Library Services

Photocopies and Copyright in the Library

Copyright in the Library

Canadian copyright laws are effective in Canada only, just as U.S. copyright laws are effective in the U.S. only.  “The law that governs copyright activities is the law of the country in which the copyright activity takes place.”[1]  There are international treaties that link countries’ copyright laws together so that our national laws do not conflict with any foreign producers and owners.

Who owns the Copyright?

Copyright subsists automatically once the work is created.  Copyright lasts for 50 years after the author’s death.  “As a general rule, the author is the first owner of copyright.”[2]  An author can give away for free or sell all or part of his/her copyright.  It means that the publisher may in fact hold the copyright and not the author who is listed on the title page.  You will need to look closely at journal articles, as the author may have insisted that people can freely copy, and there may be something to state that on the first page of the article.[3]  Just to clarify, owning a copy of a work is not the same as owning the copyright.

Public Domain

Some works are in the “public domain” either because the copyright has expired or the author has given permission to copy without permission or payment.  An example includes plays by Shakespeare (he has been dead for more than 50 years).  The federal government has given permission to copy the statutes without getting written permission from them.  Those laws are considered to be in the public domain.  Not every jurisdiction is the same.  The Saskatchewan Queen’s Printer maintains copyright in the statutes and regulations.  We are not allowed to reproduce a statute in the Queen’s Bench Rules Annotated for example without permission and without paying a fee.  The Queen’s Printer website is silent regarding use of the materials on the site for research or private study.

Library Exemptions from Infringement

Libraries can be exempt from copyright infringement if certain conditions are met.  These are summarized only and do not form a legal opinion.  The following requirements to comply with copyright laws existed before the Federal Court of Appeal ruling.

1. Exemptions apply to non-profit institutions with a collection open to the public or to researchers.
2. Exemptions allow a patron or the library staff to make a single copy only on behalf of another under fair dealing provisions permitting research or private study.  The interpretation of “research” can include arguing cases in court as well as preparing opinions, briefs and factums.  Private study is strictly for the person undertaking the study.  Therefore, making multiple copies for a study group is not considered as private study.  However, an articling student requesting a copy for his or her own learning is considered private study and therefore fair dealing.
3. Exemptions permit a patron or library staff to make a photocopy or fax copy of an article under fair dealing provisions  (exception:  does not apply to works of fiction, poetry or dramatic or musical work).
4. The person requesting the copy must satisfy the library that the copy will not be used for purposes other than those under fair dealing and the library provides a single copy only.  The copy must be stamped stating the copyright provisions.
5. Copies made under fair dealing must not be in digital form and intermediate copies must be destroyed once given to the patron.
6. The library must keep detailed records on copies made by the library.  The information includes the name of the library making the copy, the date of the request, and sufficient information to identify the item being copied.  These records are subject to inspection by owners of copyrighted works and copyright collectives.
7. A warning sign must be posted by the photocopy machine.  This exemption applies only where the library has an agreement with a copyright collective.  It may apply if negotiations with a collective have begun.

Permitted copying

Patrons may use the Law Society of Saskatchewan Library’s photocopiers to make reproductions pursuant to the fair dealing provisions of the Copyright Act  if all of the above conditions are met.

1. A single copy only of any work is to be reproduced for the purpose of “research” or “private study.”  
2. The portion of each work to be reproduced must be reasonably necessary in order to accomplish the fair dealing purpose for which the single copy is to be made.   Guide:  An entire reported judicial decision, journal article or statutory reference may be reasonably necessary to accomplish fair legal research or private study. Care must be taken when reproducing from secondary resources, such as texts, and only the minimum number of pages necessary to accomplish the fair dealing purpose may be reproduced.
3. The person who creates the reproduction must either:
   (a) be the person who is to engage in the ultimate research or private study for which the single copy is to be made; or
   (b) be acting pursuant to a request from another person to reproduce the work, and that other person must be the person who is to engage in the ultimate research or private study for which the single copy is to be made.
4. Any copy that is generated must not be incorporated into another book, article or other work to be sold in competition with the original works that are copied.
5. Further copies of any reproduction must not be made and distributed to others, save for additional copies which may be required for submission to a Court or tribunal.

The Court was not convinced that the library could comply with exemptions 2, 3, and 4 when a stand-alone copier was available on the premises.  Therefore additional forms and record keeping are required.  These include:

1. The Notice
   A notice must be given to patrons attempting to make copies.  The content of the notice is to inform patrons about improper copying and fair dealing.  It states that the library staff may deny copying if copyright laws will be violated.  The notices have been sent to every member of the Law Society of Saskatchewan.  They will also be made available at the photocopiers and an additional sign is posted containing the notice.
2. Confirm the purpose of the copies being requested
   When you call the library to ask for copies or if you call for help with your legal research, library staff will ask you for what purpose you will be using the copies requested.  Permitted are copies for 1) research, review, criticism, private study, and 2) court, tribunal or government proceedings.  A response that is not prompted is more acceptable than a prompted response.
3. The Declaration
   Each patron must sign a declaration before any copying can be performed.   The declaration states that the patron has read the notice and agrees to comply with copyright laws.   The library will keep your signed declarations on file.  Every year, it will renew with your membership to the Law Society of Saskatchewan.  We will not ask for a signed declaration for every request for information or copies, if you have a signed declaration on file with us.

Improper copying of legal materials infringes copyright.  The Law Society of Saskatchewan library staff may refuse photocopy requests or deny patrons access to photocopiers for reproduction purposes that are inconsistent with the terms of the Notice.

[1] Wanda Noel, Copyright guide for Canadian libraries.  (Ottawa : Canadian Library Association, 1999), p. 3.

[2] Wanda Noel, p. 11.

[3] Professor Vaver in his article entitled “Copyright inside the law library” located at (1995) 53 Advocate 355, did not claim copyright in his article.  If you look at the preliminary pages of the Advocate, there are no copyright statements that attribute copyright to the journal itself.  Compare that to the Saskatchewan Law Review.  There is a copyright statement at the beginning of each issue that states the Review holds the copyright, unless expressly indicated otherwise.  Permission to reprint an article or portion thereof must be addressed to the Faculty Editor.

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