Use of Copyrighted Materials

Category: Governance
Number: GOV-050-010
Audience: All University employees
Revised: March 11, 2014
Owner(s): University Librarian
Approved by: Board of Governors
Contact: Copyright Officer 306-585-4642

Introduction

This policy outlines the position of the University on the use of Copyrighted Materials and the responsibilities of Employees that make use of Copyrighted Materials in all forms.

All Copyrighted Materials must be used in compliance with Copyright Laws.  Employees are responsible to ensure that the use of Copyrighted Materials is in compliance with Copyright Law.

Copyright Infringement is a serious offence that may result in significant legal and financial ramifications for the University.  This policy is intended to limit the potential liability of the University and its Employees for Copyright Infringement through the exercise of due diligence in the use of Copyrighted Materials.

Definitions

Policy

The University is committed to complying with Copyright Laws and respects intellectual property rights.  The Copyright Act and related laws, as well as related University policy and procedure govern the utilization of all Copyrighted Materials by members of the University. The expectation is that Employees inform themselves of their legal duty under this policy, any other University copyright-related policies, and Copyright Laws and conduct their actions accordingly.

To use Copyrighted Materials, members of the University will have a number of options, depending on the Copyrighted Materials to be used. In some cases, the University has acquired licenses allowing users access to specific works for limited uses pursuant to negotiated contract terms. Some uses of Copyrighted Materials may fall within the user rights provided under the Copyright Act and related laws for which no permission is required. Some further uses may require a process of seeking an express permission from the author or Copyright Owner prior to use. Where information and/or clarification are required to facilitate compliance, users may consult with the University Copyright Officer.

The University does not permit the use of illegal software copies, or the illegal copying of computer software on University facilities and/or equipment. Unauthorized copying of computer software exposes the individual and the institution to legal action for Copyright Infringement or for breach of the applicable License Agreement.

Roles and Responsibilities

In order to avoid Copyright Infringement, it is the responsibility of Employees to ensure that Copyrighted Materials are used in accordance with this policy and Copyright Laws.  As unauthorized use of Copyrighted Materials is contrary to Copyright Laws and subject to legal recourse, it is the responsibility of all Employees at the University to exercise care in ensuring proper authorization has been obtained for use of Copyrighted Materials (including the particular use in question).

Unless permitted by a specific License Agreement or other contract, or an exception under the Copyright Act, use or reproduction of Copyrighted Materials, in whole or in part, by any means, is not allowed without the permission of the Copyright Owner.

Deans, heads, directors and managers are responsible for taking reasonable steps to implement this policy and to facilitate ongoing compliance. 

Consequences for Noncompliance

The University expects that its Employees will comply fully with this policy.  Failure to do so may constitute misconduct and may be pursued through disciplinary action under the applicable collective agreement, employment contract, University policy or law.

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