can use freely as long as you abide by any terms of use provided by the owner of the content. 

What kinds of exceptions are there in Canadian Copyright Law?

Copyright protects not only the creators' rights but also the users' rights. If copyright law is written too favorably to copyright holders, it will restrict users' rights and limit the goal of sharing knowledge across society. Therefore, there are always exceptions in copyright. For example, Canadian Copyright Law includes Fair dealing provision to protect users right. There are various exceptions more than Fair Dealing. 


Non-commercial user generated content (mash-ups)

A person may use an existing work which has been published or otherwise made available to the public in the creation of a new work, provided:

  • The source of the existing work is given where reasonable
  • The existing work was legally acquired
  • The new work is for non-commercial purposes
  • The new work does not have a substantial adverse effect (financial or otherwise) on a current or potential market for the existing work

Copyright Act, Section 29.21


Back-up copies

A person may reproduce the source copy of a work they own or have licensed, provided: 

  • The source copy was legally acquired
  • The person does so solely for back-up purposes in case the source copy is lost, damaged or otherwise rendered unusable
  • The person does not share the reproduction
  • The person, while making the production, does not break a technological protection measure, such as a digital lock

Copyright Act, Section 29.24


Reproduction of a broadcast for later listening or viewing

A person may record a program for the purpose of listening to or viewing it later, provided the person:

  • Receives the program legally
  • Does not break a digital lock in order to record the program
  • Makes no more than one recording of the program
  • Keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time
  • Does not give the recording away and uses it only for private purposes

Copyright Act, Section 29.23


Reproduction for private purposes

A person may reproduce a work, for a private purpose, provided:

  • The copy of the work from which the reproduction is made is not an infringing copy
  • The person legally acquired the copy of the work (other than by borrowing it or renting it) and owns or is authorized to use the medium or device on which it is reproduced
  • The person did not break a digital lock in order to make the reproduction
  • The´╗┐ person does not give the reproduction away

Copyright Act, Section 29.22


Additional exceptions (selected)

The following sections of the Copyright Act list other user's rights:

Exception

Section

Persons with perceptual disabilities Section 32
News reporting of a public lecture Section 32.2(1)(c)
Public reading of an excerpt from a copyright-protected work Section 32.2(1)(d)
Use of a commissioned photograph Section 32.2(1)(f)
Religious, educational, or charitable performance  Section 32.2(3)
Private music copying  Section 80

For a concise overview of exceptions to owners' rights for individuals, see pages 84-86 of Canadian Copyright: A Citizen's Guide (2nd ed.) (Murray & Trosow, 2013)

Adapted from Exceptions in Copyright Acts from Langara College under a Creative Commons Attribution-ShareAlike 4.0 International License.

Music for Events and Facilities

Summary

The Copyright Act allows you to play a sound recording or live radio broadcasts in class as long as it is for educational or training purposes, not for profit, on Camosun College premises and before an audience consisting primarily of students, faculty or any person who is directly responsible for setting a curriculum for Camosun College. However, if you want to use music for non-educational purposes, for example, for background music at a conference or in an athletic facility, a license must be obtained from the copyright collective SOCAN.

Camosun College is required to pay SOCAN tariffs when it rents out its facilities (e.g. rooms, gardens, halls, etc.) for events that play music.  If recorded music is played at these events, the organizations are also required to pay Re:Sound tariffs. The cost of such SOCAN and/or Re:Sound fees can be passed onto the renter of the premises.  This document provides some general information about SOCAN and Re:Sound fees and potential applicability of these fees to Camosun facilities.

In 2019, SOCAN and Re:Sound launched their joint license venture Entandem to simplify the licensing process. Therefore, instead of getting 2 separate tariffs from SOCAN and Re:Sound, users just need to contact Entandem to get the license. 


Examples

SOCAN (Society of Composers, Authors and Music Publishers of Canada) requires users of music to obtain a SOCAN license to perform, or authorize others to perform, copyright music in public.  Depending on the category a music user falls under, if at all, license fee may be payable on a per-event or annual basis.  SOCAN currently monitors and imposes 49 different Tariffs, which have been approved by the Copyright Board of Canada.

Re:Sound (Re:Sound Music Licensing Company, formerly known as the Neighbouring Rights Collective of Canada) is a Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. While SOCAN collects fees on behalf of composers, authors and music publishers, Re:Sound collects fees on behalf of the rights owners of the sound recordings.

