The Campaign for McMaster University Copy McMaster Anne Pottier & Sarah O’Byrne October 25,

Legal Disclaimer Nothing in this presentation constitutes legal advice.

Outline  What has changed regarding © at MAC  Access Copyright license  Fair dealing policy  Copyright Modernization Act  What you need to know about © when:  Selecting course materials  Setting up a course website  Presenting in the classroom  Questions

What’s New  March 1, 2012 – Board of Governors approved Fair Dealing Policy  June 25, 2012 – MAC signs license with Access Copyright  June 29, 2012 – Copyright Modernization Act receives Royal Assent (i.e. becomes law – but is not yet in effect). It is at the order-in-council process.  July 12, 2012 – Supreme Court hands down 5 copyright judgments, affirming fair dealing

Fair Dealing Policy  The Fair Dealing policy was adopted by all AUCC members; it was approved by both Senate and BOG  This policy outlines the copying of published works that can be made in print or electronic format by a university through its staff and faculty members under the exception for fair dealing in sections 29 to 29.2 of the Copyright Act, without seeking permission of the copyright owner.  The Fair Dealing policy does not address exceptions in the Copyright Act other than fair dealing.

Fair Dealing Policy - continued  The Fair Dealing policy does not restrict any copying our institution is permitted to do under arrangements we may have with publishers – eg. CRKN licenses  Where there is a conflict between the terms of a license agreement and the FD Policy, the terms of the license agreement apply  The Fair Dealing policy does not permit making copies for sale to students in course packs, making copies of required readings for library reserve, or posting copies on course management systems.

Fair Dealing Policy - continued  The Fair Dealing policy asks that each institution appoint a person who will make decisions on whether copying outside the scope of the copying guidelines are for one of the fair dealing purposes of research, private study, review, criticism or new reporting, and in all the circumstances, whether the making of the copies is fair.  We currently have a Copyright Working Group which works together to make these decisions 

Access Copyright Agreement  Access Copyright is a not-for-profit collective society that represents the reproduction rights of rights holders, and grants licenses for the use of copyright- protected published works.  AC filed a tariff with the Copyright Board of Canada, the Access Copyright Post-Secondary Educational Institutions Tariff, , to cover the reproduction of published works by post-secondary educational institutions across Canada, excluding Quebec.

Access Copyright Agreement - continued  This agreement permits institutions to legally reproduce copyright-protected works in ways that would be outside the scope of fair dealing, or any other applicable exception, under the Copyright Act.  The term of this agreement is from January 1, 2011 to December 31,  Must check both the AC Inclusions List (print) and Inclusions List (digital) to see if the content is included in their repertoire

Access Copyright Agreement - continued For published works in Access Copyright’s repertoire, you can:  Photocopy, fax, scan and print  Store copies, such as on a hard drive, USB or secure network  Transmit by , upload or post copies within a secure network  Project and display copies – eg. Overheads, monitors, interactive whiteboards  Make copies for purposes of interlibrary loan, creating alternate format copies and managing library collections  Create course collections (paper copies of published works assembled into coursepacks or digital copies of published works that are ed, linked, posted on, uploaded to or stored on a secure network)

Access Copyright Agreement - continued You may copy up to 10% of a repertoire work or make a copy of a repertoire work that is:  An entire article, short story, play, essay or poem  An entire article or page from a newspaper or periodical  An entire entry from an encyclopedia or similar reference work  One chapter of a book, provided that the chapter is no more than 20% of that book  You may copy up to 20% of a repertoire work or any of the above for a Course Collection and for certain library collection management purposes 

Copyright Modernization Act  Key changes for Educational Institutions:  Fair Dealing Exception : The fair dealing exception will include three new purposes: education, parody or satire. This expands the existing exceptions: research and private study, criticism, review and news reporting. It expands fair dealing to recognize education in a structured context as a legitimate purpose.

NB:Can use someone’s work under fair dealing, provided that the use of the work is ‘fair’. Whether something is 'fair' will depend on the circumstances, including the amount used, the character and purpose of the use, the nature of the work, the effect of the use on the work and whether there were any appropriate alternatives. (CCH Canada Ltd. V. Law Society of Upper Canada)

Copyright Modernization Act  Expanded Educational Exceptions : reproduce a work, or do any other necessary act, in order to display it (for the purposes of education or training on its premises); perform a film or other cinematographic work in the classroom, as long as such work is not an infringing copy and was legally obtained; and

reproduce, communicate by telecommunication and perform for students, legitimately posted works that are available through the Internet, provided that the source and author are attributed, unless:  the works are protected by “digital locks”;  a clearly visible notice (and not merely the copyright symbol alone) prohibiting such act is posted on the website or on the work itself; or  the educational institution knows or should have known that the works are available on the Internet in violation of the copyright owner’s rights.

