In giving permission to copy, quote from, or publish, the Library does not surrender its own right to publish such material or to grant permission to others to do so. The researcher assumes full responsibility for the use of material and for conformity to the laws of defamation, privacy, and copyright, and shall indemnify and hold harmless the University and the Library from claims arising as a result of use of the material so obtained. Literary rights to all unpublished materials remain in the possession of the authors, heirs, or assignees. The user assumes full responsibility for obtaining permission to publish such items in whole or in part.
The use of certain documents may be restricted by statute (in particular the provincial Freedom of Information and Protection of Privacy Act), or the donor. The researcher must assume full responsibility for fulfilling the terms connected with the use of restricted material. For the protection of its holdings, Special Collections & Archivesalso reserves the right to restrict the use of materials which are not arranged or are in the process of being arranged, materials of exceptional value, and fragile materials.
The use of certain documents may be restricted by statute or the donor. The researcher must assume full responsibility for fulfilling the terms connected with the use of the restricted material. For the protection of its holdings, the Library also reserves the right to restrict the use of materials which are not arranged or are in the process of being arranged, materials of exceptional value, and fragile materials.
Extracts from archival documents should be cited as follows:
University of St Michael's College, John M. Kelly Library, Special Collections and Archives, [collection name, box and folder number].
When microform or photocopied documents are used, the name of the repository holding the original should also be cited.
Acknowledgement to the Kelly Library must accompany the reproduction of any pictorial material on the same page or as closely as to be immediately obvious to the reader, user or viewer. For television, audio-visuals and films, prominent acknowledgement in the credits at the beginning or the end is acceptable
"Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything by this Act, only the owner of the copyright has the right to do."
The following acts do not constitute an infringement of copyright:
- any fair dealing with any work for the purposes of: private study, research, criticism, review or newspaper summary.
- Copyright means the "right to copy". It is the exclusive right of the creator of the work; unless that right is waived.
- Copyright protection is extended automatically to works upon their creation. The work need not state it is copyrighted to be protected.
- The following rights are the exclusive rights of the owners' of copyright:
The right to make copies
The right to assign or license the use of a work
Public performance rights
Works protected by copyright
Original works whatever may be the mode or form of their expression including, but not limited to: books, letters (whether business or personal), photographs, portraits, musical works, sound recordings, audio-visual works, computer programs, newspaper, magazine, or journal articles. As a general rule, these works are protected during the lifetime of the author, and for 50 years after the author's death.
Links to Copyright Resources
Copyright issues are often complex. For general information, links to legislation and other useful information:
Permission from the Kelly Library must be obtained before any unpublished documents can be published. Patrons wishing to have photographs, maps, or other audio-visual materials reproduced for publication must read and complete the relevant forms. For more information please see Reproduction Services.