Copyright Information for Faculty

The information on this page is intended for Queen's faculty and addresses the following: 

- Fair Dealing and Indigenous Works, 

- Indigenous Works Online, 

- Creative Commons Licenses, 

- Traditional Knowledge Labels, 

- Queen's University Library's Indigenous Resources Portal and Collections, and  

- Guest Lecturers.

If you have questions or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca. 

The Office of Indigenous Initiatives at Queen's University builds community, advances reconciliation/conciliation, and integrates Indigenous ways of knowing and being into the fabric and life of the university. 

Traditional knowledge is the knowledge resulting from intellectual activity in a traditional context, including innovations, know-how, practices, and skills that are developed, passed on through generations, and form the cultural and spiritual identities of Indigenous communities. As Indigenous communities are the guardians of their traditional knowledge, it is accessed and used solely at the discretion of the Indigenous communities and in accordance with any licenses that they have chosen to apply. 

Adopted by the General Assembly on September 13, 2007, the United Nations Declaration on the Rights of Indigenous Peoples established a framework of minimum standards for the survival, dignity, and well being of Indigenous peoples of the world. The Declaration elaborates on existing human rights and fundamental freedoms and Article 31 states that "Indigenous peoples have the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, as well as the manifestations of their sciences, technologies, and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of flora and fauna, oral traditions, literature, designs, sports and traditional games, and visual and performing arts. Indigenous peoples also have the right to maintain, control, protect, and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions". 

The Canadian United Nations Declaration on the Rights of Indigenous Peoples Act came into force in 2021 so we would seek to apply copyright law to oral traditions, literature, designs, and visual and performing arts but we need to be cautious about applying what would be regarded as colonial law to Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression. We also need to recognize that significant efforts are being undertaken by Indigenous peoples to reclaim their cultural heritage, traditional knowledge, and traditional cultural expressions that have been fixed in some way (in print, photographs, recordings, etc.) and have been made available to the public when they never should have been. When considering whether to use an Indigenous work of cultural heritage, traditional knowledge, or traditional cultural expression for educational or research purposes, it would be a best practice to consider whether such use would be contributing to or perpetuating the use of that Indigenous work outside the Indigenous community to which it belongs. The use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression does require special consideration so it would be a best practice to seek approval for uses from, and confirm the appropriateness of uses with, the Indigenous communities that the Indigenous works belong to. 

Queen's University incorporated wording from the United Nations Declaration on the Rights of Indigenous Peoples into the Copyright Compliance and Administration Policy within the Fair Dealing Exception section. That wording is echoed in section 4 of Appendix A: Fair Dealing Requirements for Educational Copying: the use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expressions requires special consideration. In such cases, contact the Copyright Advisory Office for review and assistance: qcopy@queensu.ca.

The Fair Dealing Requirements address the reproduction of short excerpts from copyright-protected material or works. Whenever a short excerpt is reproduced from a copyright-protected material or work, that short excerpt is removed from the whole and original copyright-protected material or work and there is a risk that the short excerpt could become disassociated from the whole and original copyright-protected material or work. The risk of disassociation presents threats to heritage and culture which increase substantially when a short excerpt is reproduced and removed or separated from an Indigenous work of cultural heritage, traditional knowledge, or traditional cultural expression.

When conducting fair dealing assessments to determine whether the use of a short excerpt from a copyright-protected material or work is likely to be fair, we consider the six fair dealing factors that were prescribed by the Supreme Court of Canada in the decision regarding CCH Canadian Ltd. v. Law Society of Upper Canada (2004). These six factors are:

1. the purpose of the dealing,

2. the character of the dealing,

3. the amount of the dealing,

4. the availability of alternatives to the dealing,

5. the nature of the work, and

6. the effect of the dealing on the work.

These six fair dealing factors are intended to be considered in the order that they were prescribed by the Supreme Court of Canada. When considering whether the use of a short excerpt from an Indigenous work of cultural heritage, traditional knowledge, or traditional cultural expression could possibly be fair, it may be appropriate to consider the six fair dealing factors in a different order:

1st (Factor 5) the nature of the Indigenous work: what is the nature of the Indigenous work involved in the dealing? Is the Indigenous work unpublished and should it remain as such? Has the Indigenous work been published by or with consent from an Indigenous community? Is the Indigenous work intended only for a specific audience, such as an Indigenous community or specific members of an Indigenous community?