 Lessons by Telecommunication An educational institution for the purposes of education or training may communicate lessons via telecommunication and distance learning to students enrolled in the course and record such lessons. The student can also make a copy of such telecommunicated lesson to be viewed or listened to at a later time, provided that: - the student and the institution must destroy the recording or copy within 30 days after receipt by students of their final course evaluations; - the institution must take measures to limit the audience to students only, and to protect the lesson itself

What Does All This Mean For You?  Selecting Course Material  Print reserves – you are welcome to place ONE copy of a textbook on reserve, but this must be an instructors copy, since the library does not purchase textbooks  You may also place an article or a chapter of a book on reserve  The preferred method is to create a reading list with embedded durable links which will take students directly to the content

What Does All This Mean For You?  Selecting Course Material  Coursepacks – the staff in the Custom Courseware department determine whether the material you have requested is covered by either our Access Copyright agreement or Fair Dealing Policy and submit all necessary records to Access Copyright. For materials not covered by either of these, they will arrange transactional permissions with the publisher or author, and pay any required royalties. NB: the sooner you get your requests in the more likely your coursepacks will be ready when term starts!

What Does All This Mean For You?  Selecting Course Material  Avenue to Learn – under the current Access Copyright agreement you are permitted to post articles, etc to A2L or other course websites accessible only to students in a specific course  NB: our AC agreement expires in At this time we cannot predict whether we would renew this agreement or choose to manage all copyright requests internally. The FD Policy does NOT permit posting such materials in a CMS. We would recommend the use of durable links to make future transition easier.

What Does All This Mean For You?  Your Own Materials  Posting your own work on Avenue to Learn ✓ Can post your own original materials on Avenue to Learn provided you still hold the copyright or have retained the right to post online - e.g.: Course notes and outlines Slides (if you include third party © material, it will likely be covered by fair dealing, new Copyright Act amendments or Access licence) ✓ Your own articles, if you retained the right - check your publishing agreements

What Does All This Mean For You?  Website Materials  Before the Act is in effect: Link (or check website terms of use to see if posting allowed)  Once the Act is in effect: Can post internet materials to Avenue to Learn if: The website & author are identified The material is not protected by a ‘technological protection measure’ (e.g. password protection) There is no ‘clearly visible notice’ prohibiting educational use The work has been posted legitimately  Until then: link

Your Checklist ✓ Has the material been posted legitimately (i.e. by the or with the consent of the © owner)? ✓ There is no clearly visible notice prohibiting you from reproducing the content for educational use? ✓ There is no technological protection measure preventing access to the material or preventing copying of the material? ✓ You have acknowledged the author & website

Post or Link to Journal Articles  You need to... Provide links to articles, e-Resources and Library Catalogue records in Avenue and other course Web pages that are stable over time and will work both on and off campus.  The problem: Adding links the usual way (copying and pasting the URL that appears in your browser) doesn't always work since those URLs often contain variables that change every time the article or e-Resource is accessed. Also, the URLs you copy from your browser do not contain the code necessary to make off-campus access possible.  The Solution: Use Digital Object Identifiers (DOI) or Persistent URLs and the information contained on these pages to create links that work!DOI 

 Public Domain Material  Material in which the © term has expired © expires 50 years after the author dies  Government Material  Posting on Avenue to Learn : Canadian government Ontario government US government  Must acknowledge the government as the author/source of the material

Presenting in the Classroom  What you can do  Display materials in class (ie. power point slides)  Play sound recording  Play films (new)  Copy news programs and news commentary programs at time of broad cast and play in class (new)

Playing Films  Copyright Modernization Act amendments include the right to play a film in class. However it is not yet in force, so…..  Until then, you can show a feature film if you report it to the Classroom Audio Visual Services (CAVS) so that we can record/report the public performance rights.

Playing Films - continued  Media booked through the CAVS [usually Interfilm] does not need to be reported, since that is part of the booking process  Otherwise if not covered by the above……playing excerpts may be covered by fair dealing, but playing the entire film is likely not covered

Who to Contact  Avenue2Learn Centre for Leadership in Learning (CLL) extension  Courseware Donna Shapiro / Director, Titles Bookstore extension  Legal Sarah O’Byrne / Copyright Officer extension  Library Anne Pottier / Associate University Librarian extension  MPS / Printsmart Phil Poelmans / Manager, Media Production Services extension 24892

QUESTIONS? McMaster University Copyright The Campaign for McMaster University