Copy “Right” @ McMaster The Campaign for McMaster University The Campaign for McMaster University Copy “Right” @ McMaster Anne Pottier & Sarah O’Byrne October 22, 2013 www.copyright.mcmaster.ca

Nothing in this presentation constitutes legal advice. Legal Disclaimer Nothing in this presentation constitutes legal advice.

Outline What has changed regarding © at MAC Copyright Modernization Act Fair dealing policy Access Copyright agreement What you need to know about © when: Selecting course materials Setting up a course website Presenting in the classroom Author’s Rights Open Access Questions

What’s New March 1, 2012 – Board of Governors approved Fair Dealing Policy June 25, 2012 – MAC signs license with Access Copyright June 29, 2012 – Copyright Modernization Act receives Royal Assent (i.e. becomes law – but is not yet in effect). It is at the order-in-council process. July 12, 2012 – Supreme Court hands down 5 copyright judgments, affirming fair dealing August 2013 – AUCC produces revised Fair Dealing Guidelines

Copyright Modernization Act Key changes for Educational Institutions: Fair Dealing Exception: The fair dealing exception includes three new purposes: education, parody or satire. This expands the existing exceptions: research and private study, criticism, review and news reporting. It expands fair dealing to recognize education in a structured context as a legitimate purpose.

NB: Can use someone’s work under fair dealing, provided that the use of the work is ‘fair’. Whether something is 'fair' will depend on the circumstances, including the amount used, the character and purpose of the use, the nature of the work, the effect of the use on the work and whether there were any appropriate alternatives. (CCH Canada Ltd. V. Law Society of Upper Canada)

Copyright Modernization Act Expanded Educational Exceptions: reproduce a work, or do any other necessary act, in order to display it (for the purposes of education or training on its premises); perform a film or other cinematographic work in the classroom, as long as such work is not an infringing copy and was legally obtained; and

reproduce, communicate by telecommunication and perform for students, legitimately posted works that are available through the Internet, provided that the source and author are attributed, unless: the works are protected by “digital locks”; a clearly visible notice (and not merely the copyright symbol alone) prohibiting such act is posted on the website or on the work itself; or the educational institution knows or should have known that the works are available on the Internet in violation of the copyright owner’s rights.

Lessons by Telecommunication An educational institution for the purposes of education or training may communicate lessons via telecommunication and distance learning to students enrolled in the course and record such lessons. The student can also make a copy of such telecommunicated lesson to be viewed or listened to at a later time, provided that: - the student and the institution must destroy the recording or copy within 30 days after receipt by students of their final course evaluations; - the institution must take measures to limit the audience to students only, and to protect the lesson itself

Fair Dealing Policy The Fair Dealing policy was adopted by all AUCC members; it was approved by both Senate and BOG Updated policy approval – this fall This policy outlines the copying of published works that can be made in print or electronic format by a university through its staff and faculty members under the exception for fair dealing in sections 29 to 29.2 of the Copyright Act, without seeking permission of the copyright owner. The Fair Dealing policy does not address exceptions in the Copyright Act other than fair dealing.

Fair Dealing Policy - continued The Fair Dealing policy does not restrict any copying our institution is permitted to do under arrangements we may have with publishers – eg. CRKN licenses Where there is a conflict between the terms of a license agreement and the FD Policy, the terms of the license agreement apply The Fair Dealing policy permits the making of copies, in paper or electronic form, of short excerpts from copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire or parody.

