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Scope
Historical Highlights 
What Does Copyright Mean?
If in Doubt
What is AccessCopyright?
AccessCopyright Licence
Copying Limits 
What, When and How of Copying
A. Single Printed Copies from a Printed Source Document 
B. Multiple Copies for Free Distribution and Multiple Copies for Sale 
C. Creating Slides or Overheads from a Printed Source Document for                           
    Presentation Purposes
D. Course Packs
Requesting Copyright Permission
Audiovisual Resources 
What are Public Performance Rights and why do we need them? 
A. Video and Motion Pictures
Duplicating: 
Clips and Compilations: 
Format Transfers: 
B. Audiocassettes 
C. Music
D. Graphics and Original Artwork
E. Taping of Broadcast Television 
Electronic Sources and Storage (including the Internet and Web Pages)
Miscellaneous 
Students' Work
Who to Call if you have questions?
Notes 
Internet Sites on Copyright 

Acknowledgements: Thanks to Kwantlen University College for permission to use this guide. They in turn acknowledge the use of the BCIT and Langara Copyright guides as resources when creating this guide. Thank you all.

 

Copyright: Questions and (some) Answers

Scope
This guide for students, faculty and staff has been prepared to provide an
overview of copyright at Northern Lights College and to answer some commonly asked questions regarding the complex and changing world of copyright. Northern Lights College and its employees are obliged to adhere to copying restrictions and to the terms of the agreement between NLC and AccessCopyright. If you have any questions beyond the scope of this guide or if you are unsure of whether you can legally copy or not, there arecontact numbers here at NLC at the end of this guide and also some addresses of copyright Web sites.

Historical Highlights
The Copyright Act affirms the basic rights of the creator and provides penalties for violating these rights. This Act can be found in the Statutes of Canada,
accessible through the Library Home Page, government sites section. The
Copyright Act was originally passed in 1924 and was based on the U.K.
Copyright Act of 1911. Phase I (Bill C-60, the Act to Amend the Copyright Act)
received royal assent June 8, 1988. It included protection for computer software,
established a new Copyright Board and set up the framework for copyright
collectives. Phase II, An Act to amend the Copyright Act (Bill C-32) was given
Royal Assent on April 25, 1997 and provides exceptions to certain user groups
such as educational institutions, libraries, archives and museums. Changes also
included rights to provide royalties to producers and performers of sound
recordings, a levy on recordable blank cassettes and tapes and provisions to
give exclusive distributors of books in Canada greater protection in the Canadian market. In June 2001, Industry Canada and Canadian Heritage released A
Framework for Copyright Reform, a process for reforming Canadian Copyright
legislation that will include review of the Act, consultation and legislative
amendments where necessary. The first step in the process is the release of two
discussion papers for public consultation: Consultation Paper on Digital
Copyright Issues, which examines issues such as a new exclusive right in favor
of copyright owners, including performers and record producers, to make their
works available on-line to the public; prevention of the circumvention of
technologies used to protect copyright material, and liability issues for Internet
Service Providers, and Consultation Paper on the Application of the Copyright
Act's Compulsory Retransmission Licence to the Internet, which examines the
issue of whether a compulsory licence should apply to retransmission of
broadcast programs over the Internet.

What Does Copyright Mean?
Copyright is the sole right to reproduce or allow others to reproduce a literary or
artistic work or any substantial portion of it for any purpose. Under copyright law, no one may make a copy of a substantial part of a work without the consent of the copyright owner, even for educational purposes. Included in 'making a copy' are photocopies, mimeographs, offset prints and also the reproduction of a work in an information storage or retrieval system. Scanning a print document is considered the same as photocopying. Copyright applies to all original literary, dramatic, musical, and artistic works and includes books, writings, musical works, sculptures, painting, photographs, motion picture films, dictionaries, encyclopedias and computer programs. Copyright also applies to records, cassettes, tapes and compact discs. Slogans, names and mere titles are not protected by copyright. Copyright begins immediately upon creation rather than upon publication.