2nd (Factor 1) the purpose of the dealing: is the dealing with the Indigenous work for one of the eight purposes that the Copyright Act states constitutes fair dealing and does not constitute copyright infringement (research, private study, education, parody or satire, criticism or review, or news reporting)?

3rd (Factor 2) the character of the dealing: which and now many of the Indigenous author's or Indigenous community's economic rights are being exercised without their authorization or permission in order to deal with the Indigenous work for the specific purpose? Is the format of the Indigenous work being transferred (ie from print or physical format to digital)? Are single or multiple copies being made? Are single or multiple copies being distributed to one person or student, a few people or students, or many people or students? Are copies being destroyed after the purpose of the dealing has been achieved? *How, and in what manner, will the moral right of attribution be respected?*

4th (Factor 3) the amount of the dealing: in proportion to the Indigenous work, how much of the Indigenous work is being reproduced, distributed, communicated, performed, exhibited, or translated/adapted? Is that amount substantial or insubstantial? Is a single short excerpt involved in the dealing or are multiple short excerpts involved in the dealing? Has the amount of the dealing been considered from both qualitative and quantitative perspectives?

5th (Factor 6) the effect of the dealing on the Indigenous work: will the dealing with the Indigenous work have an adverse effect on the Indigenous community and/or their culture and heritage? Will the dealing with the Indigenous work have an adverse effect on the Indigenous author's or the Indigenous community's ability to exploit the economic value and potential of the Indigenous work? Is the dealing with the Indigenous work likely to compete with the original Indigenous work in its published form and in its market?

6th (Factor 4) the availability of alternatives to the dealing: have available alternatives to the dealing been identified and considered? Is the Indigenous work available through the databases or among the eResources that Queen's University Library licenses and subscribes to? Is an equivalent alternative available within the public domain, through a Creative Commons license, or through a Traditional Knowledge label? Was the Indigenous work made available online by the Indigenous author or Indigenous community and, if so, can a link or hyperlink be shared instead of the Indigenous work being reproduced?

*The Indigenous author(s), Indigenous community or Indigenous communities, and source of the short excerpt should be visible on the copy of the short excerpt that is provided (classroom) or communicated (course site) to students.* 

The use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression do require special consideration so while it would be a best practice to conduct a respectful fair dealing assessment, it would also be a best practice to seek approval for uses from, and confirm appropriateness with, the Indigenous communities that the Indigenous works belong to.

Queen's faculty are encouraged to use Queen's University Library's Course Reserves service if they intend to make copies of short excerpts from Indigenous works available to students through their course sites.

If you have questions or concerns about the application and interpretation of fair dealing, please consult our Overview of Fair Dealing page or contact the Copyright Advisory Office for assistance: qcopy@queensu.ca. 

Section 30.04 of an exception within the Copyright Act that permits the use of publicly accessible online content for educational purposes. In order to make use of this exception, the following conditions must be met: 

- the content must be publicly accessible; 

- the content must be legitimate and must have been made available online to the public by the copyright owner; 

- the content must not be accompanied by clearly visible copyright notices that prohibit educational or non-commercial use; 

- access to and use of the content must not be restricted by technological protection measures or digital locks; and 

-*the author(s) and source of the content must be acknowledged when publicly accessible online content is reproduced, distributed, displayed, performed, and communicated to students.*

The use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression do require special consideration so it may be appropriate for the five conditions, from section 30.04 of the Copyright Act, listed above to be considered as follows: 

- the content must be publicly accessible (you must be able to access the content without creating an account, logging in to a website, subscribing to a website, platform, or online service, or paying any fees); 

- the content must be legitimate (not an infringing or unauthorized copy) and must have been made available online to the public by the author or the Indigenous community (consult verified accounts and authorized websites, consider the validity of the usernames of those who posted or uploaded the content, consider the account's or username's association with and representation of an Indigenous community, avoid content that is accompanied by disclaimers that state 'no copyright infringement intended'); 

- the content must not be accompanied by clearly visible copyright notices that prohibit educational or non-commercial use (avoid websites and content that bear or are accompanied by notices, statements, disclaimers, etc., indicating that websites and content are to be accessed and used only by Indigenous communities or specific members of Indigenous communities; respect and abide by notices, statements, disclaimers, etc., that indicate that the use of content outside of an Indigenous community requires approval, authorization, consent, or permission); 

