Copyright Presentation

JIBC Library

Revised March 2011

What Is Copyright?

“In the simplest terms, "copyright" means "the right to copy.””

Canadian Intellectual Property Office http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02393.html#whatis

What Is Copyright?

Copyright means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right.

Copyright Act, R.S., c. C-30, s. 3

Why do we have Copyright?

Copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs) and three other subject matter known as: performances, sound recordings and communication signals.”

Canadian Intellectual Property Office

Intellectual Property?You must obtain permission to use someone else’s intellectual property.

Two types of intellectual property:

1. Industrial property – inventions (patents), trademarks, industrial design and geographic indications of source.

2. Copyright – literary and artistic works.

We will focus strictly on copyright.

Copyright comes into effect?

• Immediately upon creation.

• Not necessary to register copyright.

• May do so with CIPO to prove that you are the registered owner and can be used in court as evidence of ownership.

Copyright Covers?• Copyright covers all formats of work:• Textual matter:

– Books– Journal articles– Newspaper articles

• Tables, charts, diagrams, figures• Cartoons• Digital media:

– Videos and sound recordings– Websites– Multimedia

Before you start …

Is copying or distributing material necessary?

There are alternatives.

Print-to-print format

• Taking a print copy from a print original.• For Print-to-print we use Access

Copyright, the Canadian Copyright Licensing Agency with whom we have a license.

Who is Access Copyright?• A Canadian not-for-profit agency. • Founded by creators and publishers to collectively

administer their copyright.• The Agency:

– Licenses legal access to copy from copyright-protected works, and

– Collects royalties from licenses and distributes those royalties to copyright owners.

Access CopyrightOur license allows us to:

• Make multiple copies according to their guidelines.• Make slides or overheads from printed material

(if not commercially available).

Material copied under the Access Copyright License is FOR THE USE OF JIBC STUDENTS AND INSTRUCTORS ONLY!

Access CopyrightLicense does not cover:

• Material from publisher who do not participate in the license (Exclusions List – on the Intranet)

• Instruction manuals • Workbooks, tests (published as consumables)• Photographs (originals or negatives)• Unpublished works (includes theses)• Case Law, Government Documents & Legislation

– Refer to the Copyright web page for more information.

Access CopyrightLicense does not cover:

• Student work:– Students own the work they create.– Although the original student work can be

circulated in class– Copies cannot be made without student

permission.• Works for which the Licensee has first sought

permission directly from the copyright owner…” (contact Library first!)

Access Copyright

License does not allow us to:

• “Change, adapt, alter, manipulate, annotate, include comments, edit, amend or rearrange the content or appearance of the published work”.

• Do cumulative copying. • Use for purposes other than the educational purposes

of JIBC students and instructors.

Classroom Handouts• Must be a “faithful and accurate reproduction” (the

entire page with no edits or editorial).• You may copy (for free):

– Up to 10% of a printed published work, OR– An entire chapter if it is not more than 20% of the

book.– An entire article or essay from a book or journal

containing other works.• Cannot be assembled into a package.• All copies must have Access Copyright labels

Course Manuals / Coursepacks

You may copy (for 10 cents per page):• Same as previous slide, but up to 15% of a published

work (instead of 10%).• Only one copy per student and two per faculty (no

cumulative copying).• Copy an entire out-of-print book for $10.00 each

(requires Access Copyright approval).• Newspapers are copied at 5 cents per page.

Course Manuals / Coursepacks

• All copies must have Access Copyright labels.

• Must complete an Access Copyright Log Sheet.– Submit Log Sheets to Library prior to copying.– A log sheet must be completed each time the

course is held.

• Exception – if the article is copied from one of the Library’s licensed databases (E.g. ProQuest). Check with one of the Librarians, who will ensure copying can be done from that specific database vendor.

Course Manuals / Coursepacks

We can:

• Copy only a portion of the page, as long as copyright attribution is included (author, publisher).

• Copying includes typing or word-processing without adaptation (must be a visually perceivable reproduction).

Copying From TextbooksSpecial rules apply when copying from textbooks for

course manuals:• You can only copy the lesser of 5% or a single

chapter of a textbook.• Not more than 50% of the pages you copy for your

course manuals or handouts can be taken from textbooks.

• For more information, contact JIBC Library.

Case Law, Government Documents & Legislation• These publications/documents are not covered by

Access Copyright.

• Please refer to the Library’s Copyright web page, in the Faculty Services section, where you will find a link to information on Copying Case Law, Government Documents, and Legislation.

News or News CommentaryNews or news commentary from television or radio can

be copied and used in the classroom provided that:• The copy is made only at the time the program is

aired.• The copy is to be used on the educational premises

for education and training purposes only.• The copy is retained only for 1 year from date of

copying.– After 1 year the copy must be either erased or paid

for (even if the copy is never used).

Print to Digital• Must contact copyright owner for permission to

digitize:– Refer to Library website for information on what to

say when asking permission– If received, retain written permission in perpetuity– Provide Library with copy of permission– Refer to Library website for information on how to

acknowledge permission – Remember to cite

• If permission not receive, do not digitize.

