copyrightguide

8. Sample Forms

The following sample forms are available online in PDF format.
If you do not have Acrobat Reader (the plugin to view PDF files) you can download a free version at: http://get.adobe.com/reader/otherversions/.

· Courseware Production Requisition

· ACCESS Copyright Form

· Textbook Requisition

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Definitions & College Policy

What is commonly called "Copyright" is a combination of the Canadian Copyright Act, Regulations and contractual agreements with copyright holders, distributors and collectives. Copyright affects the use of resources of all kinds for teaching and learning at the College.

Since in Canada, there is no such thing as a blanket educational exemption from Copyright requirements, it is vitally important that all College employees understand how copyright affects them and their students.

Please note: There are serious legal and financial implications of copyright infringement for both individual employees and the College.

This Guide presents the major provisions of the Canadian Copyright Act and its Regulations as well as contractual agreements such as with ACCESS Copyright. Resources and services for assisting faculty and staff with copyright compliance are also described. We hope that the Guide will prove useful for all College employees and welcome any feedback.

Judy Kornfeld
Niina Mitter

What is Copyright?

Legal Definition

“The sole right or the right to allow others to publish, produce and to perform in public a literary or artistic work, for any purpose.”

In Canada, protection begins immediately on creation of the work and exists until 50 years after the creator’s death.

Translation

Copyright is automatic – there is no requirement to register copyright in Canada.

The right of the creator is paramount

You cannot use other people’s works without getting permission unless they have been dead for 51 years. There are, of course, exceptions to the 51-year rule – it is safest to check.

What’s in the College’s Policy on Copyright?

Langara College’s Policy on Copyright is available on the College’s Website on its main policy page (http://www.langara.bc.ca/policies/index.html). Pertinent clauses from Policy No. B5003 Copyright Compliance include:

5.1

Employees will ensure that all types of resources that they use in their work for the purpose of creation, publication, distribution, performance, exhibition or projection are free of copyright restrictions or have been cleared for the specific use. Material that is used must meet one or more of the following criteria:

a)

the material is copyright free (i.e. in the public domain)

b)

the intended use is covered by an educational exception or a licensing agreement or by written approval from the copyright owner.

5.2

Employees will not use college equipment, services or other resources to infringe copyright.

5.3

Employees will honour the intellectual property rights of creators, including moral rights of creators and will obtain written waivers and permissions when necessary.

5.4

Employees will ensure that courseware reproduced under the Access Copyright (previously CANCOPY) agreement are replicas of the original material without distortion, mutilation, reformatting or other modification.

5.5

Employees are responsible for initiating the process for acquiring copyright.

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Printed Materials

What is Access Copyright?

The Canadian Copyright Licensing Agency (commonly referred to as Access Copyright, formerly known as CANCOPY) is a collective of creators and publishers that administers the legal rights of, and collects and distributes the money to the appropriate copyright owners.
Access Copyright licenses educational institutions (K through university), businesses and governments. The Licence allows legal copying within the negotiated limits of the license.
We currently pay $3.38 per student FTE for our Access Copyright License.
Under our Licence, copying for courseware sold in the bookstore is covered at an additional cost.

What can you copy legally (without the Access Copyright Agreement)?

1.

“Insubstantial” or small parts (1-2%), unless it’s the crux of the whole thing.

2.

Fair dealing for the purpose of research, private study, criticism or review (see Glossary).

3.

Federal and Ontario statutes.

4.

Federal and Ontario judicial decisions.

5.

Works in the public domain (see Glossary).

6.

A single copy of an article from a scientific or technical journal or an article from any journal if it is at least 12 months old and used for research or private study.

What additional things does Langara’s agreement with Access Copyright allow you to do?

