1. CLIP Scholarship Seminar Series Event Copyright 101: An Introduction Copyright 101: An Introduction Presenter : Tanya Horsley Date : January 11, 2012

2. Introductions Seminar Series Scholarship and Research tracks New CLIP Research Coordinator Jeanie Zeiter Who am I? About CLIP 2

3. Disclaimers Not a copyright expert Not original information (selective sources) Not intended to replace legal advice when applicable 3

4. Session Outline Copyright defined Overview of Intellectual Property Important copyright concepts ‘Your questions answered’ Group quiz! 4

5. Session Objectives 5

6. Why is any of this important? Exposed to copyright decisions daily, weekly, monthly…. Downloading photos from the internet Copying research materials / articles Developing a materials (e.g. lifelong learning booklets) RC staff both user’s and owners Rights, responsibilities, and choices to make; maximize our ability to do so Consider and understand legal implications 6

7. Forms of Intellectual Property Law Patents Trademarks Industrial designs Integrated circuit topographies Copyright 7 New inventions (process, machine, manufacturer, composition of matter); new or existing invention Words, symbols, or designs (or combinations) used to distinguish the wares/services of 1 person or organization from those of others in the market place Visual features of shape, configuration, pattern or ornament (or combination) applied to a manufactured article Three-dimensional configuration of electronic circuits embodied in integrated circuit products of layouts

8. What is copyright? copyright noun \-ˌrīt\ : the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of a Work 8 Canadian Intellectual Property Office: ‘The exclusive right to copy a creative work or allow someone else to do so’ (Oxford) Pronunciation: / ˈ k ɒ p ɪ r ʌɪ t/noun [mass noun] ‘the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material’ What does this ‘mean’ – the sole right to produce or reproduce a work (or a substantial part of it) in any form.

9. What are ‘Works’? Literary - generally text as opposed to pictures Books, pamphlets, poems, computer programs Dramatic – Something intended to be acted or performed Films, videos/DVD, plays, screenplays, scripts Musical – Compositions that consist of both words, or music alone Orchestral scores, NBC chimes Artistic – Pictures as opposed to text Paintings, drawings, maps, photographs, sculptures and architectural works 9

10. Criteria for Protections of Works The 3 following criteria NEED to be met: Originality – cannot be a copy; skill & judgment in its creation Fixation – expressed in some way Connection with Canada or treaty country – many countries have signed treaties for minimum standards for copyright 10

11. 11 ‘Other subject matter’ September 1, 1997 provisions added for neighboring rights added for: Performer’s performances Actors, musicians, dancers and singers have copyrights in their performances

12. ‘Other subject matter’ September 1, 1997 provisions added for neighboring rights added for: Sound Recordings Makers of recordings, such as records, cassettes, and compact discs 12

13. ‘Other subject matter’ September 1, 1997 provisions added for neighboring rights added for: Communication signals Broadcasters have protections in the communication signals that are broadcast 13

14. Audience Challenge 14

15. What can’t be copyrighted? Titles and short word communications Ideas: restricted to the expression in a fixed manner of an idea, not the idea itself Facts (‘the sun rises in the east…) Names or slogans Methods (method of sculpting) Plots or characters 15

16. Canadian Copyright Fundamentals Immediately attributed to the author of any expression of an idea (work) for 50 years Unlike the US, no need to file for copyright protection, as it is automatically awarded the author. EXCEPTION: Works created during the course of employment are typically owned by the employer, except where there is an agreement to the contrary. 16 Increasingly important to consider as we increase scholarship and research

17. The importance of registering copyright Registration is not required for protection in Canada A certificate of registration of copyright is evidence that copyright exists & that the person registered is the owner of the copyright. Being on the Register of Copyrights may also assist those wishing to seek permission to use the work 17

18. Canadian Copyright Fundamentals Where can I find the Copyright Act?Copyright Act? How long does copyright last? Where can I apply for copyright? Are Crown Works open access? Can one application cover several ‘works’? Do all copyrighted works have to marked with the copyright symbol? What do I do if I can’t locate the owner? 18 Special rule for Crown Works: Literary, musical, dramatic or artistic works ‘prepared or published by or under the control of Her Majesty or any [federal, provincial, territorial] government department’ Copyright belongs to Her Majesty, subject to any agreement with the author

19. Posthumous Works Works that have not been published, performed or delivered in public during the lifetime of the author. If created >July 25, 1997, protection is Life + Calendar + 50 If the work was created <July 25, 1997, 3 scenarios: 1.The work of a deceased author that is performed, published or delivered will retain copyright from the date of publication + calendar + 50 2.The unpublished work of an author who was deceased during the 50 years prior to July 25, 1997, retains copyright until December 31, 1997 (the remainder of the calendar year in which Bill C-32 came into force), plus 50 years following the end of that calendar year. 3.The unpublished work of an author who deceased more than 50 years prior to July 25, 1997, retains copyright until December 31, 1997 (the remainder of the calendar year in which Bill C-32 came into force), plus five years following the end of that calendar year. 19

20. Scholarship and Research Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work 6 principal criteria Purpose Character Alternatives Amount Nature Effect 20 Is it for research, private study, criticism, review or news reporting? "these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users' rights." In particular, the Court gives "a large and liberal interpretation" to the notion of research, stating that "lawyers carrying on the business of law for profit are conducting research".

21. Practical Considerations – All Staff 21

22. Will this information be available? Shared N: drive Slides Copyright ACT Information pamphlet Resources list In development: relevant/applicable RC policy 22

23. Mindfulness of copyright indicators 23 Cartoonstock.com

24. Practical Considerations for the RC Ensure disclaimers are included in the work we do Ensure disclaimers are included Determine: where requests will go who will manage them criteria for permissions Unit by unit decision making re: official vs. assumed copyright Lifelong learning booklets 24

25. Practical Considerations for the RC Develop and document institutional copyright practice and policy to ensure compliance Appoint a copyright ‘officer’ Maintain currency Keep and maintain accurate records of permission/licensing agreements Access to a copyright lawyer 25

26. Tools for scholarship & research Can I post my research publications online? CLIP Publications - Sherpa Romeo Sherpa Romeo When I publish – have I given away ALL of my rights? Authorship rights 26

27. Final Thoughts Future work: Research Staff with academic affiliations / appointments Staff training/orientation (scholarship & research) re: copyright 101 Awards and Grants Policy gap / implications 27

28. Summary Session objectives: 28

29. Quiz! 29 Question 1 Generally speaking, copyright in Canada expires _ years after the death of the author of the work? Question 2 For the purposes of copyright, posting a document to your institutions website means that you have ‘published’ it. Question 3 There are ___ Acts within the Intellectual Property Laws Question 4 US and Canadian copyright policies and laws are equivalent (trick) Question 5 The RCMP enforces copyright on behalf of individual rights holders.

30. Resources 30 Visit: Public Folders: CLIP Research_Scholarship Materials

31. Upcoming CLIP Event 31 March 20 th, 2012 Thank you for attending