Hi I’m Christine Jewell, liaison librarian for copyright and academic integrity. This presentation is an overview of copyright for instructors at the University of Waterloo.
We’ll cover 4 main topics: 1. The Copyright Act and fair dealing exception 2. Circumstances under which permission to copy is not needed 3. And steps to take when permission is needed 4. The University of Waterloo‘s Copyright Guidelines site
The Act sets out what you can and can’t do with other people’s copyright materials.
With the enactment of the 2012 Copyright Modernization Act, the fair dealing exception includes education.
“Fair dealing for the purpose of … education … does not infringe copyright.” (s. 29)
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The Copyright Act sets out what you can and can’t do with copyrighted materials in Canada. The Act is accessible in full text in PDF and HTML on the Government of Canada’s Justice Laws Website. The Act came into force in 1924. There has been reform since then, most notably and recently, in 2012. Substantial reform occurred in 2012 with the enactment of the Copyright Modernization Act. Of significance for us, the CMA added education to the purposes covered by the fair dealing exception. Fair dealing for the purpose of research, private study, education, parody, satire, criticism, review, or news reporting does not infringe copyright.
CCH Canadian Ltd. v. Law Society of Upper Canada: “The fair dealing exception ... is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively”(II. 48).
CCH (II. 53 - 60) outlines a series of factors that can help assess fairness. • the purpose of the dealing • the character of the dealing • the amount of the dealing • the nature of the work • available alternatives to the dealing • the effect of the dealing on the work
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However the Act itself does not actually define what is fair. The fairness of a dealing is left up to the courts. In 2004, there was a landmark Supreme Court of Canada case, CCH Canadian Ltd. v. Law Society of Upper Canada, referred to as CCH. Sometimes called a gift to libraries, the case dealt with library copying for patrons. The case asserts that fair dealing is a user’s right that must not be interpreted restrictively. The case proposed 6 factors to consider when assessing the fairness of a dealing: the purpose of the dealing, the character, the amount or importance, the effect on the original, the nature of the work, and the availability of alternatives. The analysis cannot be cut and dried; it is on a continuum, a matter of degree of more or less fair.
Two dealt directly with fair dealing: Alberta (Education) - Teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction Bell - Online music service providers giving customers the ability to listen to free previews of musical works prior to purchase of musical works
Reaffirmed: the large and liberal interpretation of users’ rights decided in CCH
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2012 was an important year in copyright, not only with the enactment of the CMA, but also with Supreme Court of Canada cases dealing with copyright. Commonly referred to as the Pentalogy, 5 The SCC rulings were issued on July 12, 2012. Michael Geist edited a book by that title, subtitled How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law. Chapters in this book explain how the rulings affirmed technological neutrality as well as a broad interpretation of users’ rights and fair dealing. Two of the 5 decisions dealt directly with fair dealing, viz. Alberta (Education) v Access Copyright [Alberta (Education)] for short, and Society of Composers, Authors and Music Publishers of Canada (SOCAN) v Bell Canada – known as Bell. The Alberta Education case considered teachers making photocopies of excerpts of textbooks and other copyrighted works to distribute to students as part of class instruction. The Bell case considered online music service providers giving customers the ability to listen to free previews of musical works prior to purchase of musical work. In these rulings, the Court reaffirmed and expanded on the large and liberal interpretation of users’ rights. If after a careful analysis, a user concludes that their proposed dealing can be reasonably regarded as fair, then the copyright-protected material can be copied without permission. We’ll look more closely at the analysis process further along in this presentation. But first let’s look at other circumstances when permission is not needed
Covered under Fair Dealing or another exception, e.g.