- access to and use of the content must not be restricted by technological protection measures or digital locks (avoid images that have been watermarked, avoid text that cannot be downloaded or copied and pasted, and avoid music and videos that cannot be played in your geographic location); and  

- *the author(s), Indigenous community or Indigenous communities, and source of the content must be acknowledged when Indigenous content or works from publicly accessible online sources are reproduced, distributed, displayed, performed, and communicated to students.* 

Please keep in mind that linking or hyperlinking to publicly accessible online content is an alternative to reproducing that content. In the decision regarding Crookes v. Newton (2011), the Supreme Court of Canada stated that "a hyperlink, by itself, should never be seen as 'publication' of the content to which it refers" [para. 14]. Linking or hyperlinking to content does not constitute reproducing that content and links or hyperlinks would not need to be accompanied by attribution statements however, it may be a best practice to indicate to students that links or hyperlinks are directing to Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expressions. 

If you come across Indigenous works, or copies of them, online and have questions or concerns about whether and how those Indigenous works, or copies of them, could or should be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca. 

Queen's faculty are encouraged to use Queen's University Library's Course Reserves service if they intend to make copies of content from publicly accessible online sources available to students through their course sites.

Creative Commons-licensed content and works are protected by copyright. Indigenous authors of Creative Commons-licensed works may have elected to employ Creative Commons licenses to pre-authorize the use of their copyright-protected content or works by permitting the exercising of some or all of their economic rights and retaining their moral right of attribution. There are seven Creative Commons licenses that permit specific uses of content and works that range from least to most restrictive. 

All seven Creative Commons licenses permit educational use but some licenses do not permit adaptations or the creation of derivative works such as incorporating components (ie blocks of text or images) from Creative Commons-licensed content and works into course materials. 

The Creative Commons Licenses

CC 0: both moral and economic rights are waived. The content or work can be used without any restrictions but *the attribution right should be respected for academic purposes.* 

CC BY: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is the only requirement.* 

CC BY-SA: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-SA license). 

CC BY-ND: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes but adaptations and the creation of derivative works are not permitted (content or work must be used as is). *Respecting the attribution right is required.* 

CC BY-NC: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required.* 

CC BY-NC-SA: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-NC-SA license). 

CC BY-NC-ND: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner) but adaptations and the creation of derivative works are not permitted (content must be used as is). *Respecting the attribution right is required.* 

If you have questions about Creative Commons-licensed content or works, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.

Traditional Knowledge Labels offer Indigenous authors and Indigenous communities an educative and informational strategy to help non-community users understand the significance of cultural heritage, traditional knowledge, and traditional cultural expression to the Indigenous communities from which the cultural heritage, traditional knowledge, and traditional cultural expression derive and continue to have meaning. Traditional Knowledge Labels are intended to "promote new standards of respect by embedding Indigenous rules and protocols within digital systems" so that culturally respectful and fair decisions can be made regarding the access and use of Indigenous works of cultural heritage, traditional knowledge, and traditional cultural expression (Local Contexts).  

There are 19 Traditional Knowledge Labels within 3 distinct groups: Provenance Labels, Protocol Labels, and Permission Labels. 

Provenance Labels "identify the group or subgroup which is the primary cultural authority for the material and/or recognizes other interests in the materials" (Local Contexts).

TK Attribution (TK A): this Label is used when an Indigenous author or an Indigenous community "would like anyone who uses the material to know who the correct sources, custodians, or owners are. This is especially useful if the material has been wrongly attributed or important names of the people involved in making the material or safeguarding the material are missing. This label allows historical mistakes to be corrected by indicating that non-community users must name and acknowledge the legitimate authorities for the material" (Local Contexts). 

TK Clan (TK CL): this Label is used when an Indigenous community would like non-community users "to know that the material is subject to conditions for circulation relating to [or in accordance with] clan membership" and their protocols (Local Contexts). 

TK Family (TK F): this Label is used when an Indigenous community would like non-community users "to know that the material is subject to certain conditions for circulation [because] the material us usually only shared between family members" (Local Contexts). 

