Last updated: Nov. 24, 20091 What Is Copyright? Canadian Copyright Act protects the sole and...

Last updated: Nov. 24, 2009 1

What Is Copyright?

Canadian Copyright Act protects thesole and exclusive rights of the creatorto reproduce, perform,or publish a work.

• Occurs automatically upon creation of a work.• Does not require formal registration.• Assume everything is copyrighted.


JIBC Policy

JIBC Intellectual Property Rights Policy

http://www.jibc.ca/aboutJIBC/policies/intellectual.pdf


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


The Works of Others You need permission from the creator or

copyright owner prior to copying.

• Copy under the Access Copyright license, via JIBC Library• Obtain permission directly from copyright owner.• DO NOT contact the copyright owner before checking with

Access Copyright (via the JIBC Library)! • You cannot use Access Copyright if you have already

contacted the copyright owner.– Obtain permission in written format (email acceptable) and

retain.


What is a copy?

As per Access Copyright a copy is:

• A print copy made in the form of a photocopy, fax, acetate, or slide.

• For the sole purpose of making classroom presentations, a digital copy may be made for inclusion in, for example, a PowerPoint presentation

• No further copying or transmission is allowed and the digital copy must be destroyed after the presentation.


Access CopyrightThe JIBC has a license with Access Copyright, the Canadian Copyright Licensing Agency.

• 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.


Access Copyright

The license fee we pay allows us to:

• Make multiple copies according to the guidelines on the following slides.

• 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!


Exceptions

The Access Copyright license does not cover:

• Instruction manuals • Workbooks, tests (published as consumables)• Photographs (originals or negatives)• Unpublished works (includes theses)• Case Law, Government Documents & Legislation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.• “Works for which the Licensee has first sought permission

to make the copies from the person who has the right to grant that permission…” (contact Library first!)


Exceptions continued

The Access Copyright license does not cover:

• Copyright owners who have advised Access Copyright that their works cannot be included in a collective license. – See Exclusions List on Library’s Intranet site.

• Digital works– You need to contact publisher directly.

This is not a complete list, if you are unsure about something, contact the Library.


Access Copyright

What we cannot do under the license:

• We cannot “change, adapt, alter, manipulate, annotate, include comments, edit, amend or rearrange the content or appearance of the published work”.

• Cumulative copying. • Cannot use for purposes other than the educational purposes

of JIBC students and instructors.


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.


Course Manuals and 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.


Course Manuals and 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 – CJPI). Check with one of the Librarians, who will ensure copying can be done from that specific database vendor.


Course Manuals and Coursepacks Exceptions

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).


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.


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.


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).


Videos

• 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.


Feature Films

• 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 producer of your feature film is covered by this license.

• Videos 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.


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.


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.


Website/Online CourseYou need permission to post the following material on your website or online course:

• Any print material to be digitized (if not owned by the JIBC).– Access Copyright clears digital requests on an as need

basis (individually). • We do not have a digital license.

• Complete the Digital Transactional Request Form (located on our website.

• Submit to me. I will advise you as to the cost of this.


Website/Online Course You may also need to obtain permission to:• Place digitized material on your site (from other web

sites, etc.), OR to distribute digitized material from websites.

• Check the website and look for Terms & Conditions, Terms of Use, or Copyright.

• If you are instructed to seek permission from them, do so in writing, maintain a copy of the permissions email (and provide me with a copy).


Public Domain

As per Access Copyright, “The public domain is comprised of all creative works that are not protected by copyright.”

Works enter the public domain in one of three ways: 1. When copyright expires.2. When the work is so old it was created before copyright

protection existed3. When the copyright owner chooses to put a work in the

public domain. When something is in the public domain it can be copied, used, or modified in any way without asking for permission.

Referred to as Fair Use in the U.S.


Website/Online Course

Do not need permission to:• Link to a web site.

– Should link to the site’s home page so as not to bypass copyright information, usually located on initial page

– Best practice is not to use framing (do not display page within your own sites template, as URL and site information is not displayed).

• Link to articles available through JIBC Library’s online article indexes.

– Library will provide course developer with a “persistent link”, created by database vendor.


Copying from a Website

YouTube, Google, National Geographic, etc.

• Check the Terms of Use, Copyright, Terms of Service

• Check for non-commercial or educational use

• If you need to seek permission, you must do so with

the party/person recommended on the site.


Music

This is not covered by our Access Copyright license.

– You MUST seek permission to use music from The Audio Visual Licensing Agency (AVLA)

• This agency grants permission for duplicating and for playing duplicated material.


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.


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.


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.


Sentence or paragraph

What if I do not want to copy a

complete page?

• “Insubstantial” amounts can be copied without permission.

• CANNOT be adapted or changed!• Eliminate unnecessary excerpts.


“Insubstantial”?

What do you mean by insubstantial?

• 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.


Questions?

• Contact:– April Haddad (604.528.5594)– Christine-Louise Dujmovich (604.528.5597)

• Email:– [email protected]

• Website:– Go to Faculty Services on JIBC Library home page

(www.jibc.ca/library/faculty)

mailto:[email protected]

Last updated: Nov. 24, 20091 What Is Copyright? Canadian Copyright Act protects the sole and...

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