Copyright & Licensing Ernie Howe & Karen Adams NEOS May, 2002

Ernie - Licensing guru at UofA Karen - Chair, CLA Copyright Committee Background

Definition “ sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public, or if the work is unpublished, to publish the work or any substantial part thereof…”

Copyright Owner author composer sculptor choreographer architect performer

National treatment - works from other countries Published works Unpublished works Works Protected

Term of copyright life of the author, plus 50 years OR 50 years after “publication” OR 75 years after “making ”

Infringement doing, without permission, anything that only the copyright owner has the right to do person who copies is the infringer

Fair Dealing “for the purpose of research or private study” “for the purpose of criticism or review” “for the purpose of news reporting”

Library exceptions import single copy make a single copy of a work not commercially available –rare, unpublished –deteriorating, damaged, lost, or at risk –cannot be handled –new format –record-keeping and cataloguing –insurance and police investigations –restoration

Library exceptions Library staff protected by fair dealing single copy for research or private study –scholarly, scientific or technical article –“popular” articles older than one year –not a digital copy

CANCOPY Agreement 10% of a publication, or more if it is: –entire book chapter –entire short story, play, essay, article, poem –entire entry from dictionary or encyclopedia –entire artistic work from a book or periodical –entire newspaper article or page –entire item of print music from a book or periodical –an artistic work from a book or periodical

Not Covered by CANCOPY Agreement Works on the exclusion list Workbooks Printed music Commercial newsletters Government documents Advertising Electronic text Unpublished/archival works Original art and prints Slides Instruction manuals Letters to the editor

CANCOPY & ILL to non-profits the non-exclusive right to make Copies of Published Works for use... in interlibrary loan to other non-profit educational institutions and non-profit libraries, archives, and museums digital transmission for the purposes of interlibrary loan permitted; hard copy delivery only

CANCOPY & ILL to non-profits no copying shall exceed 10% of a Published Work or the following, whichever is greater... b) an entire single short story, play, poem, essay or article from a book or periodical issue (including a set of conference proceedings) containing other works...

CANCOPY & ILL to for-profits Copies of Published Works for sale to or use by any persons or entities other than non-profit educational institutions, libraries, archives digital transmission for the purposes of interlibrary loan permitted; hard copy delivery only

CANCOPY & ILL to for-profits 15% of a Published Work or the following, whichever is greater: –(a) an entire newspaper article or a page; –(b) an entire single article from a journal, magazine, or periodical issue (including a set of conference proceedings) containing other works; –(c) an entire chapter which is 20% or less of a book.

CANCOPY & ILL to for-profits The Institution shall not engage in systematic, cumulative copying of the same Published Work for the same user within the same calendar year beyond the limits set out in clause 2 of this Schedule

(IN)CONCLUSIONS re ILL No CANCOPY license - sec 30.2 applies - refers to purpose, nature of material, single copy CANCOPY among non-profits -‘an entire... article from a book or periodical issue’ CANCOPY for profit - ‘an entire single article’ but not ‘systematic, cumulative copying of the same Published Work for the same user within the same calendar year’

E-Issues Making available Technological protection measures Rights management information ISP liability Institutional exemption from liability for client use Standard form contracts

Links ex.cfm (post secondary CANCOPY license) (links to the Act, position papers, CANCOPY)