2. © 2000 Intel Presentation created for the Intel ® Teach to the Future program by Knowledge House Inc. October 2000

3. © 2000 Intel Canadian Copyright Act Became law in January 1924 and was amended in 1988 (Phase I) The second phase amendments were completed in 1997 when Bill C-32 was proclaimed law. (Phase II)Bill C-32 Exception for Educational Institutions regulations proclaimed in 1999.Exception for Educational Institutions

4. © 2000 Intel What is Copyright? “ Copyright is the right of a creator of a work to prevent others from using his or her work without permission.

5. © 2000 Intel A creator of a work has the exclusive right to say yes or no to various uses of a work such as reproducing it adapting and translating it, transmitting and performing it in public.” (Canadian Copyright Law by Leslie Ellen Harris, Mcgraw-Hill Ryerson, Whitby, ON, 1995) What is Copyright?

6. © 2000 Intel But…But... Just because something is on the web or posted to Usenet does not mean it is not copyright protected. Even if something is sent to you via email, it does not mean it is free for you to use. You should assume a work is copyrighted and may not be copied, unless you know otherwise.

7. © 2000 Intel

8. Fair Dealing Fair Dealing The copyright act says that in certain situations, the use of a work without authorization does not constitute a copyright infringement because it is considered “fair dealing”.

9. © 2000 Intel What is “fair dealing”? A substantial portion of any work may be used for purposes such as private study, research, criticism, review or newspaper summary. The source and name of the author or copyright owner must be indicated. Not an infringement of copyright

10. © 2000 Intel Fair Dealing Fair Use The American concept of “fair use” is broader and covers criteria like the purpose of the use, the effect on the potential market and the value of the work. These are not necessarily considered in Canada.

11. © 2000 Intel What is “fair use”? The “fair use” provision of the United States Copyright Act states: “The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

12. © 2000 Intel “Fair Dealing” in Canada Does not cover teaching (including multiple copies for classroom use) like the United States Copyright Act does. It is not as broad as the United States Copyright Act especially for teachers. Anytime you hear “fair use” you know you are dealing with the American context.

13. © 2000 Intel

14. 1997 Copyright Amendment Permits educational institutions to use, in specified ways, without permission, and, in some cases, without paying royalties, material protected by copyright.

15. © 2000 Intel Who benefits? “Educational institutions” and “persons acting under the authority of the educational institution” which are non-profit institutions providing pre-school, elementary, secondary and post-secondary, continuing, professional or vocational education or training. Includes school libraries.

16. © 2000 Intel Educator Guidelines Educators may: copy a work by hand onto blackboards, flip charts and similar display spaces. copy a work for use on an overhead projector or similar device. make a copy, perform, translate or communicate by telecommunication for the purposes of an examination or test.

17. © 2000 Intel The exception does not apply: if there is a “motive of gain.” An educational institution may recover costs but may not make a profit. if the work is “commercially available” in a medium or format that is appropriate for the teacher’s purpose. if the materials are used “off the premises” of the institution.

18. © 2000 Intel it must be on an educational premises. it must be for educational or training purposes. it must not be for profit. the audience must be primarily students and teachers from the institution. it must not involve “motive of gain”. May students perform a copyrighted play in the classroom without permission? Yes but:

19. © 2000 Intel it must be on educational premises. it must be for educational or training purposes. it must not be for profit. the audience must be primarily students and teachers from the institution. it must not involve “motive of gain”. May sound recordings be played in the classroom without copyright permission? Yes but:

20. © 2000 Intel May radio and television programs be played in the classroom without permission from the copyright owner? in addition to the same 5 conditions applying you may only do this at the same time the program is aired. you can not rent the same program at the video store and show it to your class unless you have “public performance rights”. Yes but:

21. © 2000 Intel May a teacher copy news and news commentary from radio and television programs without permission? An educational institution may make a single copy at the time the program is aired and use the copy only on their premises for educational and training purposes. It may be shown any number of times. After one year it must be erased or paid for. Yes, with the following restrictions!

22. © 2000 Intel May a teacher copy other kinds of radio and television programs without permission? An educational institution or teacher may make a single copy at the time the program is aired. A teacher may examine the copy for up to 30 days. After 30 days the copy must be erased or purchased. Yes, with the following restrictions!

23. © 2000 Intel A further provision for non-profit educational institutions that is not an infringement of copyright is when the educational institute is part of a licensing agreement with a collective such as CANCOPY.

