Skip to main content

Copyright

A guide to copyright for Royal Roads University faculty, students, and staff.

Other Educational Exceptions to Copyright

Educational institutions and persons acting under the authority of an educational institution are allowed to

  • Reproduce, communicate by telecommunication and perform for an audience consisting primarily of RRU students or other persons acting under RRU’s authority, for educational or training purposes, works or other subject matter that is available through the Internet, unless:
    • the works are protected by a Digital Lock that restricts access to the work or other subject-matter or to the website;
    • a clearly visible notice (and not merely the copyright symbol alone) prohibiting such act is posted on the website or on the work or other subject matter itself; or
    • the educational institution or person acting under its authority knows or should have known that the works were made available on the Internet without consent of the copyright owner;

and the following must be mentioned in respect of the work:

  • the source; and
  • name of author, performer, maker or broadcaster (if provided in the source).

Educational institutions and persons acting under the authority of an educational institution are allowed to reproduce enactments (acts) and consolidations of enactments of the Government of Canada, and decisions and reasons for decisions of federally-constituted courts and administrative tribunals, provided due diligence is exercised in ensuring the accuracy of the reproduced materials and the reproduction is not represented as an official version.

Educational institutions and persons acting under the authority of an educational institution are allowed to reproduce a work, or do any other necessary act, in order to display the work for education or training purposes. However, this exception is not available, except in the case of manual reproduction (e.g. onto a dry-erase board, flip chart or other surface intended for displaying handwritten material) for works that may be located with reasonable effort, are commercially available on the Canadian market within a reasonable time and for a reasonable price, in a medium appropriate for education or training purposes.

Educational institutions and persons acting under the authority of an educational institution are allowed to 

  • Reproduce, translate or perform a work in public on the premises of Royal Roads University, as required for a test or examination, provided the work is not already available in a commercial format;
  • Communicate a work by telecommunication to the public situated on the premises of Royal Roads University, as required for a test or examination, provided the work is not already available in a commercial format.

Educational institutions and persons acting under the authority of an educational institution are allowed to 

  • Carry out the following performances, if performed on Royal Roads University 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 RRU:
    • the live performance in public, primarily by RRU students, of a work;
    • the performance in public of a sound recording or of a work or performer’s performance that is embodied in a sound recording;
    • 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,

Each of the above performances are only allowed if it is not based on an infringing copy of the work.

Educational institutions and persons acting under the authority of an educational institution are allowed to make a single copy of a work at the time that it is communicated to the public by telecommunication; and keep the copy for up to thirty (30) days to decide whether to perform the copy for educational or training purposes.

Educational institutions and persons acting under the authority of an educational institution are allowed to

  • Communicate a lesson (including tests or exams), to the students enrolled in that specific course, by telecommunication for education or training purposes, and record such lessons. The student can also make a copy of such telecommunicated lesson to be viewed or listened to at a later time, provided that:
  • the student and the institution must destroy the recording or copy within 30 days after receipt by students of their final course evaluations;
  • the institution must take reasonable measures to limit the audience to students only, and to prevent the students from fixing, reproducing or communicating such lessons except as permitted under this exception.

The recordings cannot be sold or distributed widely (beyond the audience of students enrolled in the class).

Educational institutions and persons acting under the authority of an educational institution are allowed to

  • Make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of RRU for educational or training purposes; and
  • Perform the copy in public before an audience consisting primarily of students of RRU on its premises for educational or training purposes.

Educational institutions relying on this exception no longer have to pay royalties, destroy copies of news or commentary programs after one year, or keep records of the copies made of news or commentary programs.

Educational institutions and persons acting under the authority of an educational institution are allowed to copy an entire work (other than a cinematographic work) into an alternative format including translation, adaptation and performance in public (except the making of a large-print book) for the purpose of serving students with perceptual disabilities as long as such an adaptation is not already commercially available in that format.

Loading

Other Relevant Exceptions under the Copyright Act

Computer Programs

If you own a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, you may:

  • Reproduce the copy by adapting, modifying or converting it, or translating it into another computer language, if you prove that the reproduced copy:
    • is essential for the compatibility of the computer program with a particular computer;
    • is solely for your own use; and
    • was destroyed immediately after you ceased to be the owner of the copy of the computer program or to have a licence to use it;
  • Reproduce for backup purposes the copy or a reproduced copy referred to above if you prove that the reproduction for backup purposes was destroyed immediately after you ceased to be the owner of the copy of the computer program or to have a licence to use it; and/or
  • Reproduce the copy for the sole purpose of obtaining information so you can make the program and any other computer program interoperable.

Encryption Research, Security and Temporary Reproductions for Technological Processes

  • Reproduce a work or other subject-matter for the purposes of encryption research if:
    • it would not be practical to carry out the research without making the copy;
    • you have lawfully obtained the work or other subject-matter; and
    • you have informed the owner of the copyright in the work or other subject-matter;
  • Reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or administrator of a computer, computer system or computer network, of assessing the vulnerability of the computer, system or network or of correcting any security flaws; and/or
  • Make a reproduction of a work or other subject-matter if such reproduction:
    • forms an essential part of a technological process;
    • has the sole purpose of facilitating a use that is not an infringement of copyright; and
    • exists only for the duration of the technological process.

Contact Us

Copyright Office:  
copyrightofficer@royalroads.ca

Copyright Manager:
Melanie Wrobel (ph. 250-391-2652) - Away on leave.

Please contact Rosie Croft, University Librarian, in her absence (ph. 250-391-2699)

Library Assistant, Copyright:  
Natalia Morrison (ph. 250-391-2668)

Library Assistant:
Selina Tang (ph. 250-391-2600, ext.4349)