COPYRIGHT INFORMATION

Smart Publishing Ltd. is a Canadian company incorporated in the Province of British Columbia, since 2005.
Smart Publishing Ltd. is the legal owner and holder of the Copyright associated with each of its publications, in all of their various printed formats and electronic editions.

The Copyright Statement With Permissions of Use and to Quote that are displayed on this website are current and in force, and they supersede the Copyright and Permission of Use and To Quote notices as they appear on the Copyright Page of each format of every previous edition of all Smart Publishing Ltd. electronic and printed publications.

column top

COPYRIGHT - DEFINED

Copyright is a form of intellectual property expressed as a legal right conferred to the creator of an original work regarding the use and distribution of the work.

For the purposes of the Copyright Act of Canada, “copyright” in relation to a work means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, and to perform the work or any substantial part thereof in public. <Section 3 (1)>

For more information see:  Copyright Act of Canada   -  laws-lois.justice.gc.ca/eng/acts/C-42/

column top

GLOBAL COPYRIGHT STATEMENT

All Rights Reserved Worldwide.  Smart Publishing Ltd. reserves all of its rights in regards to its various publications, in all countries worldwide. This means that beyond "Fair Dealing" (defined below) no part of any of its publications may be quoted, copied or otherwise reproduced or transmitted in any form, for any reason or purpose, with the exception of specific Permissions of Use and to Quote as defined for each publication.

column top

FAIR DEALING

As Smart Publishing Ltd. is a Canadian company, its publications are subject to the Canadian legal definition of “Fair Dealing”, which defined below, is similar to, but not exactly the same as the term “Fair Use”, which is used in the United States, and elsewhere.

Definition:
As a statutory exception to copyright infringement, "Fair dealing" offers some exceptions to the Copyright Act's general prohibition on copying by allowing limited and non-commercial copying for the purposes of private study, education, research, review, news reporting, criticism, parody and satire.

Fair dealing is a defence, with the burden of proof upon the defendant.  To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada (private study, education, research, review, news reporting, criticism, parody and satire), and the dealing must be fair.  Educational institutions, libraries, museums and archives have additional provisions (s.29.4 to 30.4).

While proper acknowledgement must always be given to the author or to the copyright holder of any copied or reproduced work, this alone does not allow for a work to be copied or reproduced.

Although proportionality is important in considering if use of a work is fair dealing, the amount of the work that can be copied, and what is considered "fair", is not directly defined within the Copyright Act, although guidelines are available in the Substantial/Insubstantial and Fair Dealing sections.

In addition to the amount of the work that is used, the purpose of the use, and other available alternatives, have to be considered, and must outweigh the effect of the dealing on the work.  In the CCH Canadian Ltd. v. Law Society of Upper Canada [2004] decision, the Supreme Court of Canada proposed the following criteria for evaluating whether a dealing is fair:

  • the purpose of the dealing
  • the character of the dealing
  • the amount of the dealing  (the more you use, the less fair the dealing is likely to be)
  • the nature of the work
  • available alternatives to the dealing
  • the effect of the dealing on the work

The following should be considered when deciding if the use of an author’s work is fair dealing:

  1.   Are you just copying, or are you creating something new?
  2.   Will your use of the work compete with the source?
  3.   Would I consider the dealing fair if I were the author of the work, or the copyright owner?

Click here to see the “Fair Dealing” section of the Canadian Copyright Act.

All material used according to Fair Dealing best practices must be reproduced accurately, and acknowledged as The Synoptic Gospel © 2009 by Smart Publishing Ltd.,  or as The Red Letter Gospel © 2017 by Smart Publishing Ltd., when quoting only the Fifth Column unified text, or as FIVE COLUMN © 2009 by Smart Publishing Ltd. for the reproduction of any part of the Four Gospel Harmony or other included materials.

column top

Permissions of Use and To Quote

In exception to the stated full reservation of all publisher and ownership rights listed above, so that the Verses of the Gospel of Jesus Christ may be used for educational and spiritual purposes as in a church or educational setting, limited general and specific Permissions of Use and To Quote are granted for each format of each Smart Publishing Ltd. publication.

View the FIVE COLUMN: Permissions of Use and To Quote.