Licence primaire

Preschool, primary, secondary, centers-FAQ

Why get a copying licence from Copibec?

With a copying licence issued by Copibec, you benefit from a simple, legal framework for making copies of excerpts from copyright protected material. The licence ensures that authors and publishers receive fair compensation for the use of their works so they can continue to create quality content.

What is SAMUEL?

SAMUEL (Simplified Access for MUltidisciplinary Education and Learning) is an online platform that enables you to use published works or excerpts from works within the limits of your Copibec copying licence. It consists of a catalogue containing hundreds of works: magazine articles, books, exercise books, magazines, song lyrics as well as an image bank of artistic works and press photos. You can browse through each book, exercise book or magazine before choosing the excerpt you want to use (within your licence limits). Magazine articles, images and song lyrics can be copied in their entirety. New works are being added to the catalogue every week!

To access SAMUEL, your institution must have a Copibec licence and a Savia account. Your Savia code gives you access to SAMUEL. Contact us to find out more! SAMUEL: www.copibecdigital.ca (English version coming soon).

What is the “public domain”?

In Canada, at the end of the 50th year following the death of the author (or the last remaining contributor for a collaborative work), the copyright for that work usually expires. The work is then said to be in the public domain and may be copied without permission. Copyright protection applies to works published in Canada or elsewhere.

For a translated work, the copyright does not expire until the translator has also been deceased for more than 50 years. For example, a recent translation into French of a work by Shakespeare will be protected by copyright and may require permission in order for copies to be made. The same principle would apply to an adapted work.

The publication date is not taken into consideration. For instance, even if a work was published 60 years ago, it will still be protected by copyright as long as its author has not been deceased for at least 50 years. Permission may therefore be needed to copy excerpts from that work.

Can an entire book be copied if it’s now out of print?

No. Permission must be obtained before copying an entire book even if it is no longer commercially available for purchase. Please contact us for details.

However, you are allowed to copy an entire book if it is in the public domain.

Can an entire play be copied?

No. Permission must be obtained before copying an entire dramatic work (play). Please contact us for details.

However, the copying licence from Copibec authorizes you to copy a play as long as it is part of another work (e.g. an anthology of plays), its length does not exceed the licence’s limits and it is not on the Exclusions List.

The Adel inc. virtual bookstore of the Association québécoise des auteurs dramatiques (AQAD) also offers plays that can be purchased. Those plays can be copied in their entirety if the applicable royalties (licence fees) are paid.

In addition, an entire play can be copied if it is in the public domain.

Can government publications be copied?

The legislation, regulations and court rulings of the federal government and any province or territory except Quebec, Manitoba and Nunavut can be copied for educational purposes.

The federal government and the provinces and territories other than Quebec, Manitoba and Nunavut frequently authorize the copying of other types of government publications as well. To determine whether copying is allowed, refer to the conditions of use for each work or contact the relevant government’s publications department.

The copying licence from Copibec gives you permission to copy publications from Quebec government ministries or Publications du Québec unless a notice on the work already authorizes copying for educational purposes.

What is “reproducible material”?

Reproducible material refers to documents that are sold with a licence from the publisher allowing copies to be made for educational purposes. You have to comply with the publisher’s licence, which usually allows photocopies to be made for students in the class of the instructor for whom the material was purchased. It is not necessary to report the copies of reproducible material to Copibec.

Do we always have to indicate the document source or bibliographic references?

Yes. Bibliographic references must always appear on the paper or digital copies distributed to students and on the copies retained by teaching personnel.

Which information has to be included in a bibliographic reference?

A complete bibliographic reference consists of the following:

  • Author’s name
  • Title of the work
  • Publisher
  • Publication place and year
  • Page numbers copied

Does the Copibec licence allow us to produce coursepacks or other in-house compilations?

No. The Copibec licence does not allow excerpts to be copied from multiple textbooks, manuals, exercise books, books, etc. and bound together in a paper or electronic coursepack or other in-house compilation in an assembled form unless it is for the purpose of an exam or a PowerPoint-type presentation.

Can song lyrics be copied without permission?

No. Song lyrics are protected under the Copyright Act. However, the Copibec licence allows you to copy song lyrics from a print format source (liner notes accompanying a sound recording) or a legal digital source (author’s website or a website authorized by the author).

Is it legal to copy or display a document from a website if it will be used by our students?

Authors’ works in digital format (including Web content) benefit from the same rights and protections as they do in print format. Educators must therefore carefully examine the terms of use for the website and the work before making copies for educational purposes and must make sure that:

  • the work has been made available with the copyright owner’s consent (it is preferable to consult the websites of authors and publishers or official sites and avoid file sharing sites)
  • there is no clearly visible notice prohibiting the use of the work or a technological measure that limits access to the work.

The document source and bibliographic references must be indicated.

If you are not sure whether copying is allowed, please contact Copibec or the copyright owner to request permission.

However, the Copibec licence authorizes works to be copied as long as they have been made available to the public with the copyright owner’s consent, they were published in the print or digital version of a book, newspaper, magazine or periodical and they do not appear on the Exclusions List.

What is “digitization”?

Digitizing means scanning a work so that it can be used, for example, in a PowerPoint presentation or PDF file, on a smartboard or intranet page or sent by email.

Can we give our students access to digital format copies?

Yes, the agreement allows you to make digital format copies of excerpts from works.

