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 electronic and printed formats and editions.
The Copyright Statement and Permissions of Use and to Quote found here on this webpage and site are current and in force, and they supersede the copyright and permission notices as they appear on the Copyright Page of each format and edition of every Smart Publishing Ltd. publication.
GLOBAL COPYRIGHT STATEMENT
All Rights Reserved. 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, by any means, for any reason or purpose.
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 - http://www.laws-lois.justice.gc.ca/eng/acts/C-42/
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.
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 education, research, private study, parody, satire, criticism, review, and news reporting.
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 (research, private study, education, parody, satire, criticism or review and news reporting), 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  decision, the Supreme Court 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:
- Are you just copying, or are you creating something new?
- Will your use of the work compete with the source?
- Would I consider the dealing fair if I were the author of the work, or the copyright owner?
All material used according to Fair Dealing best practices must be reproduced accurately, and acknowledged as The Red Letter Gospel © 2017 by Smart Publishing Ltd. or The Synoptic Gospel © 2009 by Smart Publishing Ltd. when quoting only the fifth column text, or as FIVE COLUMN © 2009 by Smart Publishing Ltd. for the reproduction of any part of the four Gospel harmony.
In exception to the stated full reservation of all 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 setting, limited general and specific permissions of use are granted for each format of each Smart Publishing Ltd. publications.
To view the Permissions of Use and To Quote click here, select a Publication: