Presented by: Jody and Kenneth1 Copyright and Other Legal Issues in Distance Education Presented by Jody & Kenneth

Presented by: Jody and Kenneth2 Copyright and Other Legal Issues in Distance Education Copyright Overview Print Copyright Digital Copyright Intellectual Property Conclusion Digital copyright best practices Intellectual property best practices Wrap up

Presented by: Jody and Kenneth3 Copyright and Other Legal Issues in Distance Education Print Copyright

Presented by: Jody and Kenneth4 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright Questions to ponder… What is print copyright? What is print copyright? Why we need to examine this issue? Why we need to examine this issue? What are the copyright material? What are the copyright material? How do we obtain permission? How do we obtain permission? What is the submission process? What is the submission process?

Presented by: Jody and Kenneth5 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright What is print copyright? What is print copyright? Definition: Definition: “Copyright is the legal protection of literary, dramatic, artistic, and musical works, sound recordings, performances, and communications signals.” “Copyright is the legal protection of literary, dramatic, artistic, and musical works, sound recordings, performances, and communications signals.”

Presented by: Jody and Kenneth6 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright How is it enforced? How is it enforced? Copyright collectives: Copyright collectives: Administers the legal right under the Copyright Act on the behalf of copyright owners and rights owners who are part of the collective (CanCopy, COPIBEC, VEC, Audio Cine Films, and ERCC) Administers the legal right under the Copyright Act on the behalf of copyright owners and rights owners who are part of the collective (CanCopy, COPIBEC, VEC, Audio Cine Films, and ERCC) Individual compliance complaints Individual compliance complaints

Presented by: Jody and Kenneth7 Copyright and Other Legal Issues in Distance Education Print Copyright Why do we need to examine this? Why do we need to examine this? Original thinking Original thinking Plagiarism Plagiarism Educate the users Educate the users

Presented by: Jody and Kenneth8 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright What types of material are copyright? What types of material are copyright? Literary works Literary works Dramatic works Dramatic works Musical works Musical works Artistic works Artistic works

Presented by: Jody and Kenneth9 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright How do we obtain permission? How do we obtain permission? Locate author using copyright collective database Locate author using copyright collective database Locate publishers using directories Locate publishers using directories Find out who inherited right if the person is not alive Find out who inherited right if the person is not alive

Presented by: Jody and Kenneth10 Copyright and Other Legal Issues in Distance Education Print Copyright Print Copyright What is the submission process? What is the submission process? Register and obtain license from the Copyright Board of Canada Register and obtain license from the Copyright Board of Canada $65 cost filed with Copyright Board of Canada $65 cost filed with Copyright Board of Canada Copyright expires 50 years following the end of the calendar year of the creator's death Copyright expires 50 years following the end of the calendar year of the creator's death

Presented by: Jody and Kenneth11 Copyright and Other Legal Issues in Distance Education Print Copyright Resources Print Copyright Resources Copyright Collective Societies Copyright Collective Societies Copyright Matters for Teachers Copyright Matters for Teachers Guide to Copyright Guide to Copyright Access Copy Access Copy

Presented by: Jody and Kenneth12 Copyright and Other Legal Issues in Distance Education Digital Copyright

Presented by: Jody and Kenneth13 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright Questions to ponder… What is digital copyright? What is digital copyright? How do we obtain permission? How do we obtain permission? What are some of the difficulties encountered? What are some of the difficulties encountered? How do we protect material we post digitally? How do we protect material we post digitally?

Presented by: Jody and Kenneth14 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright What is digital copyright? What is digital copyright? Definition: Definition: “Digital copyright is the legal protection of text, music, images, and other copyright material in a multimedia product.” “Digital copyright is the legal protection of text, music, images, and other copyright material in a multimedia product.”

Presented by: Jody and Kenneth15 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright How do we obtain permission? How do we obtain permission? 1. Identifying the rights holders 2. Successfully locating and contacting them 3. Negotiating agreements for the use of the work 4. It is not uncommon to require permission from a numerous owners of copyright in the photographs, images, and video clips, performances and music contained in a typical multimedia work

Presented by: Jody and Kenneth16 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright What are some of the difficulties encountered? What are some of the difficulties encountered? Owner may not respond Owner may not respond Perceived infringement - Perceived infringement - sole right to produce or reproduce your work, through publication, performances and so on, or to authorize such activities.

Presented by: Jody and Kenneth17 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright What are some of the difficulties encountered? What are some of the difficulties encountered? Moral Rights Infringement  By selling your copyright to someone else, you still retain what are called "moral rights". This means that no one, including the person who owns the copyright, is allowed to distort or otherwise modify your work in a way to show prejudice to your honour or reputation. Your name must also be associated with the work as its author. In addition, your work may not be used in association with a product, service, cause or institution without your permission.