The creator owns the copyright on his or her work unless he or she is employed
by some other person, company, or educational institution to create the work. In
such cases the employer is the owner. Consultants retain ownership of their
works, unless stated otherwise in their work contract. Copyright law is
international. When a work is protected in Canada, it is also protected in more
than 100 countries. Copyright lasts for the life of the author plus at least 50
years. After that time the work generally falls into the public domain and may
possibly be copied without permission. However, if a work that was originally
published more than 50 years ago is reproduced from a source published within
the last 50 years, copyright clearance must be obtained from that publisher.
Under Copyright Law, there are stiff penalties for copyright infringement,
including substantial fines and even criminal prosecution.

If in Doubt

Assume that any item is copyrighted and therefore its use is restricted.
When in doubt it is safer to assume that you need to secure written permission
from the copyright holder prior to copying or reusing in any manner.

There is a provision called "Fair Dealing" in the Copyright Act that allows copying of published materials without permission for the purpose of research or scientific study. However, the line between 'fair dealing' and infringement is difficult to define as there are no guidelines as to the number of words or passages that can be used without permission from the author. Only the courts can rule whether fair dealing is involved and there have been noteworthy court cases including one where "frankly my dear I don' t give a damn" - 8 words out of an entire movie - was judged infringement.

At Northern Lights College, copyright clearances of published print material have been simplified by our agreement with AccessCopyright.

What is AccessCopyright?

AccessCopyright, the Canadian Copyright Licensing Agency, is a non-profit organization that represents the reproduction rights of Canadian creators and publishers. Through licensing agreements, it provides legal access to published works for copyright users in the non-profit, business and public sectors, including educational institutions and libraries. For an annual fee, in our case paid for by NLC Library, a AccessCopyright licence provides advance permission for a large portion of copying, and pays royalties to copyright owners on behalf of licensees.
AccessCopyright licensing simplifies copyright clearance and reduces the number of times an institution has to contact individual copyright owners for permission to copy their published works. The licence contains a comprehensive indemnity that protects members of the NLC community to a significant degree from liability for copying that falls within the parameters of the licence. NLC has had a licence with AccessCopyright since 1995.
A copy of the AccessCopyright licensing agreement is kept on Reserve at each Campus Library.

AccessCopyright Licence
The purpose of the licence is to facilitate access, not to act as a substitute for the
purchase of books and other published materials. The licence does not permit
repeated, systematic and cumulative copying from the same published work
(copying that would eventually result in a majority of the work being copied).

What type of material does the AccessCopyright Licence cover?

What type of material does the AccessCopyright licence NOT cover?

Books, folios, magazines, journals and newspapers Copying onto slides, microfiche, transparencies and into alternate formats1 for the visually impaired, subject to specific provisions laid out in the AccessCopyright agreement.         1Alternate format does not include large print

Works for which our institution holds the copyright Government publications* Original artistic works Photographic negatives Instruction manuals Newsletters Letters to the editor Advertisements Most print music Workbooks and other consumables Copying into a computer for storage,networking or copying Copying of any publications that are on the exclusions list of publishers and titles not represented by AccessCopyright. These exclusions can be found in the AccessCopyright licence. Items in the public domain* Non-print media Digital material

*Note: For more information about copyright and government publications and for a definition of public domain, see the Notes section at the end of the guide.

Copying Limits
Even when the type of material is covered by the AccessCopyright licence, there are
limits on the amount of a work that may be copied.

Type of Copying	Limits
Incidental Copying: (Covers copies made for library reserve and interlibrary loan and last minute copies for classroom distribution)	Up to 10% of a publication or an entire essay, poem, article or short story may be copied, whichever is greater. A chapter which is 20% or less of a book may be copied
Copying for Sale:	No more than 15%, with some special restrictions on textbooks.
Copying From Textbooks for Course Packs	Extracts from textbooks, when included in course packs, can be no greater than 5% of the textbook, or a single chapter, whichever is less. No more than 2 extracts from a textbook written by the same author and published by the same publisher within any five year period can be included. No more than 50% of the pages in the course pack can be taken from textbooks. What is considered a textbook? The above limits apply to textbooks published for the university and college market only. They do not apply to other kinds of publications such as scholarly books. The definition of a textbook can be a murky area so please consult the College Copyright Officer.