You can copy:

Up to 10% of a published work
One full chapter from a book, provided it is no more than 20% of the book
An entire short story, play, essay, article or poem from a book or periodical, which has other similar works in it
An entire newspaper article or a page
An entire entry from a reference work
An entire artistic work reproduced in a book or periodical
Copies to replace damaged or missing pages
A single copy of a rare or fragile out of print publication (if you have tried to buy a new one and couldn’t and you notified Access Copyright)

You can also (subject to limits):

Copy journal articles of any age for classroom distribution (1 copy per student, 2 for yourself)
Copy articles or a part of a book for Library Reserve
Make slides or overheads (if not commercially available) from printed material
Create custom courseware packages (see page 5 and Appendix 1)

Access Copyright does not cover:

Internet documents (to duplicate Web pages to hand out in class, use for courseware or put on Reserve, you must get specific copyright permission. Call Niina at 5290)
Unpublished works
Workbooks, assignment sheets or “consumables”
Tests and examination papers
Dissertations or theses
Music, including sheet music
Original artistic works
Slides and transparencies
Commercial newsletters
Instruction manuals
Letters to the editor
Advertisements
Business case studies
Works on the Exclusions List (Publishers who have said they do not want to belong to Access Copyright)
Non-print media
Digital material
Original photographs

But…

Just because it is not covered in our agreement with Access Copyright doesn’t mean you can’t make a copy, but it does mean you must get permission first
We do write and ask for individual one-time copyright permission

Questions, Problems:

Please contact Niina Mitter, Media & Copyright Librarian (local 5290), for help and/or explanations

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Courseware

While Access Copyright makes a lot of our copying easier, courseware is the exception
This is a lot of work for you, but there is no getting around it

Follow these steps:

Decide what you want to include.
Keep detailed bibliographic records.
Fill out the Courseware Copyright Duplicating Form (paper form available in the Mailroom or click on link [ACCESS COPYRIGHT FORM_Excel e-template] for electronic format in Excel. The electronic format is also available online under "All College Forms" at the myLangara Employees tab. Don’t forget to email a copy to Amber Rockwell (arockwell@langara.bc.ca, local 5383) after you have completed the electronic form.
KEEP A COPY.
Send (i) courseware; (ii) the duplicating form; and (iii) the Copyright Permission Request form to Duplicating. [See College Services' Courseware Production Guide on Custom Courseware (Appendix 1).]
You must submit the Copyright Permission Request form each and every time your courseware is duplicated.
Remember: even if you duplicate courseware packages yourself you MUST still complete steps 2-5.
Please note the following deadlines for submitting courseware duplication requests:

Nov 6, 2006 -----for Spring 200710 semester (beginning January 2007)

Mar 7, 2007 -----for Summer 200720 semester (beginning May 2007)

Jul 4, 2007 -----for Fall 200730 semester (beginning September 2007)

Nov 5, 2007 -----for Spring 200810 semester (beginning January 2008)

Why are these deadlines necessary?

Courseware rules (see next section) need to be followed exactly
Any duplicated material exceeding courseware guidelines or excluded from the Access Copyright Agreement has to be cleared individually
It takes time to obtain all these clearances
Publishers are beginning to object to late clearances
Costs of clearances for materials outside the Access Copyright Agreement are rising, leading to higher prices for your students
In some instances, if we put courseware out for sale before all the necessary clearances have been obtained, we may be in violation of copyright and the courseware would have to be withdrawn

The deadlines are especially important if your courseware has any of the following:

Internet sources
Excluded publishers [check with Amber Rockwell at local 5383 for details]
Exceptions to the Access Copyright Agreement
Amounts above the allowed copying limits

Courseware rules:

Exact reproduction: this is specified by contract. It means that you may not edit, alter, reformat or change the material being copied in any way. Each copy must be an exact reproduction of the original page(s)

Complete citations: these are also required by contract and must be provided. The citation for each copied item must appear on the first page of the copy

Copying limits: these are specified by contract (see below). If you go over the limits, all such items have to be individually cleared

No more than:

5% of a textbook (a textbook is defined by the publisher but is usually any title that has study questions, quizzes, answers and other student learning materials)

