How to Interpret the Use Requirements
ESDC Intellectual Property (IP) Job Aid Series

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    Assume that all materials are protected by copyright – whether or not the copyright symbol has been affixed! (©)

    Use Requirements set out the conditions under which copyright materials may be used.

    If the Use Requirements cannot be found or are complicated or unsuitable, consult the owner directly, replace with different materials or seek the advice of the IPCOE.

    Find & read

    Use Requirements can usually be found by clicking on the image, the Visit webpage (Google Images), the image name (Bing) or by going to the host/owner website.

    • They may be found under various headings such as Terms of Use, Terms & Conditions, copyright information, Legal Stuff, License Information, etc.
    • When dealing with books, CDs and DVD's, reports, music, etc., check the packaging or the cover page for a rights notice or contact information. 

    Ensure that the Use Requirements include the rights needed for the activity, such as the right to modify, copy, distribute, publish and/or translate.

    If there are restrictions, you may need to seek the owner's permission.

    [See: Job Aid – Requesting Permission to Use IP]

    Keep records

    If permission to use the material is provided at the source, keep a record of the source location or URL where it was found, as well as a complete copy/screenshot of the material/image and a complete copy of the Use Requirements.
    If permission from the copyright owner is required, contact them to provide clear details around how and where the material will be used and keep a record of all communication.

    Save all records in a Shared Repository where they can be found later, are accessible to multiple employees and will be kept indefinitely.

    Comply

    Always adhere to the Use Requirements established by the copyright owner.

    Be cautious about using the material if the Use Requirements are hard to find, seem incomplete or unclear and/or if they include any of the following:

    • An indication that the laws of a country other than Canada apply.
    • A statement absolving the organization (e.g. the website) from any liability for damages, costs or losses resulting from use of their content.   
    • A statement that the license does not consider associated rights such as Moral, Model, Property or Privacy Rights. [See: Job Aids – Moral Rights and Additional Rights Holders.]

    Questions?

    Refer to the Intellectual Property Centre of Excellence (IPCOE) or contact the IPCOE by e-mail at: NC-ASSETS-IP-POLICY-POLITIQUES-BIENS-PI-GD.