What, When and How of Copying

A. Single Printed Copies from a Printed Source Document

You can make a single copy without permission if: The copy is for research, private study, criticism, review, or news reporting AND The copy is no more than 10% of a published work, OR You are copying: An entire article from a periodical An entire article from a set of conference proceedings An entire article from a book containing other works An entire chapter, if it is not more than 20% of the book An entire newspaper article or page An entire entry from an encyclopedia or similar reference work A single item of print music from a book or periodical containing other kinds of work

You CANNOT copy without permission if any of the following apply: The work is unpublished (i.e. copies have not been made available to the general public) OR You have previously copied 10% or more of the same publication for the same course or program during the same academic year OR You have changed the work in any way* OR The work is an original of an artistic work, e.g. a pencil drawing*

* See the Notes section for further explanation.

B. Multiple Copies for Free Distribution and Multiple Copies for Sale

You can make multiple copies for free distribution or multiple copies for sale without permission if: The copies are for the use of students, faculty or staff of NLC, AND You make only enough copies to provide one for each student, two for each faculty member and such numbers as are required by the Institution for administrative uses, AND You are copying no more than 10% of a published work (in the case of multiple copies for free distribution) OR You are copying no more than 15% of a published work (in the case of multiple copies for sale) OR, (whether the copying is for free distribution or for sale) You are copying: An entire article from a periodical issue containing other works An entire single essay, short story, play, or poem from a book or periodical containing other works An entire article from a set of conference proceedings An entire article from a book containing other works An entire chapter, if it is not more than 20% of the book An entire newspaper article or page An entire entry from an encyclopedia or similar reference work A single item of print music from a book or periodical containing other kinds of work An entire reproduction of an artistic work from a book or periodical issue containing other works **Note: The rule when copying the above is 'whichever is greater'. For example you can copy 10% of a published work when making multiple copies for free distribution, or an entire article from a periodical, whichever is the greater. You can copy 15% of a published work when making multiple copies for sale or an entire short story from a book, whichever is the greater.

You cannot make multiple copies for free distribution or multiple copies for sale without permission if any of the following apply: The work is a crown publication (some exceptions for federal statutes apply). The work contains a notice expressly prohibiting copying under licence with a Reproduction Rights Organization such as AccessCopyright The work is unpublished (i.e. copies have not been made available to the general public). The work is available as a separate publication and can be obtained at a reasonable price and within a reasonable period of time. You have previously copied 10% (in the case of copies for free distribution) or 15% (in the case of copies for sale) or more of the same publication for the same course or program during the same academic year The work is an original of an artistic work (e.g. a pencil drawing)  You have changed the work in any way.  You have collected excerpts from more than one publication and you plan to copy these and distribute them as a collection (Refer to Course Packs) You intend to use the work in association with an endorsement The work is published in a country that is NOT covered by the AccessCopyright agreement. (These exclusions can be found in the AccessCopyright Licence). The work is published by a publisher NOT covered by the AccessCopyright agreement. (These exclusions can be found in the AccessCopyright licence). The work is one of the following UNLESS it contains a notice specifically authorizing copying under licence with AccessCopyright:  An instructional manual, including teachers' guides A 'consumable' such as workbooks and tests Print music for use by choirs, bands, and similar groups A letter to the editor in a newspaper, magazine or periodical An advertisement in a newspaper, magazine or periodical A newsletter restricted to feepaying clients, which contains commercially valuable information Business cases which are available for purchase

C. Creating Slides or Overheads from a Printed Source Document for Presentation Purposes

You can make slides/transparencies without permission if: The slides/transparencies are for the students, faculty, or administrative staff of NLC, AND You are making only one (1) set of slides/transparencies from the same printed material, AND You are copying no more than 10% of a published work, OR The work is one of the following: An entire article from a periodical issue containing other works An entire article from a set of conference proceedings An entire single essay, short story, play, or poem from a book or periodical issue containing other works An entire article from a book containing other works An entire chapter, if it is not more than 20% of the book An entire newspaper article or page An entire entry from an encyclopedia or similar reference work A single item of print music from a book or periodical containing other kinds of works An entire reproduction of an artistic work from a book or periodical issue containing other works The 'whichever is greater than' rule described under "Multiple copies" also applies to the making of slides/ transparencies.