50% of content of each Courseware package from textbooks

2 excerpts from a textbook by the same author

15% of a book (any other book, paperback or hardcover)

1 article per journal issue (a second article from the same issue will require permission)

1 entire poem, play, short story, essay or article from an anthology (which has other similar works in it. A second selection will require permission)

1 entire entry from an encyclopaedia, dictionary or other reference work (a second entry will require permission)

1 entire reproduction of an image from a book or journal (with other images printed on it. A second image from the same publication will require permission)

In order to avoid having your courseware packages held up or worse, pulled off the shelves in the Bookstore, please make sure that your selections fall within the guidelines given above.

For further information about the Access Copyright Agreement or other copyright questions, please call Niina Mitter, Media & Copyright Librarian, at local 5290, or Amber Rockwell at local 5383

Courseware sold through the Bookstore is priced on a cost recovery basis for copyright charges

We pay $0.10 per page per copy to Access Copyright for each courseware package. So 30 copies of a 100-page courseware package works out to about $300.00

Out-of-Print Books

To make copies of Out-of-Print books for sale in the Bookstore, please call Robert Leaf, Bookstore Manager (local 5513).

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Audio-Visual Media & Digital Resources

Copyright involves several different rights, many of which are specific to particular formats. Among the major rights, which affect the use of audio-visual and new media in colleges, are: Public performance rights; Duplication rights; Off-air taping rights; Moral rights; Digital rights
Favourite formats for instructional use which are all covered by copyright include:

Videos
DVDs
16mm films
Slides
Photographs
Transparencies
Audiocassettes
CDs
PowerPoint presentations
Digital image files
Streaming video
Content from Web sites

There is no single umbrella agreement (such as the Access Copyright Agreement) for audio-visual and new media, and the Agreement for print resources does not apply to digital material. Instead, specific rights and formats have to be dealt with on a case-by-case basis
A word of warning: these rights can be very expensive and take a very long time to obtain, or simply be unavailable

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Public Performance Rights (Applies to films, videotapes, laserdiscs, DVDs, etc.)

Under Canadian law, any venue that is not a private home is, by default, a Public Performance Site
Whenever a video or DVD is shown at such a site, it must have a Public Performance Licence. This includes classrooms, libraries & student union buildings
A Public Performance Licence may be purchased at the time a video or DVD is purchased, rented or borrowed
You don’t need an additional Public Performance licence in order to play an audio CD or audiocassette for educational purposes in an educational institution. However, it must be a legal, commercial copy

SPECIAL NOTE!

No Educational Exemption for Videos or DVDs

There is no educational exemption in the Canadian Copyright Act for classroom use of videotapes or DVDs
This means that videos or DVDs used in the classroom are subject to the same requirement for a Public Performance Licence as those used in any other non-theatrical setting
U.S. copyright law, which allows any legal copy of a video to be shown in a face-to-face teaching situation without a Public Performance licence, does not apply in Canada

GOOD NEWS!

All films, videos, laserdiscs and DVDs held in the Langara College Library have Public Performance Licences and can be used anywhere in the College without any further payment

Borrowing videos or DVDs:

Documentary or educational videos and DVDs that have been borrowed from another library or a retail outlet should not be shown on College premises. These videos and DVDs are for Home Use Only and it is illegal to show them in public without a licence
In order to avoid inadvertent copyright violations, all requests to rent or borrow videos or DVDs from any outside source should go through the Library’s Media Booking Service
Please remember: through the Library you have access to thousands of legal, appropriately licensed videos and DVDs
Call Helena Nest, Media Booker (local 5458), to arrange loans and rentals

MORE GOOD NEWS! LANGARA COLLEGE HAS A FEATURE FILM LICENCE!

