presented by: jody and kenneth1 copyright and other legal issues in distance education presented by...

1Presented by: Jody and Kenneth

Copyright and Other Legal Issues in Distance Education

Presented by

Jody & Kenneth



•Copyright Overview

• Print Copyright• Digital Copyright• Intellectual Property

• Conclusion

• Digital copyright best practices• Intellectual property best practices• Wrap up

Presented by: Jody and Kenneth 3


Print Copyright



Print CopyrightPrint Copyright

Questions to ponder…Questions to ponder… What is print copyright? What is print copyright? Why we need to examine this Why we need to examine this

issue? issue? What are the copyright material?What are the copyright material? How do we obtain permission?How do we obtain permission? What is the submission process?What is the submission process?



Print CopyrightPrint Copyright What is print copyright?What is print copyright?

Definition:Definition: ““Copyright is the legal protection Copyright is the legal protection

of literary, dramatic, artistic, and of literary, dramatic, artistic, and musical works, sound recordings, musical works, sound recordings, performances, and performances, and communications signals.”communications signals.”




How is it enforced?How is it enforced? Copyright collectives:Copyright collectives: Administers the legal right under Administers the legal right under

the Copyright Act on the behalf of the Copyright Act on the behalf of copyright owners and rights owners copyright owners and rights owners who are part of the collective who are part of the collective (CanCopy, COPIBEC, VEC, Audio (CanCopy, COPIBEC, VEC, Audio Cine Films, and ERCC)Cine Films, and ERCC)

Individual compliance complaintsIndividual compliance complaints




Why do we need to examine this?Why do we need to examine this?

Original thinkingOriginal thinking

PlagiarismPlagiarism

Educate the usersEducate the users




What types of material are What types of material are copyright?copyright?

Literary worksLiterary works Dramatic worksDramatic works Musical worksMusical works Artistic worksArtistic works



Print CopyrightPrint Copyright How do we obtain permission?How do we obtain permission?

Locate author using copyright Locate author using copyright collective databasecollective database

Locate publishers using Locate publishers using directories directories

Find out who inherited right if the Find out who inherited right if the person is not aliveperson is not alive



Print CopyrightPrint Copyright What is the submission process?What is the submission process?

Register and obtain license from Register and obtain license from the Copyright Board of Canadathe Copyright Board of Canada

$65 cost filed with Copyright $65 cost filed with Copyright Board of CanadaBoard of Canada

Copyright Copyright expires 50 years expires 50 years following the end of the calendar following the end of the calendar year of the creator's deathyear of the creator's death



Print Copyright ResourcesPrint Copyright Resources

Copyright Collective SocietiesCopyright Collective Societieshttp://www.cb-cda.gc.ca/societies/index-e.html

Copyright Matters for TeachersCopyright Matters for Teachershttp://www.cmec.ca/else/copyright/matters/indexe.stm

Guide to CopyrightGuide to Copyrighthttp://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_main-e.html

Access CopyAccess Copyhttp://www.accesscopyright.ca/home.asp



Digital Copyright



Digital CopyrightDigital Copyright

Questions to ponder…Questions to ponder… What is digital copyright?What is digital copyright? How do we obtain permission? How do we obtain permission? What are some of the difficulties What are some of the difficulties

encountered? encountered? How do we protect material we post How do we protect material we post

digitally?digitally?




What is digital copyright? What is digital copyright? Definition:Definition: ““Digital copyright is the legal Digital copyright is the legal

protection of text, music, images, and protection of text, music, images, and other copyright material in a other copyright material in a multimedia product.”multimedia product.”




How do we obtain permission? How do we obtain permission?

1.1. Identifying the rights holdersIdentifying the rights holders2.2. Successfully locating and contacting themSuccessfully locating and contacting them3.3. Negotiating agreements for the use of the workNegotiating agreements for the use of the work4.4. It is not uncommon to require permission from a It is not uncommon to require permission from a

numerous owners of copyright in the numerous owners of copyright in the photographs, images, and video clips, photographs, images, and video clips, performances and music contained in a typical performances and music contained in a typical multimedia workmultimedia work




What are some of the difficulties What are some of the difficulties encountered? encountered?

Owner may not respondOwner may not respond Perceived infringement - Perceived infringement - sole right to

produce or reproduce your work, through publication, performances and so on, or to authorize such activities.





Moral Rights Infringement By selling your copyright to someone else, you still retain what

are called "moral rights". This means that no one, including the person who owns the copyright, is allowed to distort or otherwise modify your work in a way to show prejudice to your honour or reputation. Your name must also be associated with the work as its author. In addition, your work may not be used in association with a product, service, cause or institution without your permission.