You cannot make slides/transparencies without permission if: The work you are planning to copy is an artistic work reproduced in a book or periodical and a slide/ transparency of the work can be obtained on the Canadian market within a reasonable time and for a reasonable price The work is a crown publication (some exceptions for federal statutes apply)  The publication contains a notice expressly prohibiting copying under licence with a Reproduction Rights Organization such as AccessCopyright The work is unpublished (i.e. copies have not been made available to the general public). The work is an original of an artistic work (e.g. a pencil drawing) You have previously copied 10% or more of the same publication for the same course or program during the same academic year You have changed the work you plan to copy to a slide/ transparency in a significant way. You intend to use the slide/ transparency in association with an endorsement or advertisement You intend to use the  slide/ transparency in association with partisan political activities The work is published in a country that is NOT covered by the AccessCopyright agreement. (These exclusions can be found in the AccessCopyright Licence). The work is published by a  publisher NOT covered by the AccessCopyright agreement. (These exclusions can be found in the AccessCopyright licence). The work is one of the following UNLESS it contains a notice specifically authorizing copying under licence with AccessCopyright or an affiliated reproduction rights organization: An instruction manual, including teachers' guides A 'consumable' such as a workbook or test Print music for use by choirs, bands, and similar groups A letter to the editor in a newspaper, magazine or periodical An advertisement in a newspaper, magazine or periodical  Business cases that are available for purchase A newsletter restricted to fee-paying clients, that contains commercially valuable information

D. Course Packs

You can copy without permission if: You have collected excerpts from more than one publication and you plan to copy these and distribute them as a collection, AND The copies are for the use of students, faculty or staff of NLC, AND You make only enough copies of the course pack to provide one for each student, two for each faculty member and such number as are required by the Institution for administrative uses, AND,  for each extract included in the course packs, you are copying no more than 15% of a published work, OR the work is one of the following: An entire article from a periodical issue containing other works An entire article from a set of conference proceedings An entire single essay, short story, play, or poem from a book or periodical containing other works An entire article from a book containing other works An entire chapter, if it is not more than 20% of the book An entire newspaper article or page An entire entry from an encyclopedia or similar reference work A single item of print music from a book or periodical containing other kinds of work An entire reproduction of an artistic work from a book or periodical issue containing other works The 'whichever is greater than' rule applies to course packs Note: the copies must be logged for reporting to AccessCopyright for royalty payment.

You cannot copy without permission if : More than 50% of the pages in your course pack are taken from textbooks Your course pack contains more than two extracts from textbooks written by the same author and published by the same publisher within a period of five years For each of the extracts included in the course pack: The extract is from a textbook and is greater than 5% of the textbook or the extract is from a textbook and is more than one chapter of the textbook, whichever is less The extract is from a crown publication (some exceptions for federal statutes apply) The publication from which the extract is taken contains a notice expressly prohibiting copying under licence with a Reproduction Rights Organization such as AccessCopyright  The work is unpublished (i.e. copies have not been made available to the general public)  The extract is available as a separate publication and can be obtained at a reasonable price and within a reasonable period of time You have previously copied 15% or more of the same publication for the same course or program during the same academic year The work is an original of an artistic work (e.g. a pencil drawing)  You have changed the work in any way You intend to use the work in association with an endorsement or advertisement You intend to use the work in association with partisan political activities The work is published in a country that is NOT covered by the AccessCopyright agreement The work is published by a publisher NOT covered by the AccessCopyright agreement. The work is one of the following (UNLESS it contains a notice specifically authorizing copying under licence with AccessCopyright or an affiliated reproduction rights organization): An instructional manual, including teachers' guides A 'consumable' such as workbooks and tests Print music for use by choirs, bands, and similar groups A letter to the editor in a newspaper, magazine or periodical An advertisement in a newspaper, magazine or periodical A newsletter restricted to fee-paying clients, which contains commercially valuable information Business cases which are available for purchase

Copyright Permission

The Library will check all photocopies submitted for Reserve for clearance within the AccessCopyright licence. Please check with the College Copyright Officerto secure copyright permission when it is necessary.

Audiovisual Resources

The following formats, are all covered by copyright:
Videos
Slides
Audiocassettes
Digital image files
16 mm Films
Photographs
Compact Disks
DVDs
Transparencies
Power Point Presentations
Content from Web sites

Northern Lights College does not have an agreement (such as the AccessCopyright agreement) for audiovisual resources. Rights are negotiated on an item by item or case by case basis. These rights are often expensive, can take a long time to obtain and in some cases are simply not available.

