Transcript Copyright Chaos

Presentation created for the
Intel® Teach to the Future program
by
Knowledge House Inc.
© 2000 Intel
October 2000
Canadian Copyright Act
• Became law in January 1924 and was
amended in 1988 (Phase I)
• The second phase amendments were
completed in 1997 when Bill C-32 was
proclaimed law. (Phase II)
• Exception for Educational Institutions
regulations proclaimed in 1999.
© 2000 Intel
What is Copyright?
• “Copyright is the right of a creator of a work to
prevent others from using his or her work
without permission.
© 2000 Intel
What is Copyright?
• A creator of a work has the exclusive right to
say yes or no to various uses of a work such
as reproducing it adapting and translating it,
transmitting and performing it in public.”
(Canadian Copyright Law by Leslie Ellen
Harris, Mcgraw-Hill Ryerson, Whitby, ON,
1995)
© 2000 Intel
But…But...
• Just because something is on the web or posted
to Usenet does not mean it is not copyright
protected.
• Even if something is sent to you via email, it
does not mean it is free for you to use.
• You should assume a work is copyrighted and
may not be copied, unless you know otherwise.
© 2000 Intel
© 2000 Intel
Fair Dealing
• The copyright act says that in certain
situations, the use of a work without
authorization does not constitute a copyright
infringement because it is considered “fair
dealing”.
© 2000 Intel
What is “fair dealing”?
Not an infringement of copyright
• A substantial portion of any work may be used for
purposes such as private study, research,
criticism, review or newspaper summary.
• The source and name of the author or copyright
owner must be indicated.
© 2000 Intel
Fair Dealing
Fair Use
• The American concept of “fair use” is broader
and covers criteria like the purpose of the
use, the effect on the potential market and the
value of the work.
• These are not necessarily considered in
Canada.
© 2000 Intel
What is “fair use”?
The “fair use” provision of the United States
Copyright Act states:
“The fair use of a copyrighted work, including such
use by reproduction in copies or phonorecords or
by any other means specified by that section, for
purposes such as criticism, comment, news
reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an
infringement of copyright.”
© 2000 Intel
“Fair Dealing” in Canada
• Does not cover teaching (including multiple
copies for classroom use) like the United
States Copyright Act does.
• It is not as broad as the United States
Copyright Act especially for teachers. Anytime
you hear “fair use” you know you are dealing
with the American context.
© 2000 Intel
© 2000 Intel
1997 Copyright Amendment
• Permits educational institutions to use, in
specified ways, without permission, and, in
some cases, without paying royalties,
material protected by copyright.
© 2000 Intel
Who benefits?
• “Educational institutions” and “persons acting
under the authority of the educational
institution” which are non-profit institutions
providing pre-school, elementary, secondary
and post-secondary, continuing, professional
or vocational education or training.
• Includes school libraries.
© 2000 Intel
Educator Guidelines
• Educators may:
 copy a work by hand onto blackboards, flip
charts and similar display spaces.
 copy a work for use on an overhead projector
or similar device.
 make a copy, perform, translate or
communicate by telecommunication for the
purposes of an examination or test.
© 2000 Intel
The exception does not apply:
if there is a “motive of gain.” An educational
institution may recover costs but may not make a
profit.
if the work is “commercially available” in a medium
or format that is appropriate for the teacher’s
purpose.
if the materials are used “off the premises” of the
institution.
© 2000 Intel
May students perform a copyrighted play
in the classroom without permission?
Yes but:
•
•
•
•
it must be on an educational premises.
it must be for educational or training purposes.
it must not be for profit.
the audience must be primarily students and
teachers from the institution.
• it must not involve “motive of gain”.
© 2000 Intel
May sound recordings be played in the
classroom without copyright permission?
Yes but:
•
•
•
•
it must be on educational premises.
it must be for educational or training purposes.
it must not be for profit.
the audience must be primarily students and
teachers from the institution.
• it must not involve “motive of gain”.
© 2000 Intel
May radio and television programs be
played in the classroom without
permission from the copyright owner?
Yes but:
• in addition to the same 5 conditions applying
you may only do this at the same time the
program is aired.
• you can not rent the same program at the video
store and show it to your class unless you have
“public performance rights”.
© 2000 Intel
May a teacher copy news and news
commentary from radio and television
programs without permission?
Yes, with the following restrictions!
• An educational institution may make a single
copy at the time the program is aired and use
the copy only on their premises for educational
and training purposes.
• It may be shown any number of times.
• After one year it must be erased or paid for.
© 2000 Intel
May a teacher copy other kinds of
radio and television programs without
permission?
Yes, with the following restrictions!
• An educational institution or teacher may make
a single copy at the time the program is aired.
• A teacher may examine the copy for up to 30
days.
• After 30 days the copy must be erased or
purchased.
© 2000 Intel
A further provision for non-profit
educational institutions that is not
an infringement of copyright is
when the educational institute is
part of a licensing agreement with
a collective such as CANCOPY.
