Fair Dealing & Copyright Canada

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Presentation transcript:

Fair Dealing & Copyright Canada Important Things to Know if you are Using Video Clips from the Internet

Using Images Best Practice & Easiest Practice to most complicated

Create it Yourself If you use a graphic program or paint or draw yourself, you own those images and there is no one to ask for permission

Get Your Camera Out Again, if you are the photographer, you own those images. However, if you take photos of people or private property, be sure to ask for permission to post and publish their image.

Use Creative Commons: These Images are Shareable https://search.creativecommons.org/

Check Usage Rights with Google Images

Go to Tools, Then Usage Rights for Google Images

Canada’s Copyright Act on Fair Dealing states: Fair dealing is a user right contained in the Copyright Act. Fair dealing allows you to copy from a copyrighted work, without the copyright owner's permission, if: the copy is for one these purposes: research, private study, education, parody, satire, criticism, review or news reporting; and. your dealing (use) is fair ...

You can copy or communicate short excerpts from a copyright‐protected work under Fair Dealing Guidelines for the purpose of news reporting, criticism, or review. You should mention the source and, if given in the source, the name of the author or creator of the work. Can be up to 10% of a copyrighted work.

Four Factors for Fair Use of Videos

Four Factors for Fair Use of Videos 1. The purpose and character of the use, including whether such use is of commercial (to sell something) or is for non-profit educational purposes (that’s our videos-to educate, inform and inspire but Not For Profit) 2. The nature of the copyrighted work is creative intellectual property (factual videos less likely to be a problem than fictional works) 3. How much of the work and how much compared to the whole work did you use? Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the 'heart' of the work. (Be careful) 4. The effect of the use upon the potential market for, or value of, the copyrighted work (will your Not For Profit video take money away from the original owner?) Will use of the original video have an effect on the original owner (affect business, change the brand, risk perceptions)

When in Doubt, Leave it Out! Fair Use Copyright Protected Materials (if it’s going to make money) You Must: Find out who actually owns it first Find the Terms of Use on their website Get permission Take no chances: When in Doubt, Leave it Out!

Where to find this info Yourself: "Copyright at UBC: Basics FAQ." July 2017. The University of British Columbia. Scholarly Communications and Copyright Office. Web. 25 November 2017. <https://copyright.ubc.ca/guidelines-and-resources/faq/basics/>. Council of Ministers of Education Canada. "Copyright Matters!" n.d. Council Ministers of Education, Canada. 24 November 2017. <https://www.cmec.ca/docs/copyright/CopyrightFairDealingClassroom_EN.pdf >. Felicissimo, David. "Copyright in a YouTube world." Canadian Lawyer Magazine 29 December 2015. web. 23 November 2017. <http://www.canadianlawyermag.com/article/copyright-in-a-youtube-world-3124/>. YouTube. What is fair use? 2017. youtube.com. web. 21 November 2017. <https://www.youtube.com/intl/en-GB/yt/about/copyright/fair-use/>.