The copies must comply with the terms and conditions of the print format licence. In particular, the copying limits must be respected, coursepacks must not be produced, and works that can be purchased must not be replaced by a copy.

For example, you can digitize or rekey (retype) an excerpt from a work, make a digital format copy of an excerpt from a digital work and print out a digital format copy.

Those copies may then be used on a tablet or computer, downloaded onto a USB flash drive, uploaded to your school’s secure intranet to make them available to students or sent to students via email (from a school or school board email address).

When digital format copies are communicated or transmitted, they must be accompanied by a clearly visible notice that prohibits the following:

  • Printing out more than one copy
  • Making any other copies or transmitting the excerpts except in the context of communications with the teacher or other students for team projects or participatory work

Each copy must accurately represent the original. Works made available without the copyright owner’s permission cannot be copied. Combining excerpts from works originating from multiple sources is not allowed but combining excerpts as part of a digital presentation or slideshow is allowed.

It should be noted that you have to report digital format copies to Copibec in the same way as print format copies (data collection process) so that royalties (licence fees) can be paid to the copyright owners.

If you have any questions, please do not hesitate to contact us or request an information session.

Can I display a whole work in front of my class?

Under certain conditions, the agreement allows you to display an entire work in front of your class.

Works not available in digital format
Under the agreement, you can make one copy of an entire work that is not commercially available in digital format in order to display it (on a smartboard, for example) or use a document camera to project an entire work as long as a few original versions of the work are available to students at the time the work is being displayed.

Works available in digital format
An entire work that was legitimately acquired in digital format can be displayed using a smartboard. However, in the case of legitimately acquired digital format works specifically designed for preschool, elementary or high school education purposes, you are only allowed to project them on a smartboard if all the students have original versions of the work or if the work comes with a publisher’s licence that allows such use.

Is the Exclusions List the same for print and digital format copying?

No. Certain publishers’ titles and certain works can be photocopied but cannot be digitized. If a publisher or title appears on the Exclusions List for digital format copying, you have to submit a request to Copibec before making a digital format copy. Copibec will forward the request to the copyright owner and, if permission is granted, a fee will be set for the pages that you want to copy.

Can book covers be digitized for use in the library’s database?

No. The Copibec licence applies to copies used in the classroom for a given period (school year, semester). It does not allow copying in order to compile databases.

Can a work in the public domain be digitized?

Yes. If the work is in the public domain, permission is not needed to copy it. For more information, refer to the answer to What is the “public domain”?

Why do our copies have to be reported to Copibec?

Royalties (licence fees) are paid to Copibec as compensation for allowing you to use excerpts from works. In order for the royalties to be subsequently redistributed to the authors and publishers of the works used, Copibec needs to know which works were copied.

You therefore have an essential role to play so the royalties can be paid to the people whose works were actually used. Copies (paper and digital) can be reported to Copibec by using Savia, our online copyright licensing and rights management system.

How many copies of the same excerpt can be made?

The Copibec licence allows a sufficient number of copies to be made so that the instructor and every student in the same group can have a copy or access it on a secure network.

How many different books can be copied?

You have to respect the limits in the Copibec licence for every book excerpt copied but there is no maximum number of books that can be copied. However, the licence does not allow the copied excerpts to be bound or assembled.

What is a “perceptual disability”?

The definition of a perceptual disability in the Copyright Act encompasses various physical and learning disabilities. In particular, the Act refers to severe or total impairment of sight or hearing, the inability to hold or manipulate a book, and an impairment relating to comprehension.

For example, dysphasia, dyslexia and pervasive development disorders are considered perceptual disabilities.

Is it possible to adapt material for students with perceptual disabilities?

The Copyright Act requires material to be purchased if it is commercially available in an appropriate format. To obtain a digital copy compatible with assistive software, you can submit a request to Copibec. We have agreements with certain publishers so your request can be processed quickly. Please contact us.

What is an “alternative format”?

Under the Copibec licence, an alternative format is a large-print copy of a work.

What is “fair dealing”?

The Copyright Act contains an exception that allows fair dealing for the purpose of research, private study, education, parody or satire. This means that a work can be copied for educational purposes without permission from or compensation for the copyright owner but only if the fair dealing exception applies.

Determining what is fair dealing requires a case-by-case analysis. In general, it refers to a short excerpt from a work used for one of the purposes designated in the Act. However, neither the Copyright Act nor the courts have specified a percentage or number of pages that can be copied under the fair dealing exception.

As a result, even though fair dealing for educational purposes is sometimes interpreted as meaning up to 10% of a work or an entire chapter, that interpretation is not founded on the wording of the Act or any ruling by Canadian courts.

Thanks to the Copibec licence, educational institutions and teaching personnel can make copies without having to do a case-by-case analysis. The licence therefore simplifies copyright management when copyright protected material is used, reduces the related costs and helps ensure that the institutions can operate smoothly while providing fair compensation to copyright owners.

Can I make copies for students taking the course from a remote location (distance learning)?

The Copibec licence allows excerpts to be copied from works for distance learning purposes, including digital format copies made available on the educational institution’s intranet for students participating from a remote location.

Educational institutions are also allowed to film a lesson (as defined in the Copyright Act) during which a copyright protected work is used and then make that film available for distance learning purposes by students enrolled in the course. The excerpt from the work must be included in the filmed lesson and not attached as a separate file.

You are required to comply with all the terms and conditions of the Copibec copying licence. The lesson may be retained until the licence expires.

For more information, please do not hesitate to contact us.