1. Copyright Presentation Copyright Presentation JIBC Library Revised March 2011

2. What Is Copyright? “In the simplest terms, "copyright" means "the right to copy.”” Canadian Intellectual Property Office http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02393.html#whatis http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02393.html#whatis

3. What Is Copyright? Copyright 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thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right. Copyright Act, R.S., c. C-30, s. 3

4. Why do we have Copyright? Copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs) and three other subject matter known as: performances, sound recordings and communication signals.” Canadian Intellectual Property Office

5. Intellectual Property? You must obtain permission to use someone else’s intellectual property. Two types of intellectual property: 1.Industrial property – inventions (patents), trademarks, industrial design and geographic indications of source. 2.Copyright – literary and artistic works. We will focus strictly on copyright.

6. Copyright comes into effect? Immediately upon creation. Not necessary to register copyright. May do so with CIPO to prove that you are the registered owner and can be used in court as evidence of ownership.

7. Copyright Covers? Copyright covers all formats of work: Textual matter: –Books –Journal articles –Newspaper articles Tables, charts, diagrams, figures Cartoons Digital media: –Videos and sound recordings –Websites –Multimedia

8. Before you start … Is copying or distributing material necessary? There are alternatives.

9. Print-to-print format Taking a print copy from a print original. For Print-to-print we use Access Copyright, the Canadian Copyright Licensing Agency with whom we have a license.

10. Who is Access Copyright? A Canadian not-for-profit agency. Founded by creators and publishers to collectively administer their copyright. The Agency: –Licenses legal access to copy from copyright- protected works, and –Collects royalties from licenses and distributes those royalties to copyright owners.

11. Access Copyright Our license allows us to: Make multiple copies according to their guidelines. Make slides or overheads from printed material (if not commercially available). Material copied under the Access Copyright License is FOR THE USE OF JIBC STUDENTS AND INSTRUCTORS ONLY!

12. Access Copyright License does not cover: Material from publisher who do not participate in the license (Exclusions List – on the Intranet) Instruction manuals Workbooks, tests (published as consumables) Photographs (originals or negatives) Unpublished works (includes theses) Case Law, Government Documents & Legislation –Refer to the Copyright web page for more information.

13. Access Copyright License does not cover: Student work: –Students own the work they create. –Although the original student work can be circulated in class –Copies cannot be made without student permission. Works for which the Licensee has first sought permission directly from the copyright owner…” (contact Library first!)

14. Access Copyright License does not allow us to: “Change, adapt, alter, manipulate, annotate, include comments, edit, amend or rearrange the content or appearance of the published work”. Do cumulative copying. Use for purposes other than the educational purposes of JIBC students and instructors.

15. Classroom Handouts Must be a “faithful and accurate reproduction” (the entire page with no edits or editorial). You may copy (for free): –Up to 10% of a printed published work, OR –An entire chapter if it is not more than 20% of the book. –An entire article or essay from a book or journal containing other works. Cannot be assembled into a package. All copies must have Access Copyright labels

16. Course Manuals / Coursepacks You may copy (for 10 cents per page): Same as previous slide, but up to 15% of a published work (instead of 10%). Only one copy per student and two per faculty (no cumulative copying). Copy an entire out-of-print book for $10.00 each (requires Access Copyright approval). Newspapers are copied at 5 cents per page.

17. Course Manuals / Coursepacks All copies must have Access Copyright labels. Must complete an Access Copyright Log Sheet. –Submit Log Sheets to Library prior to copying. –A log sheet must be completed each time the course is held. Exception – if the article is copied from one of the Library’s licensed databases (E.g. ProQuest). Check with one of the Librarians, who will ensure copying can be done from that specific database vendor.

18. Course Manuals / Coursepacks We can: Copy only a portion of the page, as long as copyright attribution is included (author, publisher). Copying includes typing or word-processing without adaptation (must be a visually perceivable reproduction).

19. Copying From Textbooks Special rules apply when copying from textbooks for course manuals: You can only copy the lesser of 5% or a single chapter of a textbook. Not more than 50% of the pages you copy for your course manuals or handouts can be taken from textbooks. For more information, contact JIBC Library.

20. Case Law, Government Documents & Legislation These publications/documents are not covered by Access Copyright. Please refer to the Library’s Copyright web page, in the Faculty Services section, where you will find a link to information on Copying Case Law, Government Documents, and Legislation.

21. News or News Commentary News or news commentary from television or radio can be copied and used in the classroom provided that: The copy is made only at the time the program is aired. The copy is to be used on the educational premises for education and training purposes only. The copy is retained only for 1 year from date of copying. –After 1 year the copy must be either erased or paid for (even if the copy is never used).

22. Print to Digital Must contact copyright owner for permission to digitize: –Refer to Library website for information on what to say when asking permission –If received, retain written permission in perpetuity –Provide Library with copy of permission –Refer to Library website for information on how to acknowledge permission –Remember to cite If permission not receive, do not digitize.