Here are the examples of SOCAN and Re:Sound tariff.

SOCAN and Re:Sound post their tariff on the websites for the users. However, Entandem has not posted any tariff information on the Internet. Users must have Entandem account in order to get estimate price of their license. Please contact Entandem for the most current price. 

  • Gym (Recreational Facilities Operated by a Municipality, School, college, University, Agricultural Society, or Similar Community Organizations)
    • SOCAN (Tariff 21)
      • $185.07 Annual Flat fee + Taxes for each facility under condition. (The revenue cannot be higher than $15,422.88.)
    • Re:Sound (Tariff 3.A or 6.B)
      • 3.A - Minimum $25 (per day) + Taxes.
      • 6.B - No information
         
  • Sport Events
    • SOCAN (Tariff 9)
      • 0.1% of event gross receipt or $5 for events with no admission + Taxes. 
    • Re:Sound (Tariff 5.H) 
      • 0.048% (2015) of event gross receipt or $5 for events with no admission + Taxes. 
    • Entandem
      • 0.1% of the gross receipts from ticket sales (a complimentary ticket is valued at half the lowest price paid for sold ticket from the same category in the same event) net of sales and amusement taxes (minimum fee for admission to free events is $5) + Taxes. 
  • College Events (Receptions and other venues)
    • SOCAN (Tariff 8)
      • Fee Per Event + Taxes
Room Capacity
(Seating and Standing)
Without Dancing
With Dancing
1-100 $22.06 $44.13
101-300 $31.72 $63.49
301-500 $66.19 $132.39
>500 $93.78 $187.55
Room Capacity
(Seating and Standing)
Without Dancing
With Dancing
1-100 $9.25 $18.51
101-300 $13.30 $26.63
301-500 $27.76 $55.52
>500 $39.33 $78.66
  • Background Music (Festivals, Exhibitions or Fairs)
    • SOCAN (Tariff 5A)
      • Per Event (For attendances of 75,000 or less) + Taxes
Total Attendance for the year
Fee per day
Up to 25,000 $13.75
25,001 to 50,000 $27.66
50,001 to 75,000 $69.00
Average Daily Attendance
Fee payable per day
Up to 5,000 $8
5,001 to 10,000 $18
10,001 to 20,000 $36
20,001 to 30,000 $60
30,001 to 50,000 $96
50,001 to 75,000 $150
75,001 to 100,000 $210
100,001 to 150,000 $300
150,001 to 200,000 $420
>200,000 $600

Possible Exemptions 

Educational institutions are not generally exempt from the tariffs imposed by SOCAN or Re:Sound. There are some limited exceptions that may apply to educational institutions, as described below.

The following performances (provided that they are not based on, or use, an infringing copy of the work) are allowed by educational institutions and persons acting under the authority of an educational institution, if performed on Camosun College premises for educational or training purposes and not for profit, before an audience consisting primarily of students, faculty or any person who is directly responsible for setting a curriculum for Camosun College:

  • the live performance in public, primarily by Camosun students, of a work;
  • the performance in public of a sound recording of a work or performer’s performance that is embodied in a sound recording (e.g. playing music in a classroom setting);
  • the performance in public of a work at the time of its communication to the public by telecommunication and/or
  • the performance in public of a cinematographic work.

Also, pursuant to Section 69(2) of the current Copyright Act, if you have radio playing from a traditional radio receiving set, in any place other than a theatre for which admission is paid, you do not need to pay an additional tariff (as the radio station has paid SOCAN under SOCAN Tariff 1A or 1B and has paid Re:Sound under Re:Sound Tariff No. 1.A):

“Radio performances in places other than theatres

69(2) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.”

The exception under Section 69(2) is limited to traditional radio sets, and does not extend to internet radio. Therefore, if Camosun College hosts an event that is subject to a SOCAN and/or Re:Sound tariff(s) at which it plays internet radio, the SOCAN and/or Re:Sound fees would still apply.

There may also be exceptions for playing music at some types of charitable or religious events but specific conditions need to be met. These exemptions are set out in Section 32.2 and 32.3 of the current Copyright Act, which states:

32.2 …
(3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:

(a) the live performance in public of a musical work;
(b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or
(c) the performance in public of a communication signal carrying

(i) the live performance in public of a musical work, or
(ii) a sound recording embodying a musical work or a performer’s performance of a musical work.

