Copyright and Intellectual Property Policy

POLICY PURPOSE

To outline the Hamilton Public Library’s role and position related to applicable Copyright and Intellectual Property legislation.To outline the Hamilton Public Library’s role and position related to applicable Copyright and Intellectual Property legislation. 

KEY POINTS SUMMARY

• The Hamilton Public Library (HPL) is not responsible for infringing copies made by users of the Hamilton Public Library’s copying equipment and Makerspaces. It’s the user’s obligation and responsibility to determine and satisfy copyright or other use restrictions.
• HPL respects the copyright and moral rights of authors and copyright holders and seeks to educate users about these rights with regard to the Library’s physical and digital collections.
• HPL staff and users may make copies for specific purposes under the fair dealing provision of the Copyright Act.

DEFINITIONS

• Copyright is a legal means of protecting an author/creator’s work.
• Intellectual Property refers to the ownership of intangible and non-physical goods.
• Fair Dealing is a user’s right in copyright law permitting use of a copyright protected work without permission or payment of copyright royalties for the purpose of research, private study, education, satire, parody, criticism, review or news reporting, provided that what you do with the work is ‘fair’.
• Access Copyright is a Canadian non-profit organization that represents writers, visual artists, and publishers. It licenses the copying of creative works to educational institutions and businesses, redistributing proceeds to copyright holders to support the ongoing creation of new content
• Creative Commons is a licensing framework that allows creators to share their works freely while retaining certain rights. It offers a variety of licenses that enable others to use, remix, and distribute the works under specified conditions, such as attribution, non-commercial use, or share-alike requirements.

POLICY DETAILS

HPL seeks to advocate for, inform and support the intellectual property rights of the creator as outlined within Canadian legislation while balancing the social benefit and educational value of exceptions to legislation as outlined in section 29 of the Copyright Act outlining “fair dealing.”  

The majority of the material in the Library’s collections is subject to copyright. It is not the role of Library staff to interpret the Copyright Act for users. Responsibility regarding copyright arising from the use and/or copying is the responsibility of the user making the copy, whether they use their own or Library equipment. 

The intellectual property laws of Canada govern the making of reproductions and/or use of some materials. Certain copying may be an infringement of copyright law. The Hamilton Public Library is not responsible for infringing copies made by users of the Hamilton Public Library’s copying equipment and Makerspaces. It’s the user’s obligation and responsibility to determine and satisfy copyright or other use restrictions (such as privacy rights, CSA standards, technical protection measures, licensing and trademark, etc.) when using HPL’s collections, equipment and software. 

Fair dealing is a long-standing feature of Canadian copyright law that permits certain uses of copyright material in ways that do not unduly harm the interests of copyright owners, but which could have significant social benefits. In Canada, fair dealing does not infringe copyright and is limited to the purpose of research, private study, education, satire, parody, criticism, review or news reporting: 

• HPL staff and users may make copies for specific purposes under the fair dealing provision of the Copyright Act including Controlled Digital Lending. Any concerns of the legitimacy of staff copying for these purposes will be referred to the Library’s Chief Librarian or delegate.
• HPL’s copying services, whether the copy is made by Library staff or user, are provided without a motive of financial gain. The fee charged is intended to cover a portion of the Library’s costs accumulated while providing this service.

HPL will make copies of the Copyright Act and Access Copyright available and post signage to make users aware of the Copyright Act. 

Hamilton Public Library retains copyright for content created by the Hamilton Public Library including the digitization of Local History and Archives collections. When content is created by the Hamilton Public Library (and HPL is the copyright holder), it is covered under a Creative Commons Attribution-Non-commercial 4.0 International licence.  

A credit line, “Courtesy of Local History and Archives, Hamilton Public Library” should be provided in all cases. Commercial use is prohibited without prior written permission from the Hamilton Public Library. Commercial use includes but is not limited to reproductions, redistribution, publication, or transmission, whether by electronic means or otherwise. 

Local History and Archives contributes to online platforms which aggregate material held in cultural heritage institutions. All images from Local History and Archives featured on such platforms are in the public domain or the copyright is owned by the Hamilton Public Library.  

For more information, please visit the Canadian Intellectual Property Office’s website: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home

Publish Date

December 2024