Fair Dealing Policy - continued Copying or communicating short excerpts for the purpose of news reporting, criticism or review must mention the source, and if given in the source, the name of the author or creator of the work. A copy of a short excerpt may be provided or communicated to each student enrolled in a class or course as a class handout, a posting to content management system (as long as access is restricted to students of the university) or as part of a course pack Some examples of a short excerpt : a single article from a journal, one chapter from a book, up to 10% of a copyright-protected work

Fair Dealing Policy - continued The Fair Dealing policy asks that each institution appoint a person who will make decisions on whether copying outside the scope of the copying guidelines are for one of the fair dealing purposes of research, private study, review, criticism or new reporting, and in all the circumstances, whether the making of the copies is fair. We currently have a Copyright Advisory Group which works together to make these decisions The Fair Dealing Policy has been updated recently and is currently waiting for approval by Senate and the Board of Governors. http://www.copyright.mcmaster.ca/Fair_Dealing_Policy

Access Copyright Agreement Access Copyright is a not-for-profit collective society that represents the reproduction rights of rights holders, and grants licenses for the use of copyright-protected published works. AC filed a tariff with the Copyright Board of Canada, the Access Copyright Post-Secondary Educational Institutions Tariff, 2011-2013, to cover the reproduction of published works by post-secondary educational institutions across Canada, excluding Quebec.

Access Copyright Agreement - continued This agreement permits institutions to legally reproduce copyright-protected works in ways that would be outside the scope of fair dealing, or any other applicable exception, under the Copyright Act. The term of this agreement is from January 1, 2011 to December 31, 2015. Must check both the AC Inclusions List (print) and Inclusions List (digital) to see if the content is included in their repertoire

Access Copyright Agreement - continued For published works in Access Copyright’s repertoire, you can: Photocopy, fax, scan and print Store copies, such as on a hard drive, USB or secure network Transmit by email, upload or post copies within a secure network Project and display copies – eg. Overheads, monitors, interactive whiteboards Make copies for purposes of interlibrary loan, creating alternate format copies and managing library collections Create course collections (paper copies of published works assembled into coursepacks or digital copies of published works that are emailed, linked, posted on, uploaded to or stored on a secure network)

Access Copyright Agreement - continued You may copy up to 10% of a repertoire work or make a copy of a repertoire work that is: An entire article, short story, play, essay or poem An entire article or page from a newspaper or periodical An entire entry from an encyclopedia or similar reference work One chapter of a book, provided that the chapter is no more than 20% of that book You may copy up to 20% of a repertoire work or any of the above for a Course Collection and for certain library collection management purposes http://www.copyright.mcmaster.ca/Access_Copyright_Agreement

What Does All This Mean For You? Selecting Course Material Print reserves – instructors are welcome to place ONE copy of a textbook on reserve, but this must be an instructors copy, since the library does not purchase textbooks Instructors may also place an article or a chapter of a book on reserve The preferred method is to create a reading list with embedded durable links which will take students directly to the content

What Does All This Mean For You? Coursepacks – the staff in the Custom Courseware department determine whether the material you have requested is covered by either our Access Copyright agreement or Fair Dealing Policy and submit all necessary records to Access Copyright. For materials not covered by either of these, they will arrange transactional permissions with the publisher or author, and pay any required royalties. NB: the sooner you get your requests in the more likely your coursepacks will be ready when term starts!

What Does All This Mean For You? Avenue to Learn – under the current Access Copyright agreement you are permitted to post articles, etc to A2L or other course websites accessible only to students in a specific course NB: our AC agreement expires in 2015. At this time we cannot predict whether we would renew this agreement or choose to manage all copyright requests internally. We would recommend the use of durable links to make future transition easier.

What Does All This Mean For You? Instructors Own Materials Posting an instructors work on Avenue to Learn ✓ Can post an instructors own original materials on Avenue to Learn provided s/he still holds the copyright or have retained the right to post online - e.g. Course notes and outlines Slides (if third party © material is included, it will likely be covered by fair dealing, new Copyright Act amendments or Access licence) ✓ An instructors own articles, if s/he has retained the right – they should check their publishing agreements

What Does All This Mean For You? Website Materials Can post internet materials to Avenue to Learn if: The website & author are identified The material is not protected by a ‘technological protection measure’ (e.g. password protection) There is no ‘clearly visible notice’ prohibiting educational use The work has been posted legitimately

