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Copying Right August, 2017 PEOPLE MAKE IT HAPPEN Copying Right Some rights reserved by Horia Varlan 5.4 Using Canadian Scholars Press Inc. .... 15 Table of Contents 5.5 Making Multiple Copies for Free Copying Right: What does that mean for me? Distribution ................................................... 16 3 5.6 Distribution & Alternate Formats ........... 17 1.1 Who should use this guide? ................. 3 5.7 Email ................................................... 17 1.2 WHY should YOU use this guide? ......... 3 5.8 Internet .............................................. 17 1.3 What is Canada's copyright law? .......... 3 5.9 Making Alternate Formats from Print Permissions ................................................. 4 Materials ....................................................... 17 2.1 Permission granted for Educational 5.10 Re:Sound ........................................ 18 Institutions: Video/DVD/Blue Ray ................... 4 How does this affect the college? ................ 18 2.2 Internet Rules: ...................................... 4 5.11 Other Options Copyright cues ........ 18 2.3 Copyright notice and notice regime to 5.12 Other Copyright Resources ............ 19 come into force ............................................... 5 5.13 Print resources ............................... 20 2.4 Permissions from Library Databases .... 5 6 Appendix ................................................... 21 2.5 Ask for permission directly from 6.1 FAQ’s .................................................. 21 Copyright owner ............................................. 6 6.2 Crown Copyright and Licensing .................. 27 A. Process for seeking permission ......... 6 Departmental contact points for Crown 2.6 Televisions & News Shows ................... 7 Copyright and Licensing ............................... 27 “Copy Left” (AKA no permission needed) ... 8 6.3 Copyright and Fair Dealing Policy ..... Error! 3.1 Public Domain and other sources ......... 8 Bookmark not defined. Check out these resources: .................. 8 6.4 EXAMPLE FORMS: ................................... 33 A. Free sites for ‘educational use’ ........ 8 B. Books ................................................. 8 C. Educational Materials ....................... 8 D. Films/Video ....................................... 9 E. Images/Photographs ......................... 9 F. Music ................................................. 9 3.2 Permission may be granted already: Institutional Permission List .......................... 10 At A Glance ................................................ 10 The Details ................................................ 11 5.1 Fair Dealing and why it was expanded …………………………………………………………11 5.2 A short excerpt in Fair Dealing terms: 13 5.2 Course Packs & Multiple Single Copies …………………………………………………………14 5.3 Using the College Print Shop .............. 14 B. College Print Shop: Course Pack Checklist .................................................... 14 1.2 WHY should YOU use this Copying Right: guide? What does that You must familiarize yourself with college mean for me? policy and regulations You have an ethical and legal obligation to respect copyright. Every day, college instructors, staff and students make thousands of photocopies. Books, journal You need to protect yourself and the college articles, speeches, sections from plays — they're against legal action that could be taken against all being copied. The copies help students learn, you by copyright holders or their agents for assist instructors in their teaching and research, infringing copyright under the terms of the and facilitate the smooth running of the college. Copyright Modernization Act. But is that copy you're making legal? The answer lies in the rules in the Copyright Act, in Fair Dealing and in individual or college wide 1.3 What is Canada's copyright permissions brokered with authors and law? publishers. This document will help guide you through the law and processes so that you can be sure you are Canada's Copyright Act, originally enacted in copying right. 1924, is complex. It was revised in 2012. (As of this revision, it is under review). The current revisions include: A large range of uses for copyrighted material by teachers, students and schools, as their pursuits promote the broader public good. In light of this contribution, the Copyright Act already recognizes certain uses by educational institutions that are permitted, in many cases, without payment to the copyright holder. An important aspect of these changes is the addition of education as a purpose under Some rights reserved by MusesTouch - digiArt & design Canada's fair dealing provisions. Fair dealing is not a blank cheque. It is a long standing feature of our copyright laws that permits individuals 1.1 Who should use this guide? and businesses to make certain uses of copyrighted material in ways that do not unduly ALL members of the college community threaten the interests of copyright owners, but including students, faculty and staff of ALL which could have significant social benefits — Assiniboine Community College campuses, who but only if they are fair. Extending this provision are making copies, and alternate format copies. to education will reduce administrative and This also includes sending copies electronically financial costs for users of copyrighted materials or those who are authorizing others to make or that enrich the educational environment. send such copies. The law also creates a new exception allowing educational institutions to record a news program or a news commentary program for later on the premises of the educational institution viewing by the students. for education or training purposes and must be shown to an audience that is composed mainly As with all exceptions in the Bill, these activities of students of the institution. are subject to clear common-sense rules to respect the interests of right holders, such as 2.2 Internet Rules: limitations on how long digital copies can be kept. These kinds of safeguards are an essential part of the balance between enabling uses and respecting the legitimate interests of copyright AS OF NOVEMBER 7, 2012 PUBLICALLY owners, and to maintain conformity with AVAILABLE INTERNET MATERIALS ARE AVAILABLE Canada's international obligations. FOR EDUCATION USE AS LONG AS THERE IS NO INFORMATION TO THE CONTRARY. Permissions THE INFORMATION IS AVAILABLE FOR EDUCATORS USE UNLESS THE WEBSITE DECLARES 2.1 Permission granted for THAT THEIR INFORMATION IS NOT FOR USE TO Educational Institutions: EDUCATIONAL INSTITUTIONS. Video/DVD/Blue Ray Note: you must cite your sources on the documents or within the online documents. In recent years, printed material that used to be purchased in quantity often has been reproduced with photocopiers, depriving the publisher and author of any incentive to offer more material. Single copies of audio, video, or still images have been burned onto CDs, posted to the Web and transmitted around the world. In Canada, fair dealing as defined by the Copyright Act has changed, especially in regards While the distribution medium has changed, the to education and teaching. Section 29.5: principle of copyright has not. Authors and EDUCATIONAL EXCEPTIONS publishers have web sites with interactive permission forms, order forms, and contact information. Even when a work is offered to the The performance in public of a cinematographic public without charge and without obligation to work is not an infringement of copyright, as long contact or notify the author, the author retains a as the work is a legal copy or the person moral right not to have the work defaced, taken responsible for the performance has no out of context, or used to sell a product or reasonable grounds to believe that it is not a service. Many authors want to know, before legal copy. For example, in the United States, they give permission for the reprinting of their showing films or videos in a classroom without work what other material is accompanying their special permission or performance rights is work, or how it may be used. permitted, now that the copyright act is passed into law, this is the case in Canada as well. To find information about copyright restrictions of websites look at the home page notices under A new amendment in the Copyright Act allows a Copyright, Legal Notices, About Us, Permissions, movie to be shown in class, providing that it is a Rights, Terms and Conditions, etc. before legally obtained copy. The work must be shown copying, modifying, adapting, distributing or c) The claimant’s interest with respect to the using content. If the site does not specifically work or subject matter being infringed (e.g., if the declare that the content cannot be used for claimant is the owner, author, or licensee); educational purposes, then you are free to use it. d) The electronic location (e.g., website address) where the infringement is taking place; and 2.3 Copyright notice and notice regime to e) The date and time of the infringement. come into force An intermediary who fails to comply with the (Used with permission of Stéphane Caron, Kevin Notice and Notice scheme could be ordered to Sartorio & Julia Werneburg, Gowlings pay damages of $5,000 to $10,000. Further, if a International) search engine receives a notice of claimed The Government of Canada has announced that infringement after the infringing work or subject the “Notice and Notice” regime established by Bill matter has been taken down from the original C-11, “An Act to Amend
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