Copyright … Matters Cindy Paul | Copyright Officer | Learning Services © UA Learning Services 2011

Overview Copyright Basics Rights of Ownership User Rights Teaching Permissions

Federal legislation – the Copyright Act Exclusive rights for owners Recognition, control and payment Rights are time-limited Exceptions for public use Copyright Basics

Idea expressed in tangible form Involves intellectual effort Reflects skill & judgment Is not a copy or derivative Creating a new work

Copyright exists upon creation Literary, Artistic, Dramatic, Musical In Canada, term = life + 50 years Public Domain Owner = Author? Publisher? © Year Name of Owner More Basics

Economic Rights (s.3) Produce or reproduce - substantial part in any material form Perform; publish; telecommunication; public exhibition; translate; covert…etc. Right to authorize Moral Rights (s.14) Integrity; pseudonym; association; anonymity Rights of Ownership

Produce or reproduce (substantial part) - without permission “It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do.” - Canadian Copyright Act, s.27 Infringing Copyright

“User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation” CCH v. LSUC 2004 Supreme Court of Canada User Rights

Fair dealing (s.29) Justifies substantial borrowing: -research, for the purpose of ….(insert activity) -private study -review or criticism -news reporting (current events reporting) Fair Dealing

√ √ Free from bias, dishonesty, injustice or discrimination √ √ Good faith √ √ Comment, review or criticism   Conveys same information for rival purpose   Excessive copying; i.e. cumulative (over term)   Trivial changes; no intellectual effort Deciding “Fairness”

Fairness: Six-step Analysis More fair Less fair 1.Purpose - research/educational vs. commercial 2.Character - one-time use/limited distribution vs. ongoing use/wide distribution 3.Amount – using only enough to fulfill purpose? 4.Alternatives – is a non-copyright substitute available? Is including the material necessary for understanding? 5.Nature – greater exposure vs. confidential 6.Effect – does dealing compete with original in Marketplace? No (more fair), or yes(less fair).

PUBLISHED WORKS up to 10%, or one (1) chapter, not to exceed 20%, or an entire article, short story, play, poem essay, artistic work, or musical score, from a book or periodical publication. an entire entry from a reference book (ie. encyclopaedia, dictionary, or bibliography) COMMERCIAL TEXTBOOKS up to 5%, or one (1) chapter, an entire short story, play, poem, essay, artistic work, musical score, not to exceed 10% You CANNOT copy: unpublished works, commercial tests, workbooks, manuals, exams, newsletters, or business cases. UofA Fair Dealing Practice Institutions may develop a fair system or practice…

In Class Instruction (s.29.4) Overheads Tests or Exams Performances Taping Radio and TV Programs Public Performance of Musical Works Exceptions for Education

You own copyright (original material) Insubstantial use (i.e. short quotes) Educational exception applies Copyright expired=public domain Fair Dealing (i.e. criticism or review) Proceed When…

UofA Practice: Images See Copyright Office website: Guidelines for Using Images

Search “royalty-free” or “public domain” Copyright and/or royalty-free content –Textbookrevolution.org –Project Gutenberg –Jamendo.com –Pics4learning.com For-fee private collections –Photos.com –Clipart.com Royalty Free Content

Creative Commons –‘some rights reserved’ – Library e-resources  ‘authorized’ users Showing a feature film –Audio Cine Films –Criterion Pictures Licensed Material

Assign a textbook Library e-resources Create links / persistent links Reading lists Library reserve Supplemental vs. required Course Readings

UofA Practice: Supplemental Readings See Copyright Office website: Supplementary Course Readings

UofA Copyright Office - Clearance ServiceClearance Service Complete and submit the online “Copyright Clearance Request Form” Plan ahead (ideally 6-8 weeks) Method of distribution (i.e. CMS, , course pack; etc.) Fees: method of distribution – either students or department Assisted Clearance

Determine copyright owner Compose request (modify sample)sample List all possible uses, i.e. print, digital, Duration? i.e. one class; in perpetuity In writing ( is fine) Pay royalty/fees, if any Send a copy of approval to UA Copyright Office Retain documentation Asking Permission

Questions?

Copyright and Licensing Office Cindy Paul, Copyright Officer 5-07 Cameron Library Contact