© 2000 Intel
With CANCOPY license
You MAY copy
Books
Magazines
Newspapers
Journals
Up to 10% or more than 10% if it is:
© 2000 Intel
More than 10% if it is:
A whole chapter from a book
A short story, play, essay or poem from
an anthology
A newspaper, magazine or journal
article
An entry from a reference work
An artistic work
© 2000 Intel
Make the copies you need
A class set
Two for the teacher
As many as needed for library and
administrative purposes, including
communication with parents
© 2000 Intel
You may
 Photocopy
 Fax
 Type
 Word process (without changes)
 Duplicate from a stencil
 Copy onto a microform
 Make slides and overheads
 Copy into alternate format
© 2000 Intel
You may not copy
Any print music
Workbooks
Work cards
Government publications
Publications which have a notice
excluding them from CANCOPY
Printouts made from CD-ROMS, the
Internet or over a computer network
© 2000 Intel
Since copyright only covers
“the work or any substantial
part thereof” you should, by
inference, be able to copy
any insubstantial part of
anything. There is a risk
however!
© 2000 Intel
Canadian Law has not defined what
constitutes an “insubstantial” part.
Australia and the United States say
– Up to 10%
– but no more than 30 seconds of music
and lyrics from a single musical work
© 2000 Intel
Attribution & Acknowledgement
• Credit the sources and display the copyright
notice © and copyright ownership information
for all incorporated works including those
prepared under fair dealing.
• Copyright ownership information includes:
– © (the copyright notice)
– year of first publication
– name of the copyright holder
© 2000 Intel
What About Software?
• Use of software does not fall under
fair dealing!
• Public or private educational institutions
are not exempt from the software
copyright laws.
• When you purchase software, you are
only purchasing a license to use the
software – you don’t own it.
© 2000 Intel
But I may make copies for my
own use…right?
• Anyone who purchases a license for a
single copy of software has the right to
load it onto a single computer and to
make another copy "for archival
purposes only."
• Any other use than “archival” must be
approved by the copyright owner.
© 2000 Intel
Unless you have specific
permission from the copyright
owner…
It is illegal to:
• purchase a single user license and load it
onto multiple computers or a server,
• download copyrighted software from the
Internet or bulletin boards, or
• load the software your school purchased
onto your computer at home.
© 2000 Intel
What About Shareware?
• Shareware is software that is passed out
freely for evaluation purposes only.
• You are allowed to try it out before you pay
for it.
• Evaluation time is usually 30 days.
• If you wish to keep the software program,
then you must pay to keep your evaluation
copy.
• Shareware is often fairly inexpensive.
© 2000 Intel
Freeware is Free…Right?
Freeware is also covered by copyright laws and
subject to the conditions defined by the holder
of the copyright.
• You may distribute freeware, but not make
any money on it.
• You may modify and build other software
programs based on the freeware, but those
“new” programs cannot be sold for profit.
© 2000 Intel
Only public domain software is
truly “free!”
• Copyright rights have been relinquished.
• There are no distribution restrictions.
• You can modify the original software and
build new software.
• You can sell your modified software.
© 2000 Intel
Why Should Teachers Follow
Software Copyright Laws?
• You should set a good example for your
students.
• Future software can only be developed
for a reasonable price if the software
firm/developer receives payment for its
efforts.
• And then there is the matter of
penalties...
© 2000 Intel
Penalties
• For the unauthorized use and copying of
software, penalties include:
– Fines up to the actual amount of damages to
the copyright holder or,
– statutory damages up to $20,000 per
infringed work where the court finds there
was willful infringement.
– And if guilty under the criminal sections of
the law:
up to five years imprisonment and/or.
fines up to $1,000,000.
© 2000 Intel
© 2000 Intel
Phase III
• Bill C32 was not generally intended to
deal with digital issues.
• The government has begun Phase III of
the Revision of the Copyright Act
• This phase will deal with the Internet
and other media issues
© 2000 Intel
Sources Consulted
and For More Information...
Canadian Copyright Law: Revisions and Challenges
by Lesley Ellen Harris, a Copyright & New Media lawyer, for Cable in the
Classroom Magazine, Fall 1997
http://www.cableducation.ca/cic/magazine/fall97/english/copyright.html
Copyright Circulars: Circular No. 12 Exceptions for
Educational Institutions
Canadian Intellectual Property Office, Industry Canada, October, 1, 1999.
http:strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_circ_12-e.html
© 2000 Intel
Sources Consulted
and For More Information...
A Practical Guide On Copyright Clearance for
Multimedia Producers
by Department of Canadian Heritage and the Interactive
Multimedia Producers Association of Canada,
http://www.pch.gc.ca/culture/cult_ind/copymm_e.htm
Copyright in Canada
by Media Awareness Network, July 1998
http://www.mediaawareness.ca/eng/med/class/edissue/copyrigt.htm
What is Copyright?
by CanCopy
http://www.cancopy.com/copyright/
Sources Consulted
and For More Information...
Canadian Library Association Copyright
Information
A very comprehensive site with links to the
Copyright Act and regulations
http://www.cla.ca/resources/copyrigt.ht
m#interpret
© 2000 Intel
© 2000 Intel