As part of their public mandate to support an environment of learning and research, post-secondary institutions and their libraries connect students and faculty with educational materials. Every year, libraries spend hundreds of millions of dollars purchasing this access directly from publishers and vendors. On top of that, students purchase textbooks directly from publishers and other online retailers.
The delivery and consumption of course materials in Canadian post-secondary institutions have changed significantly over the past twenty years. There has been a dramatic shift to using and relying on electronic resources, particularly library-licenced databases that contain eBooks, journal articles, newspaper articles, audio-video collections, and other materials.
The result is a competitive environment of licensing options, which institutions navigate working with expert librarians, copyright staff and legal counsel. Publicly funded post-secondary institutions have a responsibility to canvass all available licensing options and select the licences and resources that provide the best value for students, at an affordable cost.
Libraries generally seek unlimited concurrent user licences for electronic materials, whether they are eBooks, articles or films. These agreements, typically made with vendors who represent a variety of publishers, permit students, faculty and staff to share the content with each other and download a copy for their own use. Only in rare cases do post-secondary institutions use copyright protected materials under the fair dealing exception in Canadian copyright law, which allows for limited copying for education, research, private study, criticism, review, news reporting, parody or satire.
Libraries spend millions of dollars (367 million dollars at university research libraries alone in 2021) licensing access to the works needed for instruction on their campuses. These professionals and their staff also offer a range of support to instructors as they select and provide students with access to course materials, including copyright clearance services. To see the typical process for accessing course materials on campus, use the interactive tool below.
Copyright Compliance: Accessing Course Material
Students generally purchase course material through on-campus or online bookstores and/or rental services. Academic libraries also provide access to print and licensed digital course material, when available
For more information about copyright protection, see the Canadian Association of Research Libraries' Introduction to Copyright.
If the library does not have an existing digital copy of a work needed for instruction, or if the material is
only available in print in the institution’s library collection, the library will typically attempt to purchase an
electronic copy. If the publisher does not provide libraries with access to the electronic content then the institution’s fair dealing guidelines will be consulted to assess whether classroom use is appropriate without seeking further permissions.
If the amount needed for the course exceeds the amount stated in the fair dealing guidelines, then a
transactional licence is acquired to use the content in a specific course. If the resulting fee is too high or a
licence is unavailable, then it is common for the instructor not to use the material in their course. They then
must find an alternative, often with the assistance of library staff.
This category represents an increasingly small percentage of course materials, as the availability of digital licences expands.
There are no copyright restrictions on the use of content that is in the public domain (e.g., content that is not subject to copyright protection, where the term of copyright has expired, etc.).
In this context, an insubstantial amount would be very short. For example, a few sentences from a book or journal article, or a few seconds from a song. Note: this is an extremely simple definition and while likely sufficient for the flowchart, it’s not entirely consistent with its legal use.
Are students purchasing all required course materials directly from
a bookstore, online service, or other provider?
Is the assigned course material protected by copyright?
This flowchart is not required.
Does appropriate access and permission already exist with open licensing or a library licence?
No permissions are required.
Is the proposed use “substantial?"
If needed, consult an insitutional copyright specialist
Use according to terms of licence.
Is an electronic version of the course material commercially available for acquisition by the library?
(Must be available for reasonable terms; e.g., unlimited
concurrent users.)
There are no copyright restrictions on the use of an insubstantial amount of a copyright-protected work.
Does the amount of the course material being considered exceed a “short excerpt” as defined in institutional guidelines?
A short excerpt may include the following:
One chapter of a book
An entire musical score, short story, or play, etc. that is part of a collection of similar works.
Library will acquire licence from the publisher or a vendor if possible.
Attempt to seek permission via a transactional licence. Is this
possible?
Is the copying permitted using an exception to copyright
infringement?
If needed, consult with an institutional copyright expert.
Use according to terms of licence.
Pursue other copyright-compliant options including selecting a different work or placing the physical item on short-term loan in the library.
Use according to institutional guidelines.
Pursue other copyright-compliant options including selecting a different work or placing the physical item on short-term loan in the library.