Presented by: Jody and Kenneth18 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright What are some of the difficulties encountered? What are some of the difficulties encountered?  Certain provisions in the current law need to be changed and updated to reflect digital technologies  Amend the Copyright Act to make it clear that "electronic publication" (i.e. the making available to the public of a work in such a way that members of the public may access the work from a place and at a time individually chosen by them) is the equivalent of "publication" for the purposes of the Act  the term "publication" is defined so as to specifically exclude "communication to the public by telecommunication" as a mode of "publication". As a consequence, works "published" via the Internet, etc. technically remain "unpublished" works, unless they are also "published" through conventional means of distributing copies

Presented by: Jody and Kenneth19 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright How do we protect material we post digitally? How do we protect material we post digitally? File a COPYRIGHT Application for registration File a COPYRIGHT Application for registration Set up an exclusive site or bulletin board which only members can access Set up an exclusive site or bulletin board which only members can access set up an Internet Site, where the public can request through than certain material be delivered set up an Internet Site, where the public can request through than certain material be delivered

Presented by: Jody and Kenneth20 Copyright and Other Legal Issues in Distance Education Digital Copyright Digital Copyright How do we protect material we post digitally? How do we protect material we post digitally? Technological Enforcement Measures  Encryption – code to decrypt material  Fingerprinting – electronic fingerprint to determine original owner  Tagging – insert notice tag all over copyright material  Copy Prohibition – bits inserted into material which when read by machine disables copying  Digital Coding – digital codes used in soundtracks to prevent tampering and copying

Presented by: Jody and Kenneth21 Copyright and Other Legal Issues in Distance Education Digital Copyright Resources Digital Copyright Resources Canadian Copyright and the Internet Canadian Copyright and the Internet Copyright Reform Process Copyright Reform Process Copyright Protection for Computer Programs Copyright Protection for Computer Programs Guide on Copyright Clearance for Media Products Guide on Copyright Clearance for Media Products

Presented by: Jody and Kenneth22 Copyright and Other Legal Issues in Distance Education Intellectual Property

Presented by: Jody and Kenneth23 Copyright and Other Legal Issues in Distance Education What is Intellectual Property (IP)? An intellectual property is any product of the human intellect that is unique, novel, and unobvious (and has some value in the marketplace). Examples of IP are: an idea, invention, literary creation, business method, computer process or presentation.

Presented by: Jody and Kenneth24 Copyright and Other Legal Issues in Distance Education Why do we need to examine this (IP)? Commercialization Commercialization Advancement in technology Advancement in technology Risk of loss of control Risk of loss of control

Presented by: Jody and Kenneth25 Copyright and Other Legal Issues in Distance Education Historical IP Process Historical IP Process Libraries Publishers Authors Changing IP in the Digital World Changing IP in the Digital World Commercialization Advancement of Technology Loss of Control

Presented by: Jody and Kenneth26 Copyright and Other Legal Issues in Distance Education Who owns online course materials? Who owns online course materials? Under Canadian law, all work created for an employer by an employee is owned by the employer Some universities are sharing the spoils of ownership with faculty members -- as an incentive for them to create on-line courses -- while others are not. No clear blueprint has yet emerged

Presented by: Jody and Kenneth27 Copyright and Other Legal Issues in Distance Education Canadian IP Process Canadian IP Process

Presented by: Jody and Kenneth28 Copyright and Other Legal Issues in Distance Education IP Policies Across Canada IP Policies Across Canada Secondary Manitoba Post Secondary University of Toronto McGill University University of Waterloo

Presented by: Jody and Kenneth29 Copyright and Other Legal Issues in Distance Education International IP Issues

Presented by: Jody and Kenneth30 Copyright and Other Legal Issues in Distance Education References and Further Resources References and Further Resources General IP issues ( General IP issues (  Faculty Content Ownership (  Enforcement and Registration ( )

Presented by: Jody and Kenneth31 Copyright and Other Legal Issues in Distance EducationConclusion

Presented by: Jody and Kenneth32 Copyright and Other Legal Issues in Distance Education Digital Copyright Best Practices Registration of material Registration of material Understanding the parameters of the legislation involved Understanding the parameters of the legislation involved Incorporate technological enforcement measures such as: Incorporate technological enforcement measures such as: Encryption Encryption Fingerprinting Fingerprinting Tagging Tagging Copy Prohibition Copy Prohibition Digital Coding Digital Coding

Presented by: Jody and Kenneth33 Copyright and Other Legal Issues in Distance Education Intellectual Property Best Practices Consult the CIPO website for most up-to- date information Consult the CIPO website for most up-to- date information If you wish to retain ownership of your course materials, have a contract drawn up If you wish to retain ownership of your course materials, have a contract drawn up Consult Canadian websites (not U.S) or legal advice when in doubt Consult Canadian websites (not U.S) or legal advice when in doubt

Presented by: Jody and Kenneth34 Copyright and Other Legal Issues in Distance EducationQuestions?

Presented by: Jody and Kenneth35 Copyright and Other Legal Issues in Distance Education Print Copyright Kenneth Kim Digital Copyright Kenneth Kim Intellectual Property / Conclusion Jody Baty Design Faisal Kaiser Overview / Credits Kenneth Kim Outline / Original Concept Jody Baty CREDITSCREDITS