Copyright Basics

Copyright is the term used to indicate someone has the ownership of or rights to a document, image, music, or even a performance, as well as the right to distribution and use, in the same way we may own an object such as a car. Copyright holders have the legal right to decide IF you can use something, and under what circumstances, and for what cost.

What is protected?

“Every original literary, dramatic, musical and artistic work.” – Copyright and Moral Rights in Works, Government of Canada’s Justice Laws

• Literary works include books, blogs (in any format), tables, computer programs, literary compilations, legal contracts, letters (in any format), poems, and even lectures, which are fixed in some form

When does it apply?

In Canada, copyright applies as soon as something becomes fixed in a tangible format, such as a note, email, electronic or hard copy of something, .jpg, song, translation, draft, drawing, map, chart, or letter (in any format) even a cartoon on a napkin.

Some criteria apply:

• There must be originality - the work cannot just be a copy of someone else’s original work. Skill and some personal judgment have to be involved in the creation of the new work.
• The work has to be in a fixed format some material form with a more or less permanent endurance (extemporaneous lectures, speeches, jam sessions and drawings in sand just don’t cut it but graffiti does!)

Not protected:

Words, slogans, titles, facts, and news (News may be copyright protected if it is presented in a fixed form, such as in a post on a news outlet’s website.)

Infringement

Violation of copyright the use of a copyrighted material without the copyright holder’s consent. It is irrelevant whether there is a copyright notice, whether copying is done in good faith, or if the copyright holder could not be found.

Digital infringement occurs when:

• Copyrighted material is posted on the internet or another digital network in such a way that enables acts of copyright infringement. (This is why we can not post copyright material in in a learning management system without processing permissions)
• Copyright information or digital rights on copyrighted works have been tampered with or removed.

For course materials, this means coursepacks, web site content, journals, book, and cases published in any format can not be used or copied (even in an e-mail), added to a learning management system , translated, or even stored in any format without written permission from the copyright owner and payment in full. Any other use would be as unethical and unlawful as borrowing a car without permission or taking over someone else’s web site.

Copyright notice and registration

• In Canada, registration of copyright is not required . In the United States, this is also true, but there is no recourse through the courts for violations of copyright unless a work has been registered .
• Use of the © symbol is not required in Canada, but is helpful as a reminder that copyright exists on the work. Copyright notices should have the copyright holder’s name, year of copyright, and the copyright symbol. No particular order is required.

Rights of copyright holders

Copyright holders have the exclusive right to reproduce a work or any substantial part of it in material form, as well as the right to adapt, translate, distribute, and telecommunicate (online, internet) a work to the public and determine the circumstances under which it can be distributed.

Collective or collaborative works and compilations

According to Canada’s Copyright Act, acollective or collaborative works or compilation is any work written in distinct parts by different authors, or in which works or parts of works by authors are incorporated

• These works include newspapers, textbooks with contributing authors, articles with photos by someone else.

Journal articles and book chapters – academic use

Journal articles in a compilation are discrete entities and require individual copyright; however, if a chapter of a book is less than 10 per cent of the entire book, one can usually use it freely provided that it has been properly cited. This is according to the academic exceptions provisions of the Canadian copyright legislation.

What kinds of penalties or fines could result from our infringement of copyright?

Copying anything without permission can and has resulted in seizure of materials, the distribution of fines over $100,000, and even jail time. Furthermore, materials currently used may no longer be available for use at Ivey. Copyright holders could refuse to grant permission for copying. For example, if the transgression involves Harvard documents, Harvard could withdraw their entire collection from us, drastically affecting the availability of course materials and their cost.

Want to learn more about copyright? Check out this great video by the Copyright Clearance Center - http://go.copyright.com/basics. 

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Copyright Permission

Permission to Post a Product on a Website or Learning Platform

 

To post a product (i.e., case, note, exercise, article, etc.) from our collection, permissions can be directly purchased via our website. For instructions on how to order products online, click here.

 

Permission to Use Your Published Product

 

If you wish to use your own published product for teaching purposes, please complete the fillable PDF

Author Permission Form. Complete the form and email cases@ivey.ca for authorization. Further instructions to access the complimentary PDF file will be provided upon completion of your order.

 

Supplied PDFs may only be used for the duration of the permission requested via the form.

  

Permission to use a Co-Brand Product

 

If you wish to use a published product from your co-branded institution in a classroom setting, please complete the fillable PDF Co-Brand Permission Form. Complete the form and email cases@ivey.ca for authorization. Further instructions to access the complimentary PDF file will be provided upon completion of your order.

 

Supplied PDFs may only be used for the duration of the permission requested via the form.

  

Permission to Use a Product in a Textbook

 

For permission to include a product (i.e., case, note, exercise, etc.) from our collection in a textbook, please complete the Republication Request Form and return it to us by email to cases@ivey.ca. Permission will be granted once an agreement has been signed by a representative of both the textbook author and publisher. Permission is for one-time use only and must be requested each time the case is used in a subsequent edition.

  

Permission to Translate

 

If you wish to translate a product (i.e., case, note, exercise, etc.) from our collection, please complete the Request for Permission to Translate. Products may not be translated without the specific approval of Ivey Publishing. Please note you will be asked to sign in or register for an Ivey Publishing account prior to being able to access the form.

 

Please see our Translation Permission Policy for additional information. Our current agreements with our supplier partners do not permit us to authorize the translation of their material.

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Ivey Publishing’s Position on AI and Learning Materials

Ivey Publishing embraces the responsible use of artificial intelligence (AI) and large language models (LLMs) while upholding the principles of academic integrity, data privacy, copyright protection, and transparency.

We are committed to safeguarding Ivey Publishing’s learning materials and intellectual property. Except where expressly permitted in writing by Ivey Publishing, users may not upload, input, submit, or otherwise use Ivey Publishing learning materials, in whole or in part, in connection with any AI tool, LLM, machine learning system, or similar technology. This prohibition includes, without limitation, using such materials to train, fine-tune, ground, prompt, test, or otherwise develop or improve any AI or automated system.

Requests for permission to use Ivey Publishing learning materials in connection with AI or LLM tools must be submitted to Ivey Publishing in advance and in writing. Permission, if granted, will be at Ivey Publishing’s sole discretion and may be subject to specific terms and conditions, including limitations on scope, duration, purpose, access, attribution, security, retention, and deletion. To request permission, please email cases@ivey.ca.

In the development of learning materials, AI and LLMs may serve as tools for refinement and enhancement. We believe these tools should serve as a supplement to—not a replacement for—human creativity, academic expertise, originality, and editorial oversight.

Authors must disclose any use of AI and LLMs in materials submitted for publication to Ivey Publishing. For additional conditions and disclosure requirements related to the use of AI and LLMs, please refer to our AI Disclosure Form.

We will continue to update our policies as learning materials and industry practices evolve.