Copyright & Citation

This page contains important information on copyright for the materials in the The New Brunswick Literature Curriculum in English. For a downloadable PDF version of this page, click here.

Copyright: Primary Sources

 

Considerable effort has been made to acquire permission to use the primary sources (poems, stories, and other forms of literature) that appear in the New Brunswick Literature Curriculum in English (NBLCE). In instances where the primary source is still under copyright, the author or, if the author is deceased, the literary executor has granted permission. In instances where copyright has run out or material exists in the public domain – normally fifty years after publication and fifty years after the author's death – the creators of the NBLCE adopted the “fair dealing” guidelines of the Canadian Copyright Act.

 

The intent of the creators of the NBLCE is that the curriculum be used solely for research, study (education), and literary criticism or review. The curriculum was given free of charge to the New Brunswick Department of Education and Early Childhood Development in 2017. In constructing this provincial educational resource, the creators of the NBLCE were not under contract with any government agency or department, nor did they sell or publish any of the material in the curriculum for commercial or professional purposes. The creators undertook this work solely to benefit the province of New Brunswick and to offer their critical expertise to an important provincial government department at a time when a “Ten-Year Provincial Education Plan” was in preparation. Their design and use intent was “fair dealing” in all matters of copyright.

 

Students, scholars, and teachers are permitted – and indeed encouraged – to use the NBLCE for the purpose of study, scholarship, and personal interest. However, under no circumstance may literary material currently under copyright be reproduced, distributed, stored, or transmitted without the permission of copyright holders. The creators of the NBLCE use the language below to ensure that “fair dealing” is restricted to educational, research, and critical/review purposes (the language appears at the end of each Author Page):

 

We gratefully acknowledge the generosity of [author/executor] for allowing us to use [the author’s] work for this curriculum. Further use or distribution of this work, however, is a violation of Canadian copyright law and is strictly prohibited. Under no circumstance may literary material used in the curriculum be reproduced, distributed, or stored without the permission of the copyright holder.

 

In instances where copyright has run out and/or material exists in the public domain – see above for clarification – the creators alerted users that Canadian copyright law differs from copyright laws in other countries, and that primary materials may still be under copyright in some countries. Readers outside Canada must comply with the respective copyright laws of the country in which they live.

 

At the time of the development and release of the NBLCE, Canada was reviewing its copyright legislation (“Five-Year Review Mechanism of the Copyright Act”).

 

For guidelines on How to Cite the primary material in the NBLCE, see below (“How to Cite: Primary Sources”).

 

Copyright: Secondary Sources

 

All contents in the NBLCE, except for primary sources (poetry, fiction, and other forms of literature), are copyright © Tony Tremblay, James W. Johnson, and Alexandra Cogswell. Those secondary contents include all commentaries, criticisms, analyses, reflections, contextual and background information, biographies, pedagogic strategies, and bibliographies in Modules, Author Pages, and Supplementary Addenda.

 

For guidelines on How to Cite the secondary material in the NBLCE, see below (“How to Cite: Secondary Sources”).

 

Copyright: Digital Formats

 

Because the NBLCE is presented in both paper and digital formats, information about digital formats is necessary. In a number of Supreme Count of Canada decisions referencing the Canadian Copyright Act (those decisions summarized in the Canadian Association of University Teachers’ “Intellectual Property Bulletin” [December 2008]), provision is made for “Fair Dealing in Digital Works.” Specifically, “fair dealing must apply equally to works in paper and digital formats” (CAUT 6). Creators of the NBLCE make no distinction between paper and digital formats. Not only is the content of each format the same, but so are the expectations of use: namely, that the curriculum, in both paper and digital formats, was designed and is to be used solely for research, study (education), and literary criticism or review.

 

How to Cite: Primary Sources

 

Citation of primary sources (poetry, fiction, and other forms of literature) must follow the “fair dealing” guidelines detailed above. That is, be for the purposes of research, study (education), and literary criticism or review. Use should include appropriate citations.

 

At the end of each Author Page (under Copyright) is the source for each poem, story, or other form of literature used in that section. Users are encouraged to go to those sources first when citing primary material. If it is not possible to go to those sources (the books from which primary material comes), the following citation of primary source material in the NBLCE is suggested (the citation is an example of how a researcher should cite the primary literature in the Author Page for Wayne Curtis):

 

Curtis, Wayne. “The Game.” In Tremblay, Tony, James W. Johnson, and Alexandra Cogswell. New Brunswick Literature Curriculum in English. Fredericton, NB: St. Thomas University, 2017.

 

How to Cite: Secondary Sources

 

Citation of secondary sources (all the content except the primary sources [literature] in the NBLCE) must also follow the “fair dealing” guidelines detailed above. That is, be for the purposes of research, study (education), and literary criticism or review. Use should include appropriate citations.

 

The following citation of secondary source material in Author Pages of the NBLCE is suggested (the citation is an example of how a researcher should cite the secondary criticism in the Author Page for Rose Deprés):

 

Tremblay, Tony, James W. Johnson, and Alexandra Cogswell. “Rose Deprés.” New Brunswick Literature Curriculum in English. Fredericton, NB: St. Thomas University, 2017.

 

The following citation of secondary source material in Module Pages of the NBLCE is suggested (the citation is an example of how a researcher should cite the secondary criticism in the Module Page for “The Acadian Renaissance,” the module within which Rose Deprés’ work appears):

 

Tremblay, Tony, James W. Johnson, and Alexandra Cogswell. “The Acadian Renaissance: Background and Context.” New Brunswick Literature Curriculum in English. Fredericton: St. Thomas University, 2017.