The College has a special institutional Feature Film Public Performance Licence that allows thousands of feature film titles to be shown in the College for educational purposes without any further payment
Any legal copy of a feature film that is covered by the licence can be shown at the college, including videos and DVDs from your local video store
Movies from all the major Hollywood studios, as well as many foreign films and independent productions, are included in the licence
However, since not all titles are covered, please call Helena Nest to check if the film you want to show is included

Feature films that are not covered by the institutional Public Performance Licence may still be shown in the classroom provided a licence is purchased for each showing

The costs of these per showing licences can be quite high (up to $120) and are charged back to the Department

Helena Nest (local 5458) will make all the necessary arrangements for you

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Purchasing videos and DVDs

The Library has a policy of purchasing videos and DVDs, whenever possible, if they are needed for course support

In order to ensure that Public Performance Rights are purchased for each title added to the collection, all audio-visual purchases for the College are handled through the Library’s Media Acquisition service. This includes videos or DVDs that are to be held in a Department

Videos or DVDs purchased from retail stores or from Internet sources are usually Home Use Only and should not be used in the classroom

Contact Amber Rockwell (local 5383) or Niina Mitter, Media & Copyright Librarian (local 5290) for assistance with media purchases

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Other Formats

Audiocassettes and Compact Discs

Audio CDs and cassettes may be used in an educational institution like Langara without an additional Public Performance License, provided they are used for educational purposes
They must be legal, commercial copies
You may not copy an audio-recording, make compilations of clips, transfer to another format or upload it to a Web site without written permission. For music recordings, you may have to pay a fee
Limited exception: Some language cassettes and CDs come with permission to make class sets for lab use or library use
Non-educational uses of audio-recordings are not covered by these exceptions. For example: Playing recorded music over the telephone system to entertain callers on ‘Hold’ is not an educational use and must have permission

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Slides & Transparencies

Production of slides and transparencies for use in the classroom is covered by the Access Copyright agreement
You may make overhead transparencies or slides of images or text from published works subject to the same restrictions as photocopying
Important exception: You may make a slide or transparency of a reproduction of a work of art (such as a painting) only if it is not commercially available
The new Access Copyright agreement allows temporary digital copies of published works to be made for the sole purpose of creating a slide or transparency or for LCD projection
Commercially produced slides and transparencies can be freely used in the classroom
However, commerically produced slides and transparencies may not be duplicated or transferred to another format without permission

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Duplication Rights for Media

A video, DVD, CD, CD-ROM, audiocassette, computer program, slide or other image may not be duplicated without written permission from the copyright holder
The payment of a fee may be required
In a few cases, such as with many language audio-recordings, a limited duplication right is included when the title is purchased

Making a Copy

If you require duplication of a media title, please contact Niina Mitter, Media & Copyright Librarian (local 5290), who will obtain permission from the rights holders
Please remember that when a title is commercially available, permission to duplicate is rarely given or may cost more than buying a second copy
Once permission to duplicate has been obtained, Instructional Media Services (room A265, local 5309/5277) will do the copying for you. IMS cannot process your request unless you include a copy of the written permission with your duplication request

Format Transfers

When a media format becomes obsolete, such as ¾” video or reel-to-reel tape, the content may be transferred to another format provided it is not commercially available in the new format
In cases where the format is old but not yet obsolete, such as 16mm film, written permission is required from the rights holders and a fee may be charged
Transfer to a digital format, such as a CD or DVD, also requires permission to digitize
Please send all requests for format transfers to Niina Mitter (local 5290), who will obtain the necessary permissions, if available
In cases where the content has been reissued in a new format it may be cheaper to buy the program in the new format rather than to pay for the transfer right

Making Clips and Compilations

Making a compilation of video clips from several other tapes or DVDs is a violation of copyright and may only be done with written permission from all the rights holders. Duplication rights and in some cases moral rights (see Glossary), may also be involved

If a compilation is absolutely necessary, please contact Niina Mitter (local 5290) to obtain the necessary permission

Please note that this process can easily take many weeks, so allow plenty of time. In many cases it may not be possible to get permission or the cost may be prohibitive

Exception for Exams

A limited exception in the Copyright Act allows a compilation of clips to be made, solely for use in an examination

