Copyright Policy

AC-LRC-POL-048 Copyright Policy
Department	Academic - LRC
Creation Date	February 18, 2021
Approval Date	March 3, 2021
Effective Date	September 7, 2021

Organizational Scope

The policy applies to all Michener Institute of Education at UHN  (“Michener”) employees and students.

Purpose

To ensure compliance with the Copyright Act as it relates to the use, reproduction and distribution of copyright-protected work.

Definitions

Copyright

The sole right to produce, reproduce and copy a work. In Canada, all original creative works are automatically protected by copyright upon their creation and protection applies whether or not a copyright symbol appears on the material. Only the copyright owner or its authorized licensees have the right to decide when and how the work is to be copied, altered or made available. Regardless of format, the use, reproduction and distribution of copyright protected materials are subject to limits and restrictions.

Employee

Full-time, part-time and contract faculty, support staff and administrators of Michener.

Policy

1. Commitment and Responsibility
   1. Michener respects the rights of copyright owners and shall not knowingly copy, sell, distribute or use any print or electronic materials without the express permission of the copyright owner or in accordance with the appropriate policies and/or licence agreements.
   2. Michener employees and students shall abide by the Copyright Act, relevant policies and Michener’s licence agreements and can be held liable for non-compliance.
   3. Copyright material shall not be accessed, copied, transformed, used for financial gain or distributed using Michener’s services, equipment or facilities unless prescribed by the Copyright Act, Michener’s licence agreements or this policy.
2. Ownership
   1. In accordance with the Copyright Act, the author of original creative work is generally the owner of the copyright.
   2. Michener shall hold the copyright of work created during the course of an author’s employment with Michener unless an agreement states otherwise.
   3. The copyright of work prepared by students in fulfilment of their Michener program requirements shall be owned by the student. The students have the right to control all further uses of their work.
   4. Michener faculty shall not use a student’s work for purposes other than that for which it was assigned unless prior written consent is received from the student.
   5. Michener shall obtain a signed waiver from students to use their work for purposes other than which it was assigned, such as marketing or fundraising.
3. Policy Violation
   1. Michener employees and students must report any real, perceived or believed violation of this policy to LRC@Michener.ca.
   2. All documentation related to the alleged violation shall be recorded and maintained in the Registrar’s Office (for student violations) or Human Resources (for employee violations) in accordance with the Freedom of Information and Protection of Privacy Act.
4. Enforcement
   1. Where it is determined that a violation of this policy has occurred, Michener shall exercise its right and obligation to sanction the offending student or employee, which may include:
      • Verbal/written warnings
      • Rescinding of Michener services
      • Removal of materials from computer equipment facilities and networks
      • Denial of using copyright material in the academic environment/classroom
      • Restitution for costs associated with copyright material
      • Disciplinary directives
      • Behavioural contracts
      • Suspension
      • Expulsion
      • Dismissal
   2. The appropriate Chair, Dean or Director shall discuss, confirm and convey the recommended sanction for a violation of this policy.
   3. Documentation outlining Michener’s decisions in a specific violation may be placed on the student’s and/or employee’s file for up to two years, subject to the provisions of the appeal and/or collective agreement processes.
5. Formal Appeal
   1. The respondent or complainant may submit a formal appeal within 10 working days of receiving Michener’s decision on the violation and where one or more of the following are claimed:
      • There was procedural unfairness
      • The violation was not supported by the facts
      • The sanction was excessive or insufficient.
   2. Appeals must be made in writing and clearly identify the reasons for the appeal.

Associated Documentation

• Copyright Procedure for the Use of Student Works
• Fair Dealing Policy on the Use of Copyright-Protected Works
• Intellectual Property Policy: under development
• Academic and Non-Academic Appeal Policy
• Academic Integrity Policy and Procedure
• Professionalism Policy
• Copyright Act (R.S.C., 1985, c. C-42)

Revision History