Srv007 licensed under CC BY-NC 2.0
• Libraries, Archives and Museums
• Persons with Perceptual Disabilities
• Educational Institutions
Mixy Lorenzo licensed under CC BY-NC-SA 2.0
• User Generated Content
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In addition to the fair dealing exception, there are numerous other exceptions provided in the Copyright Act. Among these with particular relevance for education are the Libraries, Archives and Museums, the Persons with Disabilities and the Educational Institutions exceptions. In a number of ways, the Educational Institutions exception has criteria more stringent than the fair dealing exception and so it is generally recommended that a fair dealing determination be considered first. But there is one section in this exception that is quite useful – section 30.04 Work available through Internet. It is not an infringement of copyright for an educational institution, or a person acting under the authority of one, to reproduce a work that is available on the internet. In this context, reproduction can include handing out copies or displaying copyrighted material to students in a class. The source has to be mentioned, and the author, performer, maker or broadcaster. However, in such dealings, no digital lock can be broken, and the site must exhibit no clearly visible notice prohibiting such dealing. Finally, it must not be the case that the user knew or should have known that the work freely available on the internet was an infringing copy. With the CMA enactment, a new exception called User Generated Content came into force. Sometimes called the You Tube exception, it permits the use of copyrighted material in such things as You Tube videos posted online. For example, a non-commercial user can post a video online that happens to have copyrighted music playing in the background. The key here is that the content is created by a user for non-commercial purposes.
Works in the public domain Stuart Rankin licensed under CC BY 2.0
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An insubstantial amount of copyrighted material can be used without permission. For example, it is acceptable to make use of a quotation, even a block quotation from a copyrighted work without seeking permission. A work in the public domain can be used without permission because it is out of copyright, either because its copyright has expired or the owner relinquished all rights.
Allowable Use is Governed by the Terms of the Library License.
Reasonable portions of content can usually be used for educational purposes in the University of Waterloo environment.
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Permission is usually not needed to use reasonable portions of library licensed content for educational purposes in the University of Waterloo environment. Most of the library’s electronic resources are governed by licenses that permit authorized users to copy and share limited amounts of their content with other authorized users. Typically an authorized user is defined as an active faculty member, student or staff member who has authenticated access to the university’s IP address. A reasonable portion means for example a full journal article but not an entire issue. Sharing may occur with other authorized users but not publicly on an open website. Educational purposes may sometimes include posting a PDF to a LEARN course, but not always. Licenses vary. Linking is normally permitted. However, you should contact your liaison librarian before posting an article from a licensed resource to your LEARN course. Alternatively, you may find the answer to your question in the usage rights database that is linked to most ejournal records. The brief display links to a fuller record with explanatory detail. CMS refers to a “content management system” such as LEARN. If the usage rights indicate YES for CMS, you may freely upload the PDF of an article to your LEARN course.
Licensed under Creative Commons (CC) Some rights are still reserved.
Colores Mari CC BY 2.0
Attribution
Attribution no derivatives
Attribution share alike
Attribution non-commercial
Attribution-NonCommercial-ShareAlike CC BY-NC-SA
Attribution-NonCommercial-NoDerivs CC BY-NC-ND
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Permission is not needed to carry out certain dealings if a work is licensed under Creative Commons. By default, copyright is all rights reserved. A Creative Commons licensed work is still under copyright, but with only some rights reserved. There are 6 CC licenses. All CC licenses require attribution. The most open is the license that requires only attribution. The most restrictive permits neither derivatives nor commercial use. But in all cases, the work can be used as specified without contacting the owner so long as the owner is identified and the type of CC license indicated.
Works classified as Open Access can be used without permission. Open Access is an evolving movement in scholarly communication. As initially recommended in the Budapest Open Access Initiative, an open access work is research that is publicly available to everyone—free of charge and without most copyright and licensing restrictions. The Bethesda and Berlin statements further define an OA work as one that users can "copy, use, distribute, transmit and display … publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship... The author retains moral and attribution rights. That is, when the work is used, the author should be credited and the work cannot be used in such a way that the author’s reputation or the integrity of the work is compromised.
• Permission may be needed to copy works available on the Internet for commercial purposes
• Permission may be needed to post works available on the Internet to an open website
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Be aware of when permission is needed. A work may be freely available on the internet, but is likely nevertheless under copyright, with all rights reserved. You can’t assume that you can copy and distribute it without permission. Permission is nearly always required to use a whole work for commercial purposes or to distribute a work publicly.
sure For on campus courses contact eReserves or courseware. Staff will investigate and obtain permission if required. For fully online courses contact your online learning consultant at CEL.
Consult Copyright Guidelines or send your question to a Copyright Contact.
