Making an Informed Decision Presented by Lynne F. Murphy & Suzanne van den Hoogen April 6 th, 2011 Copyright April 2011

Making an Informed Decision

Presented by Lynne F. Murphy & Suzanne van den Hoogen

April 6th, 2011

Copyright April 2011

Access Copyright Proposed Tariff

The Canadian Copyright Act Fair Dealing

Educational Exception

Work Arounds: Course Packs

Course Reserves

Digital Distribution


Established in 1988 Not-for-profit organization Copyright License Provider Board of Directors

• Creators• Publishers


Up to 10% of a published work or whichever is greater:

• An entire essay, poem, play, article, or short story.• An entire newspaper article or page.• One chapter (provided it is 20% or less) of a book.• An entire reproduction of an artistic work (including

drawing, sculpture, painting, prints, architectural works of art or works of artistic craftsmanship) from a book or periodical.

• An entire entry from a reference work (encyclopedia, dictionary, etc.).

• Copies to replace damaged or missing pages of up to 20% of the work


Under the “CURRENT” license, an educational institution can & within the limits stated:• Create course packs of material licensed under

Access Copyright.• Make paper copies as needed• Make handouts for class distribution• Place copies on reserve for students to copy


1300% increase: $45/student (FTE)

Circumvents Copyright Law

Includes linking to electronic material

Lacks an exclusion for Fair Dealing

Provides additional protection for Digital Locks

Features extensive and onerous reporting requirements


The CAUT & AUCC (Association of Universities and Colleges of Canada) have both submitted objections to the Board.

In the meantime there is an interim tariff agreement which StFX has signed.

Legal counsel for AUCC has prepared a guide for “Fair Dealing” under the Copyright Act which they recommend for adoption by each university.


Copyright of creators/authors is protected by the Copyright Act C-42 (1985)

Protects works from being copied, performed or distributed without the permission of the copyright holder

It also provides exceptions for specific circumstances


What am I allowed to put in course Reserves?

Original textbooks, books and articles can be placed on reserves if they belong to the library or are personal copies.

A copy of a course pack provided all rights are cleared

Copies of or links to e-journal articles (where license allows, i.e., CRKN)

Copies of or links to e-book chapters (where license allows)


You can provide a link to an electronic journal article if:

it comes under the CRKN license the material resides on a secure server – like

Blackboard or Moodle it is an open access journal or has a

creative commons license you e-mail the link to the document and not the

pdf


Course packs

The Copyright Act does not allow the creation and selling of Course Packs unless permission is granted by the copyright holders or it is licensed under Access Copyright.

Multiple Photocopies to distribute to students is not permitted under the Act unless permission as above.

Scanning copies to Blackboard, etc also not permissible as above.


Before copying, adapting, distributing or performing a copyrighted work, check :

If you are using an insubstantial or substantial part of the work;

If what you want to do may fall under fair dealing or another exception within the Copyright Act or

If the copyright holder has granted permission or issued a special license


YES!

• Fair Dealing

•Educational Exceptions


Fair dealing is a policy that seeks to balance the rights of the copyright owner with the rights of the user.

Fair dealing allows the user to copy for the purposes

of:• Research• Private Study• Review• Criticism• News Reporting

While it still protects creative works such as books, articles, posters, manuals, diagrams, figures and graphs, permission to copy within these guidelines need not be sought from the copyright owner.

The fair dealing policy does not apply to audio or video recordings nor to licensing arrangements your university already has with its publishers.


In a well known court case, CCH Canadian Ltd. V. Law Society of Upper Canada (2004), the supreme Court of Canada proposed criteria for evaluating whether a dealing is fair. These are:

• Purpose of the dealing• 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.


CAN CANNOT You are allowed to copy

single copies from published works for research, private study, review, criticism, or news reporting only.

You are NOT permitted to copy plays that are published as an entire work, unpublished works, proprietary workbooks: assignment sheets, tests and examination papers, instruction manuals, newsletters that can only be obtained via paid membership, or business cases.


Educational institutions or persons acting for them are permitted to make limited copies for instruction and examinations.

For an exam or test, instructors can reproduce, translate or perform a work when it is not commercially available in an appropriate medium.

For radio, televisions broadcasts, sound recordings, videos all come under the Act and have some fair dealing and educational exceptions provisions.


Exceptions for Libraries, museums and archives cover the delivery of print and electronic works:

May do anything that individuals may do for themselves as long as it is for private study, research, criticism or review.


If the University decides not to continue with the Interim License agreement with Access Copyright after August 2011, the following needs to occur:• Faculty, staff, students will then need to

understand & comply with the Copyright Act & allowances under Fair Dealing and Educational Exceptions under the Act.


For the provision of providing core course materials to students:

1. Assign a textbook for your course

2. Create a Custom Copy textbook in collaboration with a publisher

3. Create a print course pack or build a unit on a course management system using the following materials:

• Material in which you hold copyright• Material allowed by the rights holder• Material in the public domain• Material with a Creative Commons license• Material that is available online as Open Access


4. Use the library’s Course Reserves for the same types of content, plus:

5. A book from the library or your personal library;

6. A copy of a course pack provided all rights are cleared

7. Copies of or links to e-journals articles (where license allows)

8. Copies of or links to e-books chapters (where license allows)

9. Photocopies or scans of copyrighted material which are supplemental to the course (optional, not assigned) can be placed on reserve following the Fair Dealing policy.


Finally:

Faculty are encouraged to work with their Liaison Librarians who can assist in identifying alternative sources of materials for class instruction or library course reserves.


A complete list of CRKN databases is available through the Electronic Resources on the Library website:

http://library.stfx.ca/search/electronic_resources.php


ALJC-Swets (ALPSP Learned JournalsCollection)

American Chemical Society CAIRN Cambridge Journals China: Trade, Politics and Culture, 1

793-1980

Classical Scores Library Defining Gender, 1450-1910 Early Canadiana Online Eighteenth Century Journals I & II Empire Online Erudit InteLex Past Masters IoP - Institute of Physics Electronic

Journals

JSTOR Mass Observation Online MathSciNet Medieval Travel Writing National Research Council of Cana

da

Oxford Journals Periodicals Archive Online RSC Publishing - Royal Society of C

hemistry

SAGE Journals Online ScienceDirect Slavery Abolition and Social Justice

, 1490-2007

SpringerLink Taylor & Francis Journals Online (in

formaworld)

Theatre in Video Wiley Online Library


Canadian Intellectual Property Office Creative Commons Canada: Canadian Copyright Copyright Board of Canada Fair Dealing in Canada Concordia University Copyright Guide Copyright Matters @ Western University Libraries Michael Geist Blog Directory of Open Access Journals MIT CourseWare Liquid Textbooks


Documents

Making an Informed Decision Presented by Lynne F. Murphy & Suzanne van den Hoogen April 6 th, 2011 Copyright April 2011