3. Types of Materials Covered by This Policy 6

Copyright Compliance Policy

Updated: November 19, 2010 Table of Contents

Prepared by: Laura Knapp 1. PURPOSE 3

2. WHAT IS COPYRIGHT? 4

3. TYPES OF MATERIALS COVERED BY THIS POLICY 6

4. HOW TO OBTAIN PERMISSION 7

5. FAQS 8

6. CONTACT PERSONS 10

7. UPDATING THIS POLICY 11

8. RESOURCES FOR FURTHER INFORMATION 12

2 1. Purpose

These policies and procedures have been established in order to : • Ensure compliance by all staff of the Ontario Securities Commission with the Copyright Act of Canada, R.S. 1985, c. C-42 • Provide guidance for staff members on use of copyright materials in consistent and compliant way • Reduce business and legal risk • Ensure ethical, legal and responsible use of content with the OSC  Increase the copyright knowledge of staff members and provide them with confidence in applying copyright law in their day to day work

This policy is not intended to act as a substitute for legal advice. Proper legal advice should be obtained when necessary. 2. What is copyright? Copyright is one part of the broader area of Intellectual Property law. Copyright law is the means by which creators of work control the use of their works and are rewarded for their creative efforts. The Supreme Court of Canada has stated that “the purpose of copyright law was to balance the public interest in promoting the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator”

1. What is protected by copyright: Copyright law applies to :  Literary works  Dramatic works  Musical works  Artistic works  Sound recordings  Performers’ performances  Communication signals

2. Duration of copyright Most of the items used within the Commission will fall into literary works. The general rule is that copyright lasts for the life of the author of the work plus an additional 50 years. Crown works are protected for 50 years from the first publication.

3. Who owns copyright? The author of the work is the first owner of the copyright. If the work is created in the course of employment, copyright is owned by the employer (in the absence of any agreement to the contrary).

3 4. What about electronic resources? Electronic documents are covered by the same principles as printed documents. Many of these items in our collection are covered by licensing agreements. For a list of the agreements in place and the permitted use, please see (link to a spreadsheet with the agreements).

5. What are the impacts of international copyright law? Canada has signed treaties with most countries entitling copyright owners protection under the Canadian Copyright Act.

6. What is fair dealing? Fair dealing allows users to make use of copyright materials for private study or research, criticism, review or news reporting as long as your use does not harm the economic interests of the copyright owner. Consideration of the amount of the work being copied, what you will do with it and the nature of the work are all part of evaluating fair dealing.

Items distributed “just for internal use” are not covered by fair dealing.

7. What are users’ rights? Users’ rights are generally limited by fair dealing.

7. Are there exceptions or do we have a license that permits usage? Exceptions are made for specific user groups such as schools and public libraries. For a list of the agreements in place and the permitted use, please see (link to a spreadsheet with the agreements).

8. Resources Canada’s Copyright Act – http://law/justice.gc.ca/en/C-42/index.html Canadian Intellectual Property Office – www.cipo.gc.ca

Print resources: Lesley Ellen Harris, Canadian Copyright Law, 3rd ed. (Toronto: McGraw-Hill Ryerson, 2000)

4 3. Types of materials covered by this policy Types of materials covered by this policy include but are not limited to: • Books (electronic and paper) • Newspapers (electronic and paper) • Journals and articles (electronic and paper) • Electronic databases • Government reports • Annual reports • Photographs • Microfiche • PowerPoint presentations • Websites • Audio visual materials • Educational materials

4. How to obtain permission

When you wish to re-use, copy, redistribute or publish material that you did not create, please consider the following questions. If you answer YES to any of these, you may need to obtain copyright permission before using the work.

1.Are you using a work that is protected? Facts and ideas are not protected but words used to express them are. 2. Is the item still protected by copyright or is it in the public domain? Generally, copyright lasts for the life of the author of the work plus an additional 50 years. Crown works are protected for 50 years from the first publication. 3. Are you using a substantial portion of the work? Generally, very small uses of the work like quotes do not require permission. 4. Does your proposed use infringe copyright? Reproducing, publishing or adapting a work are copyright uses.

