Copyright

Definition:

Copyright is the sole and exclusive right of a copyright owner to produce, reproduce, perform, publish, adapt, translate, and telecommunicate a work, and to control the circumstances in which others may do any of these things. 

Applies to: 

• Any literary, artistic, dramatic, or musical work
• A computer program, 
• A translation of a work, 
• A compilation of others' work
• A recording 
• A performance

Protection:

Is automatic. Generally, it lasts for the life of the author plus 70 years following their death. 

Exceptions:

Allow others to make use of copyright protected works without obtaining permission from the copyright owner. 

Generally, you can assume that a work is protected by Copyright. The (c) symbol is not necessary, but acts as a good reminder that Copyright does apply. Copyright protection is automatic and lasts for the life of the author plus 70 years, it then enters the Public Domain . 

Works not protected by Copyright: 

• Are old (look up the date the author died, it must be at least 70 years ago) and in the Public Domain
• Clearly state that the author wants to share their work (look for a Creative Commons symbol)
• Are ideas or facts, it is only the expression of these things that's protected by copyright.

Almost all of the third-party works you will encounter throughout the day are protected by copyright. Insubstantial copying of a work is always allowed. This is the type of copying you might see throughout a reference paper. It is acceptable to copy small portions of other people's work as long as the original is cited. Substantial copying must qualify under an exception in the Copyright Act or you must receive permission from the copyright owner for the copying to be considered legal.

You can find a list of the most common exceptions here. Context plays a significant role in determining whether or not a copy is infringing, reach out to the Copyright Specialist if you need assistance interpreting an exception in the Act.  

Copyright infringement occurs when a person uses content protected by copyright in a way that violates the rights of the copyright owner and is not exempted in the Copyright Act. 

It is the responsibility of copyright owners to enforce their rights. If you are found to be infringing copyright the copyright owner may seek the following remedies: 

• statutory damages
• actual damages
• an injunction