23. Digital to Print (websites) Is this necessary? Setup webpage with links for students If you must copy and distribute: –Check website for Terms of Use, Copyright, Legal, etc. to see if copying and distribution allowed –If not allowed, contact copyright owner for permission –Same procedure as with print to digital  Retain copy of permission  Give copy of permission to Library  Remember to cite If permission not receive, do not print and distribute

24. Digital to Print (licensed databases) Is this necessary? Setup webpage with links for students –Pemalinks available to articles within our licensed databases If you must copy and distribute: –Check website to see which database vendors allow copying and distribution of articles –If vendor does not allow copying, do not proceed

25. Digital to Digital (licensed databases) Locate article or book chapter and embed permanent link (permalink) in online course –Contact the Library for information on permalinks (do not use URL in browser) Library can assist course developers or instructors to locate material

26. Digital to Digital (Internet) Read Terms, Terms of Use, Copyright statements if linking is allowed (most probable) –Check for non-commercial or educational use (e.g. National Geographic) –YouTube & Facebook Provide links to students in online course

27. Public Domain When does a work enter the public domain? 1.When copyright has expired. Calculated as remainder of calendar year in which the author dies plus 50 years following the end of that calendar year. (CIPO: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02395.html)http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02395.html 2.When a work is released by the creator without intention of claiming copyright. (Creative Commons: http://creativecommons.ca/index.php?p=cacopyright#faq_public-domain)http://creativecommons.ca/index.php?p=cacopyright#faq_public-domain

28. Open Access (OA)  “A method of electronic publishing that allows anyone with an internet connection to gain access to an entire published work online at no cost to the user”. (Sanford G. Thatcher)  Costs nothing to access.  Barriers to access removed, but most items are still covered by copyright.  Various reuses may still require permission from the copyright owner.  Must clarify the extent of openess associated with the item.  http://www.jibc.ca/library/research-help/web-links/open-access-resources http://www.jibc.ca/library/research-help/web-links/open-access-resources

29. Fair Dealing  Section 29 of the Copyright Act states: Fair dealing for the purpose of research or private study does not infringe copyright.  Other application: Use of material for the purposes of criticism review and news reporting is fair when properly attributed to the copyright owner or source.  Fair dealing does not prevent copyright owners from taking legal action against users but gives protection where "fair dealing" can be demonstrated. JIBC Fair Dealing page:http://www.jibc.ca/library/services-faculty/copyrighthttp://www.jibc.ca/library/services-faculty/copyright

30. Digital – Videos & DVDs Videos can be shown in the classroom only if they have Public Performance Rights (PPR). –We need PPR in Canada as the classroom is considered a public place. –Documentary or educational videos borrowed from public libraries or video stores cannot be shown in classrooms, as they are for home use only and do not have PPR. A compilation of video clips may only be done with written permission from all rights holders.

31. VHS to DVD transfer Cannot transfer videos to DVD without permission from copyright owner. –Contact the Library if you wish to do so. Library will contact appropriate parties for permission. Streaming –DVDs can only be streamed (placed on the Internet for online courses) once permission is received from the Distributor or Producer.

32. Digital – Feature Films Most can be shown in the classroom as JIBC Library has an institutional Feature Film Public Performance License. Check with the JIBC Library to ensure that the production company participates in one of our feature film licenses. Films must be legal copies: –Borrowed from a library, video store or from personal collections. –NOT taped off-air. –Cannot put “clips” of films into PowerPoint presentation.

33. Digital – Music You cannot download music for class use It is assumed that most “legal” downloads are for personal use For permission, contact AVLA (Audio-Video Licensing Agency) –This agency grants permission for duplicating and for playing duplicated material –Retain a copy of the permission in perpetuity and provide the Library with a copy –Only once permission is received can you embed music in course material, etc.

34. Digital – Photographs Copyright resides with the owner of the negative at the time the photo is taken. –The owner’s permission must be obtained in order to use the photograph in any publication. Permission must also be obtained from any identifiable persons appearing in the photograph

35. Alternatives JIBC Library Reserve Collection. –Books or journal articles. E-Reserves: –A collection of links to articles available through JIBC Library’s online article indexes: –e.g. Academic Search Premier, Criminal Justice Periodical Index. Overheads or flipchart. Provide a list of references.

36. Insubstantial Amounts “Insubstantial” amounts can be copied without permission. –1-2% is a rough rule of thumb unless that 1-2% forms the essence of the work (quantitative and qualitative). –A few sentences from a textbook, unless you use many excerpts from the same work. –A direct quote consisting of a few sentences or one paragraph. –NOT: 5 paragraphs from a 2-page article. – NOT: 1 stanza of a 4 stanza poem. Remember to cite!

37. Citing and Documenting You must cite and document all sources, in order to: Acknowledge other peoples ideas and information. Inform students where they should look for more information about cited source

38. Include when Citing The JIBC has adopted the APA Style, that includes: Title of book. Title of journal article and journal: –Include Volume number, Issue number, and page numbers. Author(s) or editor(s). Publisher, place of publication and date of publication. Name of article index (if article from an online index). Website URL and date retrieved.

39. References  Canadian Intellectual Property Office (CIPO), Copyrights http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html  CIP0 - Guide to Copyrights http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/vwapj/2010guidedroitsdauteur- 2010guidecopyrights-eng.pdf/$file/2010guidedroitsdauteur-2010guidecopyrights-eng.pdf http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/vwapj/2010guidedroitsdauteur- 2010guidecopyrights-eng.pdf/$file/2010guidedroitsdauteur-2010guidecopyrights-eng.pdf  Copyright Board of Canada http://www.cb-cda.gc.ca/home-accueil-e.html http://www.cb-cda.gc.ca/home-accueil-e.html  Creative Commons http://creativecommons.ca/http://creativecommons.ca/  Michael Geist http://www.michaelgeist.ca/content/view/2572/125/ OR http://copyright.michaelgeist.ca/ http://www.michaelgeist.ca/content/view/2572/125/http://copyright.michaelgeist.ca/  UBC – Copyright for Academic Librarians at: http://hlwiki.slais.ubc.ca/index.php/Copyright_for_academic_librarians http://hlwiki.slais.ubc.ca/index.php/Copyright_for_academic_librarians

40. Questions? Contact: –April Haddad (604.528.5594) –Christine-Louise Dujmovich (604.528.5597) Email: –library@jibc.calibrary@jibc.ca Library Website: –Go to Services for Faulty Copyright section (www.jibc.ca/library/services-faculty)