Your Checklist ✓ Has the material been posted legitimately (i.e. by the or with the consent of the © owner)? ✓ There is no clearly visible notice prohibiting you from reproducing the content for educational use? ✓ There is no technological protection measure preventing access to the material or preventing copying of the material? ✓ You have acknowledged the author & website

Post or Link to Journal Articles You need to... Provide links to articles, e-Resources and Library Catalogue records in Avenue and other course Web pages that are stable over time and will work both on and off campus. The problem: Adding links the usual way (copying and pasting the URL that appears in your browser) doesn't always work since those URLs often contain variables that change every time the article or e-Resource is accessed. Also, the URLs you copy from your browser do not contain the code necessary to make off-campus access possible. The Solution: Use Digital Object Identifiers (DOI) or Persistent URLs and the information contained on these pages to create links that work! http://library.mcmaster.ca/linking

Public Domain Material Material in which the © term has expired © expires 50 years after the author dies Government Material Posting on Avenue to Learn: Canadian government Ontario government US government Must acknowledge the government as the author/source of the material

Presenting in the Classroom What instructors can do Display materials in class (ie. power point slides) Play sound recording Play films (new) You can play a movie or a video via the internet (ie. YouTube) provided that the work is not an infringing copy (i.e. legally obtained or purchased), and you do not circumvent a digital lock to access the work Copy news programs and news commentary programs at time of broad cast and play in class (new)

Open Access From Wikipedia “Open access (OA) is the practice of providing unrestricted access via the Internet to peer-reviewed scholarly research. It is most commonly applied to scholarly journal articles, but it is also increasingly being provided to theses, book chapters, and scholarly monographs”. Open access comes in two degrees: Gratis open access, which is no-cost online access, and Libre open access, which also includes some additional usage rights. These usage rights are often granted by the use of Creative Commons licenses.

Creative Common Licenses (CC) The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Every license helps creators — ‘licensors’ retain copyright while allowing others to copy, distribute, and make some uses of their work (at least non-commercially). Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts

Author’s Rights Depending on the type of copyright, author’s retain certain rights Generally, these ‘economic rights’ allow the author (or the person who has been assigned these rights) to authorize and seek payment for, or to prohibit certain uses of, the protected work. These uses include the reproduction of the work, its public display or performance, its adaptation, and its communication to the public (for example on the radio or television or via the Internet). Subject to special cases, the rights of the copyright owner are exclusive and distinct. Exclusive means that only the copyright owner has the right to control how his or her work is used. Distinct means that each right in the work is independent from the other rights.

Traditionally, once your work is accepted for publication, all rights, including copyright, go to the journal. This traditional method of publishing will inhibit your ability to use parts of your work in future projects, distribute copies to your peers, and place it on your own webpage. However, current OA initiatives, allow you to modify the publisher’s agreement and keep key rights to your work. As the author, you are the copyright holder of your work until you transfer/assign the copyright in a signed agreement.

CC Licenses ‘Author’s Rights’ Attribution Attribution-Share Alike Attribution-No Derivatives Attribution-Non Commercial Attribution-Non Commercial-Share Alike Attribution-Non Commercial-No Derivatives

Who to Contact Avenue2Learn Courseware Legal Library MPS / Printsmart McMaster Institute for Innovation and Excellence in Teaching and Learning (MIIETL) support.avenue@cll.mcmaster.ca, extension 24540 Courseware Donna Shapiro / Director, Titles Bookstore dshapiro@mcmaster.ca, extension 27445 Legal Sarah O’Byrne / Copyright Officer sobyrne@mcmaster.ca, extension 28640 Library Anne Pottier / Associate University Librarian pottier@mcmaster.ca, extension 22410 MPS / Printsmart Phil Poelmans / Manager, Media Production Services poelmans@mcmaster.ca, extension 24892

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