The compilation may not be used for any other purpose. Call Niina Mitter (local 5290) for more information

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Images for Posters & Other Promotional Material

Posters and promotional handouts advertising upcoming courses or college events frequently use images to illustrate the content. Unless they are obtained from public domain or copyright free sources, all such images must have permission before they can be used
Copyright clearance has to be obtained to use images from:

Books
Magazines and journals
Other posters or cards
Web sites (including those which seem to be “free”)
CD-ROMs and DVD-ROMs

Digitized
Altered in any way, such as by adding text to it
Combined with other images
Digitally manipulated

Images you have created or photographs you have taken yourself can be used freely since the copyright belongs to you
Contact Niina Mitter (local 5290) for assistance with obtaining clearances for images to be used on posters

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Recording off Television or Radio [Off-air Taping Rights]

With certain very limited exceptions, it is illegal to record a television or radio broadcast and use it for any purpose other than private home viewing

The new Copyright Act grants limited off-air taping rights in the following cases:

A news or news commentary program may be recorded and retained for a year, after which royalties must be paid for each public performance or the recording erased. Documentaries are specifically excluded from this category and may not be recorded under its provisions
Any program may be recorded for evaluation or preview purposes and retained for 30 days. It cannot be used in a classroom and must be erased after 30 days

In practice, except for news broadcasts and programs for preview, off-air taping is virtually impossible
Please send off-air taping requests to Instructional Media Services. Instructional Media staff will do the actual taping and maintain the detailed documentation required. 30-day preview tapes are handled by Janet White (local 5457)

SPECIAL NOTE!

Please do not make your own off-air recordings since there are very stringent guidelines about what may or may not be recorded and what documentation needs to be kept. For assistance and/or interpretation call Niina Mitter (local 5290).
Since the College Library is also a Public Performance site, no privately made off-air recordings may be used on the equipment in the open Media Lab. Please ensure that your students are aware that it is illegal to view such recordings on Library equipment

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Digital Resources

Digital Rights

The Copyright Act does not yet cover digital rights. The next phase of the Copyright Act will deal with digitization

In the case of non-print media, digital rights are required for the creation and/or use of a digitized copy of any image, audio, video or multimedia program

In practice, this means that any activity, which involves digitization, such as scanning a photograph to create a computer file, must have permission to digitize from all the rights holders

Digital content is all covered by Copyright

The rapid development of the Internet has given growing importance to digital content in many different forms. It is important to remember that all forms of digital content are covered by copyright

When such content, whether it is text, an image or a video clip, belongs to someone other than the person who wants to use it, on a Web page or in any other form, written permission is required

Content that has previously been published in another format, such as print, also requires permission before it can be put up on a Web page. In such cases it is also often necessary to obtain permission to digitize the material

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Digital Formats:

DVDs & DVD-ROMs

DVDs come under the same copyright rules as videos

DVDs of feature films are mostly covered by the Feature Film Licence

Documentary and educational material on DVD must have Public Performance Rights for classroom use

You cannot make compilations of clips from a number of DVDs without permission

Images downloaded from DVDs may only be used for study, research or criticism

CD-ROMs

The use of CD-ROMs are usually covered by Licences

The “Terms of Use” in such a licence spells out exactly what you can or cannot do with a CD-ROM

In most cases, loans of CD-ROMs are prohibited by the “Terms of Use”

Library CD-ROMs are “in-library use only” in order to comply with the Terms of Use

CD-ROMs in textbooks on Reserve are circulated only if the licence allows it

Note: These restrictions are imposed by Contract, not Copyright law!

