Presentation on theme: "Copyright changes: How Bill C-11 will impact the way you use resources at your school Feb 15, 2013 Staff Association Convention Presented by Loralei Turner."— Presentation transcript:
Copyright changes: How Bill C-11 will impact the way you use resources at your school Feb 15, 2013 Staff Association Convention Presented by Loralei Turner & Michelle Christoffersen
Copyright Bill C-11 updates the Canadian Copyright Act Most of the provisions came into force in November 2012 It affects how schools and libraries can use resources, both print and digital CBE is updating Administrative Regulations Learning Innovation is providing some leadership to CBE around Bill C-11, making information available in CORE (www.albertacore.ca) Image from:
What can schools copy? A copyright protected work IF : *For educational purposes *Not already commercially available in a medium appropriate for use (technological neutrality over additional payments) Can be photocopied, projected or put online (PW protected) used for exams Translated or adapted for students with special needs (except to make a large-print book) Image from:
Fair dealing : PURPOSE Copyrighted works can be used for the purpose of 1) Research 2) Private study (=Fair dealing) 3) Criticism 4) Review 5) News reporting 6) Education (=Fair dealing) 7) Satire 8) Parody
Student copies (Education = Private Study) Teachers have no ulterior motive for personal gain when providing copies to students Access Copyright Court Case: It seems … axiomatic that most students lack the expertise to find or request the materials required for their own research and private study, and rely on the guidance of their teachers. They study what they are told to study, and the teacher's purpose in providing copies is to enable the students to have the material they need for the purpose of studying. The teacher/copier therefore shares a symbiotic purpose with the student/user who is engaging in research or private study. Instruction and research/private study are, in the school context, tautological. (identical)
Fair Dealing – 6 factor test Is the dealing itself fair? (6 factor test) 1 Purpose (EDUCATION = YES) 2 Character of work being done 3 Alternatives (copyright free equivalents) 4 Amount of work used (excerpt) 5 Nature of the work & use (attribution may lead to broader dissemination) 6 Effect on sales
Definition: Fair dealing For educational purposes schools: Can use or share short excerpts of a work with students (in paper or electronic form) Can provide a single copy or short excerpt to students as Handout Online course (password protected) In a course pack Should cite the source/author/creator technology neutral (not referring to specific display technologies … projector, intranet class webpage etc.)
Definition: Short excerpt: Up to 10% One chapter/magazine/newspaper article/page One print/photo/graphic from a collection One poem or musical score from a collection One entry from encyclopedia, dictionary, bibliography etc. NOT : The entire work/ multiple excerpts from the same work NOT : A work for which a fee is charged (over than the recovery cost for the institution)
School Libraries Can make a backup copy for damage restoration IF replacement copy is NOT commercially available: make a copy if the original is in an obsolete format / in danger of becoming obsolete (technology to use is unavailable) o Provide digital inter-library loans (not to create additional copies to loan):
Digital Inter-Library Loans libraries able to loan digital copies of resources to their patrons or patrons of other libraries so long as they: Don’t make more than one copy prevent communicating to another person prevent use for more than five business days Don’t exceed the number of copies they own Don’t lend original at same time as copy
LIVE TV, Radio & sound recordings Schools can play LIVE over the air (TV, cable, satellite or internet), NOT recorded For educational or training purposes Not for profit / no motive of gain On school property & shown to students SOCAN tariffs/royalties would apply for extracurricular activities - see TV image from classroomcopyright.com
Audiovisual (DVD or video) Schools can show DVD or video for ed. purposes IF : Legally obtained copy (purchased, rented or borrowed from a store, library or friend) PPR license (VEC or Audio-Cine) NOT required for educational use PPR license still required for snowstorms, afterschool extracurricular activities etc. (confirmed by VEC) YouTube (uses Creative Commons, over 18) NOT paid subscriptions for personal use (eg. Shaw VOD) (Netflix permitted to be streamed CBE) NOT a copy made at home
Site licensing – tiered pricing Producers/Distributors sometimes have tiered pricing: Individual private copy $10 school site license $50 School board circulating price $150 Paying more for a site license for a school to show a video for educational purposes “may” no longer be necessary because Bill C-11 allows for a private copy of a DVD from home to be shown in class for educational purposes. It would be shown only to one group or person at a time. This is our current understanding.
Format Shifting Format shifting or conversion of content to a different format (ie VHS to DVD to digital) for private purposes is permitted assuming: converting from an authorized copy no circumvention of technology used (ie. Digital locks can’t be broken) use for private purposes (not shared/streamed) don’t give it away not a copy to CD (private copying levy) an individual can do this for themselves, not for a large group to access it (such as in a classroom) Libraries can convert format if medium is obsolete Images from classroomclipart.com
Digital Locks *** This provision trumps all others!!! You can NOT break digital locks Encryption, password Most commercial DVDs are encrypted Can’t use programs like Handbrake to bypass encryption & rip the DVD
News - Time Shifting Can PVR news or news-commentaries For educational use in school with students Excludes documentaries
Radio / TV programs (not news) – Time Shifting Can PVR For educational use with students Can keep for 30 days If kept longer, royalty must be paid (even if never used) For more info see ercc.ca
Mashups: Remixing & Sharing Not just for education Non-commercial, U ser- G enerated C ontent (digital or print) Cite original source if possible Legally acquired Would not affect sales of the original Can share mashup via YouTube or website (eg. Student dance routine with parental permission)
Internet text, images Schools can save, download and share PUBLICLY available materials NOT if password protected NOT if opt-out notice (more than standard copyright notice) posted prohibiting educational use Can use text and images in homework, plays or sharing on restricted-access course site. Must cite the source
Online Learning (D2L, Elluminate) Lessons containing copyrighted material can be delivered live online or archived for later access by students Make an effort to restrict further dissemination of the lesson (login, password etc.) Student can make a copy to keep & use for up to 30 days after report card received. Teacher should de-activate the course when it has ended to prevent students from accessing it post-course.
Plays Can perform a copyrighted play for drama class On school property / To (mostly) students Not for profit / No motive of gain Image from classroomclipart.com
Music Can copy music scores and perform live music in some cases for educational purposes Student performances Not for profit Not generally for extra-curricular or off-site activities.
Computer Software IF legal owner, can make ONE copy IF: Making backup copy, destroyed when no longer owns the original Translating or adapting to use with a particular computer For that person’s own use Copy erased when no longer owner
Student-created works ARE copyright-protected Because the student is a minor, the parents must authorize sharing of the work such as: School publications, teaching workshops, student exemplars, or online. CBE school website consent form required to post student art work online
Fines Statutory Damages for infringements reduced in keeping with support for user rights and Educational uses: Penalty for non-commercial infringements reduced to $100 – $5000 for ALL infringements Penalty for commercial infringements reduced to $500 – $ per infringement
Questions? It’s all in CORE! Log in to Search for C-11 Includes Ed Talk videos, Copyright Matters brochure, PPT presentations, FAQ & more Leave your questions in the comments section to be answered in the FAQ!
Questions? Post them in CORE Leave a comment in CORE & we’ll turn them into a FAQ. Check back later…
CORE: THE COPYRIGHT MODERNIZATION ACT (BILL C-11) - IMPACT IN THE CLASSROOM
The fine print: This information is not intended to provide legal advice, but rather, to facilitate access to resources for you to make informed choices around how to use resources in your school.