Digital to Print (websites)Is this necessary?• Setup webpage with links for students• If you must copy and distribute:

– Check website for Terms of Use, Copyright, Legal, etc. to see if copying and distribution allowed

– If not allowed, contact copyright owner for permission– Same procedure as with print to digital

Retain copy of permission Give copy of permission to Library Remember to cite

• If permission not receive, do not print and distribute

Digital to Print (licensed databases)

Is this necessary?• Setup webpage with links for students

– Pemalinks available to articles within our licensed databases

• If you must copy and distribute:– Check website to see which database vendors

allow copying and distribution of articles– If vendor does not allow copying, do not proceed

Digital to Digital (licensed databases)

• Locate article or book chapter and embed permanent link (permalink) in online course

– Contact the Library for information on permalinks (do not use URL in browser)

• Library can assist course developers or instructors to locate material

Digital to Digital (Internet)• Read Terms, Terms of Use, Copyright

statements if linking is allowed (most probable)

– Check for non-commercial or educational use (e.g. National Geographic)

– YouTube & Facebook• Provide links to students in online course

Public Domain

When does a work enter the public domain?

1. When copyright has expired.• Calculated as remainder of calendar year in which the author

dies plus 50 years following the end of that calendar year.(CIPO: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02395.html)

2. When a work is released by the creator without intention of claiming copyright. (Creative Commons: http://creativecommons.ca/index.php?p=cacopyright#faq_public-domain)

Open Access (OA) “A method of electronic publishing that allows anyone with an internet

connection to gain access to an entire published work online at no cost to the user”. (Sanford G. Thatcher)

Costs nothing to access.

Barriers to access removed, but most items are still covered by copyright.

Various reuses may still require permission from the copyright owner.

Must clarify the extent of openess associated with the item.

http://www.jibc.ca/library/research-help/web-links/open-access-resources

Fair Dealing Section 29 of the Copyright Act states:

• Fair dealing for the purpose of research or private study does not infringe copyright.

Other application:• Use of material for the purposes of criticism review and news

reporting is fair when properly attributed to the copyright owner or source.

Fair dealing does not prevent copyright owners from taking legal action against users but gives protection where "fair dealing" can be demonstrated.

JIBC Fair Dealing page:http://www.jibc.ca/library/services-faculty/copyright

Digital – Videos & DVDs• Videos can be shown in the classroom only if they

have Public Performance Rights (PPR). – We need PPR in Canada as the classroom is

considered a public place.– Documentary or educational videos borrowed from

public libraries or video stores cannot be shown in classrooms, as they are for home use only and do not have PPR.

• A compilation of video clips may only be done with written permission from all rights holders.

VHS to DVD transfer• Cannot transfer videos to DVD without

permission from copyright owner. – Contact the Library if you wish to do so. Library

will contact appropriate parties for permission.

• Streaming– DVDs can only be streamed (placed on the

Internet for online courses) once permission is received from the Distributor or Producer.

Digital – Feature Films• Most can be shown in the classroom as JIBC Library has an

institutional Feature Film Public Performance License.• Check with the JIBC Library to ensure that the production

company participates in one of our feature film licenses.• Films must be legal copies:

– Borrowed from a library, video store or from personal collections.

– NOT taped off-air.– Cannot put “clips” of films into PowerPoint presentation.

Digital – Music• You cannot download music for class use• It is assumed that most “legal” downloads are for

personal use• For permission, contact AVLA (Audio-Video Licensing

Agency) – This agency grants permission for duplicating and for playing

duplicated material– Retain a copy of the permission in perpetuity and provide the

Library with a copy– Only once permission is received can you embed music in

course material, etc.

Digital – Photographs• Copyright resides with the owner of the negative at

the time the photo is taken.– The owner’s permission must be obtained in order

to use the photograph in any publication.• Permission must also be obtained from any

identifiable persons appearing in the photograph

Alternatives• JIBC Library Reserve Collection.

– Books or journal articles.

• E-Reserves:– A collection of links to articles available through JIBC

Library’s online article indexes:– e.g. Academic Search Premier, Criminal Justice Periodical

Index.

• Overheads or flipchart.• Provide a list of references.

Insubstantial Amounts• “Insubstantial” amounts can be copied without

permission.– 1-2% is a rough rule of thumb unless that 1-2% forms the

essence of the work (quantitative and qualitative). – A few sentences from a textbook, unless you use many

excerpts from the same work.– A direct quote consisting of a few sentences or one

paragraph.– NOT: 5 paragraphs from a 2-page article.– NOT: 1 stanza of a 4 stanza poem.

• Remember to cite!

Citing and Documenting

You must cite and document all sources, in order to:• Acknowledge other peoples ideas and

information.• Inform students where they should look for

more information about cited source

Include when Citing

The JIBC has adopted the APA Style,that includes:• Title of book.• Title of journal article and journal:

– Include Volume number, Issue number, and page numbers.• Author(s) or editor(s).• Publisher, place of publication and date of publication.• Name of article index (if article from an online index).• Website URL and date retrieved.

References Canadian Intellectual Property Office (CIPO), Copyrights

http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html

CIP0 - Guide to Copyrightshttp://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/vwapj/2010guidedroitsdauteur-2010guidecopyrights-eng.pdf/$file/2010guidedroitsdauteur-2010guidecopyrights-eng.pdf

Copyright Board of Canadahttp://www.cb-cda.gc.ca/home-accueil-e.html

Creative Commons http://creativecommons.ca/

Michael Geist http://www.michaelgeist.ca/content/view/2572/125/ OR http://copyright.michaelgeist.ca/

UBC – Copyright for Academic Librarians at:http://hlwiki.slais.ubc.ca/index.php/Copyright_for_academic_librarians

Questions?• Contact:

– April Haddad (604.528.5594)– Christine-Louise Dujmovich (604.528.5597)

• Email:– library@jibc.ca

• Library Website:– Go to Services for Faulty Copyright section

(www.jibc.ca/library/services-faculty)