Databases

Licence agreements, with detailed “Terms of Use”, also cover databases which the Library subscribes to, such as those available through the Electronic Library Network

In general, use of material from a database is restricted to private study, research or criticism

Printing or downloading is only allowed for personal use and only in limited quantities

Images downloaded from such databases may only be used for study, research or criticism

All other uses of material from proprietary databases require permission

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Web Pages

You need Permission to:

Upload anything on to a web page that is not your own creation or to which you do not hold copyright
Modify, edit, add to or in any way change content that is not your own creation or to which you do not hold copyright. This includes material that you already have permission to upload
Upload material to which you have copyright, but which involves participants who have not given their permission to put the material up on the web. For example: a guest speaker giving a lecture [you need the speaker’s permission]
Download material for classroom distribution, courseware packages or reserve readings
Download images for use in any promotional material such as posters or handouts

Please Remember:

Licenses and/or contractual agreements often have to be negotiated when any previously published material is uploaded
Permissions and clearances often take much longer than you expect. Please allow lots of time [i.e. several months, if possible]

Question, problems:

Please contact Niina Mitter, Media & Copyright Librarian (local 5290), for assistance with permissions and clearances for Web pages

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Contacts

Printed Materials
Niina Mitter, Media & Copyright Librarian	local 5290	nmitter@langara.bc.ca
Amber Rockwell, Library Technician	local 5383	arockwell@langara.bc.ca
Audio-visual & New Media
Niina Mitter, Media & Copyright Librarian	local 5290	nmitter@langara.bc.ca
Helena Nest, Media Booker	local 5458	hnest@langara.bc.ca
Amber Rockwell, Library Technician	local 5383	arockwell@langara.bc.ca
Instructional Media Services
Kees Hof, Supervisor	local 5425	khof@langara.bc.ca
Craig Madokoro, Senior A/V Technician	local 5277	cmadokoro@langara.bc.ca
Bookstore
Robert Leaf, Bookstore Manager	local 5513	rleaf@langara.bc.ca
Printshop
Joyce Robson, Manager College Administrative Services	local 5218	jrobson@langara.bc.ca
Printshop Staff	local 5353	printshop@langara.bc.ca

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Internet Resources

The following Web sites have substantial resources on various aspects of Copyright law in Canada:

Access Copyright	http://www.accesscopyright.ca
Canadian Library Association	http://www.cla.ca/
Canadian Intellectual Property Office	http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html?OpenDocument
Canadian Heritage Copyright Policy Branch	http://www.pch.gc.ca/pc-ch/org/sectr/ac-ca/pda-cpb/index-eng.cfm
Queen’s Libraries (Kingston)	http://library.queensu.ca/research/guide/copyright-information

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Glossary

Educational Exemption

A fantasy in the minds of instructors everywhere. There is no such thing in Canada.

Fair Dealing

The Copyright Act (section 29, 29.1, 29.2) indicates that dealing “fairly” with a work for the purposes of research, private study, criticism review or news reporting is not an infringement of copyright
Fair dealing applies to all works
Libraries can make copies on behalf of their (or other library’s) non-profit patrons for research, private study, criticism or review (i.e. interlibrary loan is okay)

Fair Use

This is a term used in the United States copyright law
In the U.S. it includes fair dealing, multiple copies (if certain conditions are met) and ”face to face” viewing of videos in the classroom
Do not confuse this term with “fair dealing”, which is the term used in the Canadian Copyright Act

Insubstantial/Substantial

The quantity of what is copied (usually 1-2%) is considered insubstantial
The value of what is copied (“Frankly my dear, I don’t give a damn”) is substantial in terms of value
Insubstantial copying is not defined in the Copyright Act. The right of the copyright owner does not include rights to control insubstantial copying

Moral Rights

This is the right to have the integrity of a work and the purpose for which it was created, respected. Moral right to a work always remains with the creator of the work and may not be assigned to someone else, although it can be waived
In practice, this means that actions such as: editing portions of a videotape or superimposing script on a photograph, violates copyright and may not be undertaken without written permission from the rights holder

Public Domain

Refers to works that belong to the public. Copyright protection has a time limit and when that time limit expires the work falls into the public domain and anyone may use it without permission
It also covers those works which were not eligible for copyright protection or because the owner has given the copyright to the public

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