1. Tom Adam Copyright Advisor to the Provost all images: www.communications.uwo.ca

2. What we’re doing... Copyright basics What’s new? Why Now? Copyright Literacy Project Information, resources, tools, services

3. What’s Copyright? Automatically lives in works of all kinds:  artistic, dramatic, literary, and musical works  performers’ performances  sound recordings  broadcast signals Copyright Act 5. (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work

4. What’s protected... Copyright’s exclusive rights include:  produce or reproduce in any form Copyright applies to:  the work or  a substantial part of it Copyright Act 3. (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof,

5. Finding Equilibrium... Balance the rights of creators and users Exceptions to Copyright Infringement  Fair Dealing [s.29]  Private Purposes [s.29.22]  Educational Institutions [s.29.4]  Libraries, Archives and Museums [s.30.1]

6. What’s new? Well, nothing really....

7. What’s Changed? Why Now? Copyright Act amendment  Fair Dealing Exception added education as an allowable purpose (November 2012) Court Rulings clarify portions of the law  CCH v Law Society (March 2004)  Copyright Pentalogy (November 2012) Access Copyright agreements  Non renewal at Western and UofT (December 2013)

8. Copyright Literacy Project Develop and implement comprehensive copyright literacy strategy for the university September 2013 – continues to December 2014

9. The Book Store The Book Store Copyright Literacy Project December 2013 May 2014 Now... to the end of the year Legal Counsel Legal Counsel Western Libraries Western Libraries Teaching & Learning Teaching & Learning Provost Communications & Public Affairs Communications & Public Affairs Faculty Association Faculty Association ITS Steering Committee

10. Five Key Resources Copyright Decision Map Fair Dealing Analysis Collection of Guidelines Collection of FAQs Copyright help - copyright@uwo.ca copyright.uwo.ca one

11. Related Projects OWL Integration  Resources Tool Licensed Use  LIRM Project Supplementary Readings  ARES Feasibility

12. Copyright factors... Is the material protected by copyright?  Public Domain  Insubstantial amount Is sanction already present in some form?  Licensed use  Statutory exceptions Is clearance from copyright holder required?  Alternatives to copying

13. Copyright Decision Map 1.Is the material you wish to copy still protected? Copyright protection doesn’t last forever PUBLIC DOMAIN In Canada the term of copyright… 50 years following the end of the year in which the creator of the work died. Copyright Act 6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.

14. Copyright Decision Map 1.Is the material you wish to copy still protected? 2.Is the proposed use "substantial"? Copyright protection doesn’t last forever PUBLIC DOMAIN In Canada the term of copyright… 50 years following the end of the year in which the creator of the work died. Copyright Act 6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year. Copyright Act 3. (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof,

15. Copyright Decision Map 1.Is the material you wish to copy still protected? 2.Is the proposed use "substantial"? 3.Does permission exist in the form of a licence? Copyright Act 3. (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, Western Libraries’ Digital Licences Creative Commons Open Source Publications

16. Copyright Decision Map 1.Is the material you wish to copy still protected? 2.Is the proposed use "substantial"? 3.Does permission exist in the form of a licence? 4.Is your use allowed under a statutory exception? Western Libraries’ Digital Licences Creative Commons Open Source Publications Fair Dealing [s.29] Private Purposes [s.29.22] Educational Institutions [s.29.4] Libraries, Archives & Museums [s.30.1]

17. Copyright Decision Map 1.Is the material you wish to copy still protected? 2.Is the proposed use "substantial"? 3.Does permission exist in the form of a licence? 4.Is your use allowed under a statutory exception? 5.Do you need to secure copyright clearance? Fair Dealing [s.29] Private Purposes [s.29.22] Educational Institutions [s.29.4] Libraries, Archives & Museums [s.30.1]

18. Fair Dealing Analysis 1. Consider the Purpose for copying. Copyright Act 29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:... 29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal.

19. Copying consisting of any of the following amounts can generally be considered fair dealing: up to 10% of a work, or one chapter from a book, or one article from a periodical, or one artistic work (which may include a painting, print, photograph, diagram, drawing, map, chart or plan) from a work containing other artistic works, or one entire newspaper article or page from a newspaper, or one entire poem or musical score from a work containing other poems or musical scores, or one entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing Copyright Act 29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:... 29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal.

20. Copying consisting of any of the following amounts can generally be considered fair dealing: up to 10% of a work, or one chapter from a book, or one article from a periodical, or one artistic work (which may include a painting, print, photograph, diagram, drawing, map, chart or plan) from a work containing other artistic works, or one entire newspaper article or page from a newspaper, or one entire poem or musical score from a work containing other poems or musical scores, or one entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing i. Cumulative copying b. Character of the Dealing Provide Communicate Display Perform Separate Dealings

21. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing i. Cumulative copying b. Character of the Dealing i. Fees or Charges c. Alternatives to the Dealing Non-copyright protected equivalent Linking rather than reproducing Provide Communicate Display Perform Separate Dealings

22. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing i. Cumulative copying b. Character of the Dealing i. Fees or Charges c. Alternatives to the Dealing d. Nature of the Work Non-copyright protected equivalent Linking rather than reproducing Published/Unpublished Public/Private

23. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing i. Cumulative copying b. Character of the Dealing i. Fees or Charges c. Alternatives to the Dealing d. Nature of the Work e. Effect of the Dealing on the Work Published/Unpublished Public/Private Market competition Other versions

24. Fair Dealing Analysis 1. Consider the Purpose for copying. 2. Consider the other Fair Dealing Factors. a. Amount of the Dealing i. Cumulative copying b. Character of the Dealing i. Fees or Charges c. Alternatives to the Dealing d. Nature of the Work e. Effect of the Dealing on the Work 3. Determine the ‘degree of fairness’. 4. Acknowledge the creator and source. Market competition Other versions

25. Educational Institutions Exception F2F and online Additional Conditions…  On the premises  Audience primarily “students”  Secure Copyright Act 29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any other necessary act, in order to display it.

26. Libraries, Archives & Museums “Agent” of the patron… Additional Measures for us…  Research or Private study  One copy  No further communication  Five days Copyright Act 30.2 (5) Subject to subsection (5.02), a library, archive or museum, or a person acting under the authority of one, may do, on behalf of a patron of another library, archive or museum, anything under subsection (1) or (2) that it is authorized by this section to do on behalf of one of its own patrons.

27. Copyright Website copyright.uwo.ca

28. Questions......for us at Western... Responsibility for copyright belongs to us all.

29. Please contact me… Tom Adam Copyright Advisor to the Provost Office of the University Librarian 200J -The D. B. Weldon Library copyright@uwo.ca 519-661-2111-80347