Catherine Gracey
Open Scholarship and Applied Sciences Librarian at the University of New Brunswick
Copyright Basics
Catherine Gracey, Open Scholarship & Applied Sciences Librarian, UNB Libraries
Copyright Basics © 2025 by Catherine Gracey is licensed under Creative Commons Attribution-ShareAlike 4.0 International
Agenda
Hello library staff! Today we're covering the basic elements of copyright, focusing on how it pertains to academic libraries. Today we'll be covering:
- Why does copyright exist?
- What kinds of work can be copyrighted? Which cannot?
- How does copyright relate to trademarks, patents, and intellectual property broadly?
- How can you get copyright of your work?
- What is the public domain?
- Exceptions and limitations to copyright, focusing on libraries, and other GLAM institutions
"Copyright is the area of law that determines how others may access and use the original works of authors"
– Creative Commons [1]
Why do we need copyright laws?
- Grants authors exclusive rights to their creative work
- Allows them to recieve compensation & recognition, and maintain autonomy over their work
- Theoretically incentivizes authors to create
- A combination of the following 2 rationales
Purpose of Copyright
- Authors are incentivized to create because of societal benefits (i.e. financial)
- Common law basis
Utilitarian
Author's Rights
- Authors are incentivized to create because of their connection to their works
- Connected to moral rights
- Civil law basis [1]
How does copyright relate to Intellectual Property?
Copyright
Artistic & Literary works
Trademarks
A symbol or phrase that differentiates a business from another
Patent
Gives inventors monopolies to produce their creation
Intellectual Property
The overarching area of law that dictates how creators can control how people use their creations
[1]
Types of IP
| Copyright | Trademark | Patents | |
|---|---|---|---|
| Example | Taylor Swift's new album | "Always fresh, always Tim Horton's" [4] | Patent for compound in Ozempic* |
| Timespan | 70 years after the death of the creator | Indefinite, if reapplied for & in use (5) | Maximum 20 years (6) |
| Application Required | No (optional) [2] | Yes | Yes (7) |
| Cost | No [3] | Yes | Yes |
*The parent company forgot to pay their maintenence fees, meaning the patent is about to expire in Canada (8)
What can be copyrighted?
- Expressions traditionally thought of as literary (novels) or artistic (paintings)
- Other media, like videos or songs
- Text like computer code
Literary & Artistic Works
This can include:
Certain attributes make copyright not possible
No one person can 'own' the fact that the sky is blue, or the grass is green. Facts or ideas belong to the public
1
Ideas or facts
As of 2025, in Canada, non-human generated works (like GenAI) cannot be copyrighted
2
Non-human creator
If I did an impromptu improv dance right now, and no one made a recording, it would not be copyrightable
3
Non-fixed or tangible forms
Let's play a game called, "Can this be copyrighted?"
Can this be copyrighted?
1
A non-fiction book that I write about a crime that occured in my town
Can this be copyrighted?
1
A non-fiction book that I write about a crime that occured in my town
Yes! While this may include 'facts' this doesn't disclose the work from being copyrighted, as it's still my artistic expression of those facts. I couldn't copyright case facts on their own.
Can this be copyrighted?
2
The existence of a new chemical element I discover
Can this be copyrighted?
2
The existence of a new chemical element I discover
No. This is now a scientific idea/fact, and cannot be copyrighted. The scientific community may agree to let you name this element, but this does not give you copyright over the element
Can this be copyrighted?
3
An AI generated video, that I created the prompt for
Can this be copyrighted?
3
An AI generated video, that I created the prompt for
No. The video was not created by a human, so it cannot be copyrighted (as of right now) but you may be able to copyright the prompt (9)
How do you get copyright?
- Once you have put your work into a tangible/fixed form, you own the copyright!
- However, if you'd like there to be a record of this, you can opt to register copyright
- This certificate can be used in evidence in court, if there is any question of who came up with an idea first [3]
Copyright is automatic
What is the 'public domain'?
- Works that are not under copyright
- Free to use without fees, or attribution
- There are 4 primary ways a work can enter the public domain
Public Domain
Methods of Entering the Public Domain
| Method | Example |
|---|---|
| Not copyrightable work | Scientific element |
| Copyright has expired | Mickey Mouse |
| Author puts work into public domain early | Works with CC0 license applied by author |
| Author doesn't follow procedure | Forms incorrectly filled out [10] |
Exceptions and Limitations to Copyright
- Most countries have guidelines on cases where copyright does not apply
- These exceptions/limitations are important as they allow for things like education, critique, and other activities critical to democracy
Copyright exceptions & limitations
- Specific use cases are spelled out, and copyright is not applicable
- Common in civil law
- More explicit/clear, but less flexible
Approach 1
Approach 2
- Certain conditions are laid out, and use cases can be considered based on these
- Common in common law
- Less straightforward, but allows for flexibility
- How the work is being used
- The kind/type of work
- How much of the work is being used
- How the use might affect the commercial opportunities
More on Approach 2
In the United States, exceptions/limitations are referred to as 'fair use', and cases are evaluated on the below criteria
- Research
- Private Study
- Education
- Parody
- Satire [11]
In Canada...
We have 'fair dealing' rather than 'fair use', and it dictates the following activities don't infringe upon copyright:
This exception is very relevant to our work as staff at a Canadian Research Library!
Thank You!
Contact me if you'd like to discuss this further!
Copyright Basics
By Catherine Gracey