TK Multiple Communities (TK MC): this Label is used when Indigenous communities would like non-community users to know that "multiple [Indigenous] communities have responsibilities of custodianship and/or ownership over specific material; the no singular [Indigenous] community has explicit control [as] rights and responsibilities for use are spread across [Indigenous] communities through already existing community protocols and ongoing cultural relationships" (Local Contexts). 

TK Community Voice (TK CV): this Label is used when Indigenous communities "would like to encourage their community members to share their knowledge, stories, and experiences. The label indicates that the current narrative or explanation that accompanies the material is incomplete or partial and that many community voices are needed to help make sense of and understand the event, photograph, recording, or heritage item" (Local Contexts).  

TK Creative (TK CR): this Label is "used when an individual [Indigenous] artist or author would like to clearly connect creative practices with traditional knowledge deriving from their own community. While an individual [Indigenous] artist or author has standard copyright and Creative Commons licenses are available to use, this Label helps make clear that a creative practice is also deeply connected to a collective responsibility around the use and sharing of traditional knowledge" (Local Contexts). 

Protocol Labels "outline traditional protocols associated with access to this material and invite viewers to respect [Indigenous] community protocols" (Local Contexts). 

TK Verified (TK V): this Label is used when an Indigenous author and their Indigenous community "are satisfied with the way in which [their] traditional knowledge material are being represented online or offline. This Label affirms that appropriate conditions for access and use are in place and that whoever has made the material accessible has made accommodations for cultural protocols [{and standards] associated with the knowledge" (Local Contexts).

TK Non-Verified (TK NV): this Label indicates that the "material has not been verified by the [Indigenous] community. Reasons for this could include that it has not been appropriately vetted, has mistakes, omissions, derogatory language, lack of informed consent, or its process of creation was through dishonest research which did not follow proper [Indigenous] community protocols" (Local Contexts). 

TK Seasonal (TK S): this Label is used when Indigenous authors and Indigenous communities would like non-community users to "know that the material has seasonal conditions of access and use. This could mean that [the] material should only be used and heard at particular times of the year; that the environment and land where the material derives influences and impacts its meaning and significance; and that there are land-based teachings in the material which affect proper use and respectful understanding" (Local Contexts). 

TK Women General (TK WG): this Label is used when an Indigenous community would like non-community users to know "that the material should only be shared between women in the [Indigenous] community. There are restrictions of access and use to women based on customary law" (Local Contexts).  

TK Men General (TK MG): this Label is used when an Indigenous community would like non-community users to know "that the material should only be shared between men in the [Indigenous] community. There are restrictions of access and use to men based on customary law" (Local Contexts).  

TK Women Restricted (TK WR): this Label is used when an Indigenous community would like non-community users to know that the material is "of a highly restrictive nature. Only authorized (and/or initiated) women within the [Indigenous] community should be using the material" (Local Contexts). 

TK Men Restricted (TK MR): this Label is used when an Indigenous community would like non-community users to know that the material is "of a highly restrictive nature. Only authorized (and/or initiated) men within the [Indigenous] community should be using the material" (Local Contexts). 

TK Culturally Sensitive (TK CS): this Label is used when an Indigenous community would like non-community users "to know that the material has special sensitivities around it and should be treated with great care. These sensitivities could include: that it has only recently been reconnected with the [Indigenous] community from which it originates, that the [Indigenous] community is currently vetting and spending time with the material, and that the material is culturally valued and needs to be kept safe. This Label can also be used to indicate that there are cultural sensitivities around the material arising from legacies of colonialism, the use of derogatory language or descriptive errors within the content and/or content descriptors" (Local Contexts). 

TK Secret/Sacred (TK SS): this Label is used when an Indigenous community would like non-community users to "know that the material contains secret/sacred information and that it has specific conditions of access and use. This Label alerts [non-community members] that the material is special and requires respectful and careful treatment" which should be discussed with the Indigenous community before the material is used (Local Contexts). 

Permission Labels "indicate what activities the [Indigenous] community has approved as generally acceptable. Other uses require direct engagement with primary cultural authorities" (Local Contexts). 

TK Open to Commercialization (TK OC): this Label is used by Indigenous communities "to indicate an expressed interest in being a primary party to any future negotiations if commercialization opportunities arise [because Indigenous] communities have the right to benefit commercially from the information that is derived from traditional knowledge" (Local Contexts).  