24. © 2000 Intel You MAY copy Books Magazines Newspapers Journals Up to 10% or more than 10% if it is: With CANCOPY license

25. © 2000 Intel More than 10% if it is: A whole chapter from a book A short story, play, essay or poem from an anthology A newspaper, magazine or journal article An entry from a reference work An artistic work

26. © 2000 Intel Make the copies you need A class set Two for the teacher As many as needed for library and administrative purposes, including communication with parents

27. © 2000 Intel You may Photocopy Fax Type Word process (without changes) Duplicate from a stencil Copy onto a microform Make slides and overheads Copy into alternate format

28. © 2000 Intel You may not copy Any print music Workbooks Work cards Government publications Publications which have a notice excluding them from CANCOPY Printouts made from CD-ROMS, the Internet or over a computer network

29. © 2000 Intel Since copyright only covers “the work or any substantial part thereof” you should, by inference, be able to copy any insubstantial part of anything. There is a risk however!

30. © 2000 Intel Canadian Law has not defined what constitutes an “insubstantial” part. Australia and the United States say –Up to 10% –but no more than 30 seconds of music and lyrics from a single musical work

31. © 2000 Intel Attribution & Acknowledgement Credit the sources and display the copyright notice © and copyright ownership information for all incorporated works including those prepared under fair dealing. Copyright ownership information includes: – © (the copyright notice) – year of first publication – name of the copyright holder

32. © 2000 Intel What About Software? Use of software does not fall under fair dealing! Public or private educational institutions are not exempt from the software copyright laws. When you purchase software, you are only purchasing a license to use the software – you don’t own it.

33. © 2000 Intel But I may make copies for my own use…right? Anyone who purchases a license for a single copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only." Any other use than “archival” must be approved by the copyright owner.

34. © 2000 Intel Unless you have specific permission from the copyright owner… It is illegal to: purchase a single user license and load it onto multiple computers or a server, download copyrighted software from the Internet or bulletin boards, or load the software your school purchased onto your computer at home.

35. © 2000 Intel What About Shareware? Shareware is software that is passed out freely for evaluation purposes only. You are allowed to try it out before you pay for it. Evaluation time is usually 30 days. If you wish to keep the software program, then you must pay to keep your evaluation copy. Shareware is often fairly inexpensive.

36. © 2000 Intel Freeware is Free…Right? Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright. You may distribute freeware, but not make any money on it. You may modify and build other software programs based on the freeware, but those “new” programs cannot be sold for profit.

37. © 2000 Intel Copyright rights have been relinquished. There are no distribution restrictions. You can modify the original software and build new software. You can sell your modified software. Only public domain software is truly “free!”

38. © 2000 Intel Why Should Teachers Follow Software Copyright Laws? You should set a good example for your students. Future software can only be developed for a reasonable price if the software firm/developer receives payment for its efforts. And then there is the matter of penalties...

39. © 2000 Intel Penalties For the unauthorized use and copying of software, penalties include: –Fines up to the actual amount of damages to the copyright holder or, –statutory damages up to $20,000 per infringed work where the court finds there was willful infringement. –And if guilty under the criminal sections of the law:  up to five years imprisonment and/or.  fines up to $1,000,000.

40. © 2000 Intel

41. Phase III Bill C32 was not generally intended to deal with digital issues. The government has begun Phase III of the Revision of the Copyright Act This phase will deal with the Internet and other media issues

42. © 2000 Intel Sources Consulted and For More Information... Canadian Copyright Law: Revisions and Challenges by Lesley Ellen Harris, a Copyright & New Media lawyer, for Cable in the Classroom Magazine, Fall 1997 http://www.cableducation.ca/cic/magazine/fall97/english/copyright.html http://www.cableducation.ca/cic/magazine/fall97/english/copyright.html Copyright Circulars: Circular No. 12 Exceptions for Educational Institutions Canadian Intellectual Property Office, Industry Canada, October, 1, 1999. http:strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_circ_12-e.html

43. Sources Consulted and For More Information... A Practical Guide On Copyright Clearance for Multimedia Producers by Department of Canadian Heritage and the Interactive Multimedia Producers Association of Canada, http://www.pch.gc.ca/culture/cult_ind/copymm_e.htm http://www.pch.gc.ca/culture/cult_ind/copymm_e.htm Copyright in Canada by Media Awareness Network, July 1998 http://www.media- awareness.ca/eng/med/class/edissue/copyrigt.htm http://www.media- awareness.ca/eng/med/class/edissue/copyrigt.htm What is Copyright? by CanCopy http://www.cancopy.com/copyright/

44. © 2000 Intel Sources Consulted and For More Information... Canadian Library Association Copyright Information A very comprehensive site with links to the Copyright Act and regulations http://www.cla.ca/resources/copyrigt.ht m#interpret http://www.cla.ca/resources/copyrigt.ht m#interpret

45. © 2000 Intel