copyright … matters cindy paul | copyright officer | learning services © ua learning services...
TRANSCRIPT
Copyright … Matters
Cindy Paul | Copyright Officer | Learning Services
© UA Learning Services 2011
Overview
Copyright Basics
Rights of Ownership
User Rights
Teaching
Permissions
• Federal legislation – the Copyright Act
• Exclusive rights for owners
• Recognition, control and payment
• Rights are time-limited
• Exceptions for public use
Copyright Basics
• Idea expressed in tangible form
• Involves intellectual effort
• Reflects skill & judgment
• Is not a copy or derivative
Creating a new work
• Copyright exists upon creation
• Literary, Artistic, Dramatic, Musical
• In Canada, term = life + 50 years
• Public Domain
• Owner = Author? Publisher?
• © Year Name of Owner
More Basics
Rights of OWNERSHIP
Economic Rights (s.3)
• Produce or reproduce - substantial part in any
material form
• Perform; publish; telecommunication; public
exhibition; translate; covert…etc.
• Right to authorize
Moral Rights (s.14)
• Integrity; pseudonym; association; anonymity
Rights of Ownership
• Produce or reproduce (substantial
part) - without permission
“It is an infringement of copyright for any person to
do, without the consent of the owner of the
copyright, anything that by this Act only the owner
of the copyright has the right to do.”
- Canadian Copyright Act, s.27
Infringing Copyright
User rights
“User rights are not just loopholes. Both
owner rights and user rights should
therefore be given the fair and balanced
reading that befits remedial legislation”CCH v. LSUC
2004 Supreme Court of Canada
User Rights
Fair dealing (s.29)
• Justifies substantial borrowing:
- research, for the purpose of ….(insert activity)
- private study
- review or criticism
- news reporting (current events reporting)
Fair Dealing
√ Free from bias, dishonesty, injustice or
discrimination√ Good faith
√ Comment, review or criticism
Conveys same information for rival purpose
Excessive copying; i.e. cumulative (over term)
Trivial changes; no intellectual effort
Deciding “Fairness”
Fairness: Six-step Analysis
More fair Less fair
1. Purpose - research/educational vs. commercial
2. Character - one-time use/limited distribution vs. ongoing use/wide
distribution
3. Amount – using only enough to fulfill purpose?
4. Alternatives – is a non-copyright substitute available? Is including the
material necessary for understanding?
5. Nature – greater exposure vs. confidential
6. Effect – does dealing compete with original in Marketplace?
No (more fair), or yes(less fair).
PUBLISHED WORKS up to 10%, or one (1) chapter, not to exceed 20%, or an entire article, short story, play, poem essay, artistic work, or
musical score, from a book or periodical publication. an entire entry from a reference book (ie. encyclopaedia, dictionary,
or bibliography)
COMMERCIAL TEXTBOOKS up to 5%, or one (1) chapter, an entire short story, play, poem, essay, artistic work, musical score, not to exceed 10%
You CANNOT copy: unpublished works, commercial tests,
workbooks, manuals, exams, newsletters, or business cases.
UofA Fair Dealing Practice
Institutions may develop a fair system or practice…
In Class Instruction (s.29.4)
• Overheads
• Tests or Exams
• Performances
• Taping Radio and TV Programs
• Public Performance of Musical Works
Exceptions for Education
Teaching and copyright
You own copyright (original material)
Insubstantial use (i.e. short quotes)
Educational exception applies
Copyright expired=public domain
Fair Dealing (i.e. criticism or review)
Proceed When…
UofA Practice: Images
See Copyright Office website:
Guidelines for Using Images
Search “royalty-free” or “public domain”
• Copyright and/or royalty-free content
– Textbookrevolution.org
– Project Gutenberg
– Jamendo.com
– Pics4learning.com
• For-fee private collections
– Photos.com
– Clipart.com
Royalty Free Content
• Creative Commons – ‘some rights reserved’
– http://creativecommons.org/
• Library e-resources ‘authorized’ users
• Showing a feature film– Audio Cine Films
–Criterion Pictures
Licensed Material
• Assign a textbook
• Library e-resources
• Create links / persistent links
• Reading lists
• Library reserve
• Supplemental vs. required
Course Readings
UofA Practice: Supplemental Readings
See Copyright Office website:
Supplementary Course Readings
AskingPermission
• UofA Copyright Office - Clearance Service• Complete and submit the online
“Copyright Clearance Request Form” • Plan ahead (ideally 6-8 weeks)• Method of distribution
(i.e. CMS, email, course pack; etc.)• Fees: method of distribution – either students or
department
Assisted Clearance
• Determine copyright owner• Compose request (modify sample)• List all possible uses, i.e. print, digital, email• Duration? i.e. one class; in perpetuity• In writing (email is fine)• Pay royalty/fees, if any• Send a copy of approval to UA Copyright Office• Retain documentation
Asking Permission
Questions?
Copyright and Licensing Office
Cindy Paul, Copyright Officer
5-07 Cameron Library
780.492.0151
http://www.copyright.ualberta.ca
Contact