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When preparing your course materials, before you copy, consider these steps. Do you need to copy for eReserves, a coursepack, or your LEARN course? If so, staff can help. You only need to contact eReserves or courseware staff for an on campus courses. Staff will investigate to determine whether or not permissions are needed. If permissions are required, often staff will be able to purchase a transaction-based license for the use needed. For a fully online course, speak with your CEL consultant. If your copying is not for eReserves, courseware or LEARN, then consider whether your proposed use falls under one of the areas where permission is not needed. Is it fair dealing, insubstantial, in the public domain, licensed by the library or under creative commons, or is it open access? If not, you need to obtain permission from the copyright owner. If you are not sure if your proposed use falls under one of the categories, investigate. Consult the Copyright Guidelines website or send your question to a Copyright Contact.
Waterloo’s Copyright Guidelines is the primary site for copyright information for the UWaterloo community. It is on the uwaterloo website, with the URL copyright-guidelines. The site is comprised of 4 main sections. A frequently asked questions Waterloo’s Fair Dealing Advisory And a Fair Dealing Flowchart A guide for instructors In the next set of slides, we will look at each of these sections.
What i s fa i r dea l ing and how does i t re la te to copyr igh t? Can I pos t works to LEARN? How do I know i f someth ing i s pub l i c doma in? Can I i nc lude images i n my PowerPo in t p resen ta t i ons? Can I p lay v ideos i n c lass? I s i t okay to use In te rne t sources?
The FAQ has 44 questions, organized under 5 headings: Copyright Basics, Copyright in the Classroom, Copyright in the library (Reserves, Interlibrary Loan & e-resources), Copyright and Course Packs, and Copyright contacts and resources. Use the FAQ to get answers to a wide variety of copyright questions, such as what is fair dealing? The FAQ describes how fair dealing can be applied in the classroom and when it is OK to post a work in LEARN, but it also covers more wide-ranging topics, such as how to determine that a work is in the public domain, and when you can use images, videos, and works that are freely available on the internet.
The Advisory describes how short excerpts can be copied under the fair dealing exception.
Short excerpts Allowable uses
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The Waterloo Copyright Guidelines site includes the Fair Dealing Advisory. The Advisory is the official source for the Waterloo community for direction when considering what is covered under fair dealing. The Advisory outlines what a short excerpt is and how short excerpts can be used in the classroom while observing reasonable safeguards for the owners of copyright-protected works. A short excerpt is up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work) one chapter from a book a single article from a periodical an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works an entire newspaper article or page an entire single poem or musical score from a copyright-protected work containing other poems or musical scoresg.an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work��provided that in each case, no more of the work is copied than is required in order to achieve the allowable purpose. A short excerpt can be photocopied and handed out to students in a class. It can be scanned and uploaded to a course in LEARN. A short excerpt can be included in a course pack and posted in eReserves.
The Waterloo Copyright Guidelines includes a Copyright Flowchart. The flowchart describes the two steps taken to determine if a use is covered under fair dealing. First, is the use for one of the purposes outlined in the Copyright Act? That is, is it for the research, private study, education, parody, satire, criticism, review, or news reporting? If not, then any copying requires the permission of the copyright owner. But if it is for one of the allowable purposes, then the nature of the dealing must be considered. Error should be on the side of caution. The Advisory is a safe harbour. If a proposed use may be beyond the parameters outlined in the Advisory, the Fair Dealing Advisory contact should be consulted.
• Use web content just as any other copyrighted material
• Know when permission is needed and when it is not
Instructors’ Guide from Copyright Guidelines
Photo by Rachel Figueiredo with permission
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The Waterloo Copyright Guidelines includes a Guide for Instructors. This guide explains your rights and duties when using copyrighted works for instructional purposes. For example, you have a right to copy short excerpts of copyrighted material under the Copyright Act’s fair dealing exception. You can use works available on the web, but under the same restrictions as any other copyrighted work. Instructors using copyrighted material should be alert to when permission is needed and when it is not necessary to obtain permission from the copyright holder.
The Copyright Guidelines site has an Our People section that lists copyright contacts for online courses, eReserves, the bookstore, LEARN, Fair Dealing, courseware and Audiovisual.
For additional information about copyright, have a look at the guide called Interesting Copyright Facts. It includes a discussion of the “seismic shift” that took place in 2012, with the enactment of the CMA and the 5 major SCC decisions concerning copyright that were handed down on July 12, 2012. It also includes a discussion of fair dealing and other exceptions provided in the Copyright Act. There is information about government copyright, international copyright and licensed resources.