What are Public Performance Rights and why do we need them?

Any venue that is not a private home is considered, under Canadian law, to be a Public Performance site. Therefore, classrooms, libraries and student union buildings are public performance sites and a public performance licence is necessary if a video is to be shown in these locations.


A. Video and Motion Pictures

Videos and motion pictures cannot be duplicated, edited or the format transferred (in whole or in part) without the written permission from the copyright holder.

Videos and motion pictures cannot be shown in a public place, for example, in a classroom, without the purchase of public performance rights. The Northern Lights College Library generally purchases public performance rights for all videos in the library.

Feature Films (i.e. material that is intended for the commercial theatre and movie rental market) and home use videos do not usually carry public performance rights. Northern Lights College  has a special Institutional Feature Film Public Performance Licence that allows thousands of feature film titles to be shown in the classroom without any further payment. However, since not all titles are covered, it is the responsibility of the person showing the film to check the list of producers/titles covered under our licence.  For films that are not covered under this licence, special arrangements can be made and a fee paid to the distributor. Generally the price for this can be quite high and often only applies to one showing of the film.

Home use videos (such as those obtained from the Public Library or purchased from a retail video outlet) should not be shown on College premises. They are for Home Use Only. The only exception would be the feature films covered by our Institutional Licence, as discussed above.

Some videos and motion pictures carry a site licence which restricts the showing and the use of the item to the premises and the users of the institution purchasing the material. These materials are only available to students and employees of Northern Lights College (not to community borrowers) and are not available for interlibrary loans within the province.

In British Columbia, the Advanced Media Acquisitions Centre (AEMAC) is charged with the task of negotiating the purchase of a variety of rights on behalf of the post-secondary institutions in the province. These rights typically include
duplication, public performance and site licences. AEMAC site licences always restrict the use of the material to post-secondary users; therefore these videos cannot be borrowed by community borrowers.

There are three types of rights arranged by AEMAC:

1. Erasure: rights are purchased for a specific time period after which the video material must be removed from the institution's collection and must be destroyed.

2. Non-erasure: rights are purchased for a specific time period.  However, once the expiry date has been reached, the institution may retain the item in its collection for the life of the tape. When the tape deteriorates or is damaged, it cannot be replaced through AEMAC. In some cases, a replacement can be purchased from the original producer or distributor but always at a higher cost.

3. Perpetual: these rights enable the institution to retain the item in its collection indefinitely and they enable the institution to purchase replacement and added copies in perpetuity from AEMAC.

Rarely are broadcast rights ever purchased for videos or motion pictures in our library collection. If purchased, these rights would enable us to broadcast the material over a closed circuit television system.

Duplicating:

A video, CD, audiocassette or computer program may not be duplicated without written permission from the copyright holder--this permission will often involve paying a fee. The exception to this is many language tapes where limited duplication rights may be included when the title is purchased. Generally if a title is commercially available, permission to duplicate is rarely given and may cost more than buying a second copy.

Clips and Compilations:

Making a compilation of video clips from other tapes may only be done with written permission from all the rights holders. Without written permission it is a violation of copyright. Obtaining permissions from all the copyright holders is generally a time consuming and possibly expensive process.

Format Transfers:

When a media format becomes obsolete, such as 3/4" video or reel to reel tape
the content may be transferred to another format, provided it is not commercially available in the new format. Generally if the content is commercially available in a new format it is probably cheaper to buy rather than to pay for transfer rights.

B. Audiocassettes

Audio CDs or audiocassettes can be played in an educational institution without needing a Public Performance licence. These must, however, be legal, commercial copies.

C. Music

In general, printed or recorded music cannot be copied or distributed without the permission of the copyright holder(s). Music is further complicated by often requiring two copyright clearances:

1. Copyright of the written music (i.e. the musical notes and/or words to a song). Written permission is required to copy or distribute in any format.

2. Copyright of the actual performance itself (i.e. the live or recorded performance of the music).  Written permission is required to copy or distribute in any format.

D. Graphics and Original Artwork

Written permission from the copyright holder must be obtained prior to copying or reuse of any artistic work regardless of their source, including computer graphics and icons, unless there is a clear indication that the work is in the public domain.