TK Non-Commercial (TK NC): this Label is used by Indigenous communities when they would like to let non-community users "who have access to the material know that it should only be used in non-commercial ways, [that the material] not be used to derive economic benefits or [be] used in any way that makes it into a commodity for sale or purchase" (Local Contexts). 

TK Community Use Only (TK CO): this Label is used by Indigenous communities when they would like non-community users to know "that the material is subject to certain conditions of circulation, namely that the material is usually not circulated beyond the family, clan, or community" (Local Contexts). 

TK Outreach (TK O): this Label is used by Indigenous communities when they would like their "cultural materials [to be] used for educational outreach activities...outside of the community in order to increase and raise awareness and education about their family, clan, and/or community, [and in order to} develop new possibilities in the fair and equitable reciprocal exchange for use of the material in outreach activities, [such as] access to educational or other resources the the [Indigenous] community has difficulty accessing under other circumstances" (Local Contexts). 

TK Open to Collaboration (TK CB): this Label is used by Indigenous communities "to indicate that the community is open to research collaborations...and engagement is supported" (Local Contexts).  

For more information about the Traditional Knowledge Labels, please see Local Contexts' Labels Usage Guide. 

If you have questions about Traditional Knowledge Labels or Indigenous works of cultural heritage, traditional knowledge, or traditional cultural expression, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca 

Queen's University Library has developed a number of guides, curated resources, and licensed the use of Indigenous works that are available through databases and eResources. Queen's faculty are encouraged to consult our Queen' University Library Indigenous Resources Portal for more information. 

Library-licensed Content and Works 

While, in many cases, handouts can be produced (printed) and distributed in the classroom to students enrolled in the course, postings cannot be printed, scanned, and uploaded to course sites or downloaded and uploaded to course sites (such copies would be in violation of license agreements as they would compete with the original digital content and works within the databases). The databases will feature persistent linking or other sharing options so that students can be directed to the original content and works within the databases. The url that will display at the top of your browser will be unique to your logged in search session - rather than use that url, please make use of the persistent linking or other sharing options within the databases. Students may be prompted to log in so that they're recognized as authorized users but, once logged in, they will be able to access the content and works that you've directed them to through the persistent links or other sharing options. 

If you have questions about databases and their permitted uses and restrictions, please consult our License Information page or contact the Copyright Advisory Office for assistance: qcopy@queensu.ca. 

Library-licensed Image Collections 

The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's faculty. The chart links to library-licensed image collections with descriptions of the collections and information about the scope of use and attribution statements. Many of the collections include artworks, photographs, and imagery produced by and licensed from Indigenous artists and Indigenous communities. In many cases, images from library-licensed image collections can be incorporated into handouts, postings, slides, quizzes, tests, and exams and can be displayed in the classroom, in a course site, during an online class, and during a recorded lecture. 

If you come across an image, from any online source, that you would like to use but have questions or concerns about whether and how that image can be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca. 

Library-licensed Film and Video Collections 

The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's faculty. The chart includes links to library-licensed film and video collections with descriptions of the collections and information about the scope of use. Many of the collections include films and videos about, produced by, and licensed from Indigenous filmmakers, videographers, and Indigenous communities. Of the 38 collections listed, 31 can be performed/streamed in the classroom and persistent links can be used within a course site but the films and videos in these collections cannot be performed/streamed during an online class or during a recorded lecture. One of the collections can be used within Faculty of Education courses only. The remaining 6 collections may be accessed and used for private study and research purposes only. As such, the word 'teaching' will be highlighted in the Scope of Use column in cases where library-licensed film and video collections can be performed/streamed in the classroom and persistent links can be used within a course site but the films and videos in these collections cannot be performed/streamed during an online class or during a recorded lecture. 

If you come across a film or video, from any online source, that you would like to use but have questions or concerns about whether and how that film or video can be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca. 

When making arrangements for a guest lecturer to visit your class, although it is generally assumed, it is best to confirm that their lecture materials (handouts, slides, etc.) can be reproduced and distributed to students and colleagues and/or reproduced and communicated to students and colleagues through course sites and/or email. If you intend to record a guest lecturer's lecture, it would also be best to confirm with the guest lecturer that this can be done. This can often be done via an email exchange so that the guest lecturer's response can be kept for your records. 

Protocols for inviting Indigenous guests to your class have been provided by the Office of Indigenous Initiatives.