INTERPRETATION
32.3 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.”

Specifically, Section 19 of the current Copyright Act discusses right to equitable remuneration for sound recording performed in or communicated to the public by way of royalties or license fees paid (e.g. those administered by SOCAN or Re:Sound).

Therefore, playing music at a charitable event can be exempt from SOCAN or Re:Sound tariffs if the organization performing the music is a charitable organization and the performance furthers a charitable object. However, the performance of a musical work at a benefit where all profits go to charity does not necessarily constitute a performance in furtherance of a charitable object. There must be a closer link between the performance and the charitable object of the organization – they must be directly connected, or the performance must be incidental to the object. Some examples are performing music as part of a church service, an educational meeting with musical interpolations, and accompanying music of an orchestra at a Christmas dinner given to the poor.

Some content in this guide has been copied and adapted from Information about SOCAN and Re:Sound Fees at UBC licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.


Further Helps

If you have further information or questions relating to Entandem, SOCAN and/or Re:Sound, please contact Copyright Advisor.

What are Alternatives to Copyright?

Not every materials are copyright protected. There are many alternative choices you can use which give you more flexibility and less restrictions than copyrighted materials. Most popular alternatives are:

  • Public Domain
  • Creative Commons
  • Open Access
  • Linking

Public Domain

Refers to works in which copyright has either expired or where the copyright owner has clearly specified that the work may be used without their explicit permission. Copyright protection may still apply to more recent editions, arrangements or adaptations of works in the public domain since copyright on public domain material is created when new content (footnotes, critiques, etc.) is added to the original material.

Further Detail: Copyright Term and Canada's Public Domain Chart, prepared by the Copyright Office at the University of Alberta / CC BY 2.0 CA

Where to find public domain works:


Creative Commons

Creative Commons (CC) is a nonprofit organization that helps overcome legal obstacles to the sharing of knowledge and creativity to address the world’s pressing challenges.

CC provides Creative Commons licenses and public domain tools that give every person and organization in the world a free, simple, and standardized way to grant copyright permissions for creative and academic works; ensure proper attribution; and allow others to copy, distribute, and make use of those works. 


License Elements
Image Condition Description

BY

(Attribution)

Credit must be given to the creator

SA

(Share Alike)

Adaptations must be shared under the same terms

NC

(Non Commercial)

Only noncommercial uses of the work are permitted

ND

(No Derivatives)

No derivatives or adaptations of the work are permitted

Some content in this guide has been copied and adapted from Creativecommons.org licensed under Creative Commons Attribution 4.0 International (CC-BY 4.0)


Types of Creative Commons Licenses

From: How To Attribute Creative Commons Photos by Foter, licensed under CC BY SA 3.0


How to attribute?

For example:

                How To Attribute Creative Commons Photos by Foter, licensed under CC BY SA 3.0

                Table by Foter / CC BY-SA

  • Title (or keyword for hyperlink)
  • Author
  • Source
  • License

About Open Access

Open Access (OA) refers to scholarly literature that is freely available on the Internet.

These resources are sustained by the academic and scientific communities that produce them. They are typically found in peer-reviewed Open Access Journals and Institutional Repositories, which act as archives of institutions' scholarly output.

 

The library maintains a guide that outlines sources for open education resources, open access journals and books, and sources of open culture (images, video etc.). Open Resources Guide


Who benefits from Open Access

Researchers

  • Increases the visibility, readership and impact of author’s works
  • Creates new avenues for discovery in a digital environment
  • Enhances interdisciplinary research

Educational Institutions

  • Contributes to the core mission of advancing knowledge
  • Ensures all students have access to research, rather what they (or their school) can afford
  • Contributes to a better-educated workforce

Businesses

  • Access to cutting-edge research encourages innovation
  • Stimulates new ideas, new services, new products

Public

  • Provides access to previously unavailable materials relating to health, energy, environment, and other areas of broad interest
  • Creates better educated populace

* Content on this page has been copied and adapted from Why Open Access? (SPARC)


Linking

One of the most recommended way to use copyrighted materials in your Class is Linking. Instead of copy and paste copyrighted materials without permission, you may put a hyperlink of the material on D2L. This won't be considered as copyright infringement in Canada.