E. Taping of Broadcast Television

1. A non-profit educational institution can make a single copy of a "news program" or a "news commentary program" IF:

• the copy is used on the premises for educational and training purposes AND
• the copy is made at the time the program is aired AND
• the audience consists primarily of students of the educational institution

Note: "Documentaries" are specifically excluded from this category.

The copy can be shown without permission or payment of a royalty an unlimited number of times for up to one year from the date the copy is made. After one year the copy must either be erased or paid for and the educational institution is
required to provide information on the making, destruction, performance, and marking of the copy to the copyright owner or a collective representing the owner. Copies which are not destroyed after one year will be subject to payment. If educators and copyright holders cannot agree, then the Copyright Board will set the amount of payment (tariff) and terms and conditions of use.

2. A non-profit educational institution may make a single copy of all other types of broadcast programs (i.e. those that are not "news programs" or " news commentary programs") for evaluation or preview purposes IF: the copy is made at the time the program is aired.

The institution may examine the copy for up to 30 days and after 30 days the copy must be either erased or paid for. A copy retained after the 30 day period may only be viewed by an audience consisting primarily of students of the educational institution on the premises of the educational institution. The educational institution is required to provide information on the making, destruction, performance, and marking of the copy to the copyright owner or a collective representing the owner. Copies which are not destroyed after 30 days will be subject to payment and terms and conditions of use. If educators and copyright owner cannot agree, the Copyright Board will set the tariff.

Electronic Sources and Storage (including the Internet and Web Pages)

Electronic sources provide one of the most challenging areas of copyright. There are many questions and few answers--this area is in a constant state of change, and this guide will be updated as new information presents itself. The following are some general 'rules of thumb':

• If in doubt consider that it is copyrighted and that it is necessary to obtain the permission of the copyright holder if you wish to reuse it in any way.

• Electronically stored or digitized materials are not covered by our AccessCopyright licence.

• AccessCopyright does however have a 'for fee' service to assist in digital clearances. This service is the Post-Secondary Electronic Course Content Service (PECCS) which will effect copyright clearances for a per item charge.  The request and the charges would be the responsibility of the individual who wishes to reuse the digital material. To quote from their brochure "PECCS allows digital delivery of print materials" with copying limits similar to the guidelines established for print copying (e.g. no copying shall exceed an entire single short story, play, poem, essay, or article from a book or periodical issue containing other works).

• Works on the Internet are considered as 'published works' with copyright protection. Putting up content on a Web page, whether it is text, an image or a video clip that belongs to someone else, requires written permission from the copyright holder(s). You need permission to:
  • upload anything on to a web page that is not your own creation or to which you do not hold copyright.
  • change in any way content that is not your own creation or to which you do not hold copyright (even if you have permission to upload).
  • upload material to which you have copyright but which involves participants who have not given their permission to put the material up on the web.
  • download material for classroom distribution, course packs or reserves.

• The general consensus, at this time, is that links may be made (without permission) to the home page of a Web site. However, permission from the copyright holder is needed before 'deep linking' (linking to an internal or 
  deeper page).

• Even though a published work does not contain a copyright protection statement, it does not mean that copyright does not exist. Copyright protection exists from the time the work is created: registration, though available, is not required. Conversely some sites (although not that many) will clearly state that certain copying or downloading activities are permissible.

• The copyright holder of the digital copy may not be the same as the copyright holder of the original work in print (or other format). Check to ensure that you are requesting copyright permission from the correct source.

• Digital rights are often layered. Works that contain more than one medium may require copyright permission from several people or organizations or for various aspects of the work.

• Currently there is no industry standard regarding payment for digital licencing, so be prepared to negotiate.

• Scanning a print document is the same as copying. According to our  AccessCopyright agreement, input or output of published works (without adaptation) into or from an electronic file shall only be permitted for the purpose of producing paper copies. All copies stored electronically must be erased promptly after the required paper copies have been produced.

• Digitized materials carry with them 'moral rights' that vary from country to country and are intended to prevent association of use of copyrighted material with anything that might prejudice the reputation of the author.

• According to Lesley Ellen Harris in Canadian Copyright Law, 3rd edition, "browsing" on the Web can be considered a reproduction of a work for copyright purposes and is protected by Canadian copyright law. She feels that browsing may be addressed in future amendments to the Canadian Copyright Act.

