Copyright Is Not a Choose Your Own Adventure Meaghan Shannon, Copyright Services Officer at Fanshawe College m_shannon2@fanshawec.ca Jason Bird, Manager of Library Services at Sault College jason.bird@saultcollege.ca

Intellectual Property Law What is Copyright? Intellectual Property Law Patents, Trademarks, Trade Secrets & Copyright Copyright: a legal mechanism that protects the moral and economic rights of content creators and their works* * artistic, dramatic, literary, &musical works + performers’ performances, sound recordings, & broadcast signals Works enter the Public Domain 50 years after the content creator’s death (will change to 70 years after the content creator’s death when USMCA comes into force) Moral Rights Economic Rights Integrity Association Attribution Reproduction Conversion/Transfer Distribution/Rent/Sale Exhibition Public Performance First publication Communication Translation Authorization

Fair Dealing Allowance Condition Fair dealing for the purpose of: Research, Private study, Criticism, Review, Education, News Reporting, Parody, or Satire does not infringe copyright… …if the following are mentioned: the source, and if given, the name of the i) author (if a work), ii) performer (if a performance), iii) maker (if sound recording), or iv) broadcaster (if communication signal). Section 29 – 29.2

Is it Fair Dealing? Consider these 6 Factors when determining whether the dealing with a work is likely to be found fair: Purpose of the dealing, Character of the dealing, Amount of the dealing, Availability of Alternatives, Nature of the work, Effect of the dealing on the work. CCH Canadian Ltd. v Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13

Management & Maintenance of Collection Allowance Conditions Restrictions (1) It is not an infringement of copyright for a library, archive or museum or a person acting under their authority, to make, for the maintenance or management of its permanent collection or the permanent collection of another library, archive or museum, a copy of a work or other subject matter, whether published or unpublished, in its permanent collection. a) The original is rare or unpublished and is (i) deteriorating, damaged or lost or is (ii) at risk or deterioration or becoming damaged; b) The copy is for the purposes of on-site consultation is the original cannot be viewed, handled or listened to because of its condition or atmospheric conditions; c) The copy is an alternative format if the original format is obsolete, becoming obsolete or technology to use the original is obsolete or becoming obsolete; d) The copy is for the purpose of internal record-keeping and cataloguing; e) The copy is needed for insurance purposes or police investigation; or f) The copy is necessary for restoration. (2) a), b), and c) do not apply when an appropriate copy is commercially available in a medium and of a quality that is appropriate for the purpose. (3) If an intermediate copy must be made in order to make a copy, the intermediate copy must be destroyed as soon as it is no longer needed. Section 30.1

Copies of Articles for Research, etc. Allowance Conditions Restrictions It is not an infringement of copyright for a library, archive or museum or a person acting under their authority to (1) do anything on behalf of any person that the person may do personally under section 29 or 29.1. (2) make, by reprographic reproduction, for any person requesting to use the copy for research or private study, a copy of a work that is, or that is contained in an article published in (a) a scholarly, scientific, or technical periodical or (b) a newspaper, periodical. (3) do (1) or (2) on behalf of a patron of another library, archive or museum that it is authorized to do on behalf of one of its own patrons. (4a) The person is provided with a single copy of the work. (4b) The library, archive or museum informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question. (2b) The newspaper or periodical was published more than one year before the copy is made. (5.1) Where an intermediate copy is made in order to copy a work, once the copy is given to the patron, the intermediate copy must be destroyed. (5.02) A library, archive or museum may provide a copy in digital form to a person who has requested it through another library, archive or museum if the providing library, archive or museum or person takes measures to prevent the person who has requested it from: Making any reproduction of the digital copy, including any paper copies, other than printing one or it; Communicating the digital copy to any other person; and Using the digital copy for more than five business days from the day on which the person first uses it. Section 30.2

Works Deposited in Archive Allowance Conditions (1) It is not an infringement of copyright for an archive to make, for any person requesting to use the copy for research or private study, a copy of an unpublished work that is deposited in the archive and provide the person with it. (3) The archive may copy the work only on the condition that: The person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying; and Copying has not been prohibited by any other owner of copyright in the work. (3.1) The archive may provide the person for whom a copy is made with the copy on the condition that: The person is provided with a single copy of the work; and The archive informs the person that the copy is to be used solely for research or private study and that any use of the copy for a purpose other than research or private study may require the authorization of the copyright owner of the work in question. Section 30.21

Reproduction in Alternate Format Allowance Restrictions (1) It is not an infringement of copyright for a person with a perceptual disability, for a person acting at the request of such a person or for a non-profit organization acting for the benefit of such a person to: Make a copy of a sound recording of a literary, musical, artistic or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; Translate, adapt or reproduce in sign language a literary or dramatic work, other than a cinematographic work, in a format specially designed for persons with a perceptual disability; or Perform in public a literary or dramatic work, other than a cinematographic work, in sign language, either live or in a format specially designed for persons with a perceptual disability. (2) Does not apply to the making of a large print book. (3) Does not apply where the work or the sound recording is commercially available in a format specially designed to meet the needs to any person referred to in that subsection, within the meaning of paragraph (a) of the definition ‘commercially available’: available on the Canadian market within a reasonable time and for a reasonable price and may be located with reasonable effort. Section 32

Assessing Online Content Works that are Publicly Available through the Internet Section 30.04 Avoid works made available through the Internet if… (3) The work or the site where the work is posted is protected by a technological protection measure that restricts access to the work. (4) A clearly visible notice prohibiting that act is posted at the site where the work is posted. (5) The work was made available through the Internet without the consent of the copyright owner. The video you are trying to watch cannot be viewed from your current location. Section 30.04 Image Sources: freelargeimages.com, thenounproject.com

Assessing Online Content: Netflix Not “Publicly Available” through the Internet. Employs Technological Protection Measures. Clearly Visible Notice not present on each work but Terms and Conditions will have been agreed to. Works have been made available with consent of the copyright owner. You cannot use Netflix in the classroom for educational purposes or for any other public performance as per the Netflix Terms and Conditions: 4.2. The Netflix service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Netflix membership we grant you a limited, non-exclusive, non-transferable right to access the Netflix service and view Netflix content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

Assessing Online Content: Article Request: “Just wondering... am I allowed to reprint this article (see below) in my February school newsletter.  You know all the ins and outs of copyright law, and I don't want to try to figure it out on my own.” Article: Most Common Mistake Parents Make About Reading to their Child by: Aisha Sultan, St. Louis Dispatch, Feb 1, 2015 Can this request be granted? “Our Intellectual Property - This Site and the content on the Site is owned by us and third party providers and is protected by U.S. and international copyright, trademark and other intellectual property laws. This Site and the content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only.”: https://www.stltoday.com/help/terms-of-service/ Article is “Publicly Available” through the Internet. Does not employ Technological Protection Measures. Clearly Visible Notice not present on article but Terms of Service available on website. Works have been made available with consent of the copyright owner.

Assessing Online Content: Inter-Library Loan Example from Sault College Sault College Faculty requested an article from another college SC Library receives the article from a loaning library Faculty then requests to place this article in the Learning Management System (LMS) Can this article be placed in the LMS automatically? No, SC library needs to inquire with the loaning library about the terms and conditions of the publication to see if this is allowed Loaning library confirms that because there subscription is for a print version (of Families in Society Journal) a copy can be placed on our LMS in accordance with ACCC (CICAN) Fair Dealing Guidelines.

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Questions? Meaghan Shannon, Copyright Services Officer at Fanshawe College m_shannon2@fanshawec.ca Jason Bird, Manager of Library Services at Sault College jason.bird@saultcollege.ca