If you must obtain permission, the Library can help with this. Please note that it can take up to 6 weeks to receive permission so please allow sufficient time for the request. We will need the following information from you:

1)title of the source for the material 2)creator/author of the item 3)a description of the item you wish to reproduce (eg. Chapter 20) 4)the page number(s) of the item

5 5)the year of publication 6)the purpose for which you wish to reproduce the item 7)how the item is to be reproduced 8)where the item will appear

Please use the Standard Permissions Form to start the process. (in process of being developed) 5. FAQs 1. What is copyright? Are there consequences to infringement? Copyright is one part of the broader area of Intellectual Property law. Copyright law is the means by which creators of work control the use of their works and are rewarded for their creative efforts. The Supreme Court of Canada has stated that “the purpose of copyright law was to balance the public interest in promoting the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator”.

2. What is fair use/dealing? Fair dealing allows users to make use of copyright materials for private study or research, criticism, review or news reporting as long as your use does not harm the economic interests of the copyright owner. Consideration of the amount of the work being copied, what you will do with it and the nature of the work are all part of evaluating fair dealing.

Items distributed “just for internal use” are not covered by fair dealing.

3. May I print or email something that I’ve found on website? Yes, as long as the copy is for your own use. You may also give or email that article to another person, provided you do not keep a copy for yourself.

4. Do I need to get permission to quote a few lines from a source? No. Permission is not needed for occasionally quoting a small portion of something as long as proper attribution is made to the source.

5. Can I share my password to a licensed database? No, generally passwords are for individual authorized use only and cannot be shared. There are a few exceptions to this such as our Comperio agreement that allows for such sharing. If you are unsure, please consult with the Library and we will confirm our licensing agreement for that product.

6. Can I summarize an article and the share this? No. Summarizing a work means making a derivative work of the copyrighted material, which is not permitted.

6 7. What can I do with an electronic product? If you are an authorized user, you may:  View the information on screen  Download small portions of the database/publication  Print copies for individual or personal use  Make one archival print copy of the material With proper attributions to the source, you may also :  Quote small portions of the information or data  Occassionaly, reproduce limited quantities of the information or data for internal distribution

8. Can I send an article (either in print or electronically) to my colleagues as an FYI? Can I send a link to the website? Yes, if you do keep a copy for yourself. Sending a link to the resource the preferred methodology for sharing. If the recipient does not have a password to the resource, you may not share yours.

9. How do I get permission to reproduce an article? The Library will help you with this. Please fill out this form and we’ll take care of it from there. It can often take up to 6 weeks to obtain permission so please allow sufficient time. 6. Contact Persons Laura Knapp Jacquie Fex Amelita Furigay Min Ganaha 7. Updating this policy As legislation changes or new decisions from the Courts become available, this policy will be reviewed to ensure it meets it’s objectives. An annual review will take place regardless of changes to legislation or court decisions.

7 8. Resources for Further Information 1. Michael Geist’s blog (www.michaelgeist.ca). Very helpful in terms of keeping up to date with current copyright issues, case law and the government’s plans. 2. Laura J. Murray and Samuel E. Trosow, Canadian Copyright: A Citizen’s Guide (Toronto: Between the Lines, 2007). Covers topics such as digital rights management and users rights that are harder to find information on. 3. Lesley Ellen Harris, Canadian Copyright Law, 3rd ed. (Toronto: McGraw-Hill Ryerson, 2000). The coverage on digital media and international agreements is good. 4. Balanced Copyright (http://www.ic.gc.ca/eic/site/crp-prda.nsf/eng/home). It is always good to get the information right from the source. 5. Canadian Library Association (http://www.cla.ca/AM/Template.cfm? Section=Copyright_Information&Template=/CM/HTMLDisplay.cfm&Conten tID=10317) Includes a copyright advocacy kit, links to statements and press releases – helpful to further understand the issue.