Miscellaneous

The following activities are permissible in an educational institution without obtaining permission from the copyright holder:

•  An instructor may copy, translate, perform or communicate by telecommunication a work for an examination or test on the premises of the educational institution, unless the work is 'commercially available' in a medium or format appropriate for the instructor's purpose or unless a 'motive of gain' is involved. See notes section for definitions of 'commercially available' and 'motive of gain'.

• Live performances, primarily by students are permissible IF the performance takes places on the premises of the educational institution, is for educational or training purposes, is not for profit, takes place primarily before an audience
  consisting primarily of students and instructors of the educational institution, and does not involve a 'motive of gain'.

• Sound recordings protected by copyright can be played in the classroom with the same conditions as live performances.

• Radio and television programs can be played in the classroom but only at the same time as the program is aired. For example the movie could be viewed in the classroom at the same time as it was being broadcast by the CBC.
  However, the same movie could not be rented at the video store and then shown on television in the classroom. The same conditions as for live performances also must exist plus the playing must not be for profit.

• Manual reproduction (copying a work onto a blackboard or a flipchart or for use on an overhead projector or similar device), without permission from the copyright holder, is allowed if the work is not commercially available in a
  format appropriate for the instructor's use, and the copy is used on the premises of the educational institution, and is used only for the purposes of education or training, and is not made for a 'motive of gain'.

 

Who to call if you have questions?

For all copyright questions please call the College Copyright Officer, Janet Beavers  at 1251 on the Dawson Campus.

 

Notes:

Changing a Work: Don't make any changes if you are copying or reusing a work in any way. Copying from the Internet is particularly vulnerable to editing. Creators retain the moral rights to the integrity of their own work, and that means you cannot make changes.

Commercially available: a work is commercially available if it is available on the Canadian market within a reasonable time, for a reasonable price, with reasonable effort, or is available under a licence from a collective within a reasonable time, for a reasonable price and with reasonable effort.

Crown Copyright: For government documents, both federal or provincial, the Crown generally claims copyright. Copyright on these works lasts for the remainder of the calendar year in which the work was first published, and for 50 years after that. Copyright on unpublished works is perpetual. There are some exceptions, mostly in the area of Statutes. Anyone may, without charge or request for permission, reproduce enactments and consolidations of enactments of the Government of Canada and decisions and reasons for decisions of federally-constituted courts and administrative tribunals, provided due diligence is exercised in ensuring the accuracy of the materials reproduced and the reproduction is not represented as an official version.
In addition, governments usually allow educational institutions to copy Crown publications free of charge. If you have any doubt, contact the government publisher and ask for permission.

Educational exemption: does not exist in Canada

Moral rights: Even if the author sells the copyright to someone else, he/she still retains what are called 'moral rights'. This means that no one, including the person who owns the copyright, is allowed to distort, mutilate, or otherwise
modify the work in a way that is prejudicial to the author's honour or reputation. In addition, the work may not be used without permission in association with a product, service, cause or institution in a way that is prejudicial to the author's
honour or reputation. Moral rights cannot be sold or transferred but can be waived. An example of infringement of an author's moral rights would be when a publisher buys the copyright on a song and then converts it into a commercial jingle without the author's permission.

Motive of gain: Not having a motive of gain is defined as when an educational institution does not recover any more than the costs, including overhead costs, associated with doing an act under an educational exception.

Public domain: Copyright of a work in Canada usually exists for the life of the author, the remainder of the calendar year in which the author dies, and for 50 years following the end of that calendar year. After that time, the work becomes
part of the public domain and may possibly be copied at will. For example, Shakespeare's plays are part of the public domain and anyone can produce or publish them. There are, however, exceptions to the general rule of the life of the author plus 50 years: if a work that was originally published more than 50 years ago is reproduced from a source published within the last 50 years, it must be cleared through that publisher. Also, in the case of photographs, cinematographs, and sound recordings, the term is 50 years from the making of the negative or master respectively.

Internet Sites on Copyright

Some useful sites for copyright information include:

http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html
Canadian Intellectual Property office

http://www.accesscopyright.com
AccessCopyright's home page

http://www.copyrightlaws.com
website of Lesley Harris, author of Canadian Copyright Law, Digital Property:
Currency of the 21st Century, and The Copyright & New Media Law Newsletter
for Librarians & Information Specialists

 

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