Certain provisions in the current law need to be changed and updated to Certain provisions in the current law need to be changed and updated to reflect digital technologiesreflect digital technologies

Amend the Copyright Act to make it clear that "electronic publication" Amend the Copyright Act to make it clear that "electronic publication" (i.e. the making available to the public of a work in such a way that (i.e. the making available to the public of a work in such a way that members of the public may access the work from a place and at a time members of the public may access the work from a place and at a time individually chosen by them) is the equivalent of "publication" for the individually chosen by them) is the equivalent of "publication" for the purposes of the Actpurposes of the Act

the term "publication" is defined so as to specifically exclude the term "publication" is defined so as to specifically exclude "communication to the public by telecommunication" as a mode of "communication to the public by telecommunication" as a mode of "publication". As a consequence, works "published" via the Internet, etc. "publication". As a consequence, works "published" via the Internet, etc. technically remain "unpublished" works, unless they are also "published" technically remain "unpublished" works, unless they are also "published" through conventional means of distributing copiesthrough conventional means of distributing copies



Digital CopyrightDigital CopyrightHow do we protect material we post digitally?How do we protect material we post digitally?

File a COPYRIGHT Application for registrationFile a COPYRIGHT Application for registration

Set up an exclusive site or bulletin board which only Set up an exclusive site or bulletin board which only members can accessmembers can access

set up an Internet Site, where the public can request set up an Internet Site, where the public can request through email than certain material be deliveredthrough email than certain material be delivered



Digital CopyrightDigital CopyrightHow do we protect material we post digitally?How do we protect material we post digitally?

Technological Enforcement Measures

Encryption – code to decrypt material

Fingerprinting – electronic fingerprint to determine original owner

Tagging – insert notice tag all over copyright material

Copy Prohibition – bits inserted into material which when read by machine disables copying

Digital Coding – digital codes used in soundtracks to prevent tampering and copying



Digital Copyright ResourcesDigital Copyright Resources

Canadian Copyright and the InternetCanadian Copyright and the Internethttp://www.ampksoft.ca/compoly.htm

Copyright Reform ProcessCopyright Reform Processhttp://strategis.ic.gc.ca/SSG/rp00348e.html

Copyright Protection for Computer Copyright Protection for Computer ProgramsPrograms

http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_circ_1-e.html

Guide on Copyright Clearance for Media Guide on Copyright Clearance for Media ProductsProducts

http://www.pch.gc.ca/progs/ac-ca/pubs/ic-ci/pubs/copymm_e.htm



Intellectual Property



What is Intellectual Property (IP)?

An intellectual property is any product of the human intellect that is unique, novel, and unobvious (and has some value in the marketplace).

Examples of IP are: an idea, invention, literary creation, business method, computer process or presentation.



Why do we need to examine this (IP)?

CommercializationCommercialization

Advancement in technologyAdvancement in technology

Risk of loss of controlRisk of loss of control



Historical IP ProcessHistorical IP Process Libraries Publishers Authors

Changing IP in the Digital WorldChanging IP in the Digital World Commercialization Advancement of Technology Loss of Control



Who owns online course materials?Who owns online course materials?

Under Canadian law, all work created for an employer by an employee is owned by the employer

Some universities are sharing the spoils of ownership with faculty members -- as an incentive for them to create on-line courses -- while others are not.

No clear blueprint has yet emerged



Canadian IP ProcessCanadian IP Process



IP Policies Across CanadaIP Policies Across Canada

Secondary Manitoba

Post Secondary University of Toronto McGill University University of Waterloo



International IP IssuesInternational IP Issues



References and Further ResourcesReferences and Further Resources

General IP issues (General IP issues (http://citd.scar.utoronto.ca/copyright/http://citd.scar.utoronto.ca/copyright/))

Faculty Content Ownership (Faculty Content Ownership (http://www.educause.edu/issues/faculty.htmlhttp://www.educause.edu/issues/faculty.html))

Enforcement and Registration Enforcement and Registration ( ( http://cipo.gc.ca/http://cipo.gc.ca/ ) )



ConclusionConclusion



Digital Copyright Best PracticesDigital Copyright Best Practices

Registration of material Registration of material Understanding the parameters of the legislation Understanding the parameters of the legislation

involvedinvolved Incorporate technological enforcement measures Incorporate technological enforcement measures

such as:such as: Encryption Encryption Fingerprinting Fingerprinting Tagging Tagging Copy Prohibition Copy Prohibition Digital Coding Digital Coding



Intellectual Property Best PracticesIntellectual Property Best Practices Consult the CIPO website for most Consult the CIPO website for most

up-to-date informationup-to-date information If you wish to retain ownership of If you wish to retain ownership of

your course materials, have a your course materials, have a contract drawn upcontract drawn up

Consult Canadian websites (not U.S) Consult Canadian websites (not U.S) or legal advice when in doubtor legal advice when in doubt



Questions?Questions?



Print CopyrightKenneth Kim

Digital CopyrightKenneth Kim

Intellectual Property / ConclusionJody Baty

DesignFaisal Kaiser

Overview / CreditsKenneth Kim

Outline / Original ConceptJody Baty

CREDITS

presented by: jody and kenneth1 copyright and other legal issues in distance education presented by...

Documents

copyright material

legal issues

copyright act

copyright collectives

behalf of copyright

legal right

jody kennethpresented

legal protection of