HOSPITAL COPYRIGHT TOOLKIT A Guide to the Canadian Copyright Act A Presentation prepared by Jan Figurski, MLS Mary McDiarmid, MISt, AHIP c2007

Topics Covered: What you should know about copyright Frequently asked questions Best practices For further information

Why you should know about copyright “It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that only the owner of the copyright has the right to do.” $$$ there are penalties…

the “right to copy” governed by the Canadian Copyright Act What is copyright?

What is covered by copyright?

Copyright is held by either: the author of the work the employer the publisher some other party Who owns the rights?

determine who the copyright owner is send the owner a request to use the work Obtaining copyright permission

you don’t have to do anything “mark” your work with notice of copyright e.g. © Jane Doe, 2007 register your work with CIPO lasts for the lifetime of the creator + 50 years How to copyright your works

“to reproduce … for the purpose of research or private study…” the Act is not definitive; factors to consider: - the purpose of the “dealing” - the character of the dealing - the amount of the dealing - were there alternatives to the dealing - the nature of the work - the effect of dealing on the work What is “fair dealing?”

Frequently Asked Questions Print Material May you make multiple print copies of an article or book chapter or photo/image and distribute it in a class or to a group of co-workers?

You should seek permission or buy a license. It is an infringement to: copy “substantial” parts of a work distribute to such an extent as to affect prejudicially the owner of the copyright Copyright Tip: just copy and distribute page 1 of the article, containing the citation & abstract NO!

Frequently Asked Questions Digital Material You’ve downloaded an article. May you now send it to colleagues?

…a license, subscription or site permits it. If not, then NO, because it would be an infringement to distribute it Copyright Tip: Send just the citation and abstract of the article or just the link to it YES! BUT ONLY IF…

May the library send you a digital copy of a journal article from our own hospital-licensed titles? Frequently Asked Questions Digital Material

the Copyright Act does not prohibit it the library may do anything for their clients that those clients as individuals can do for themselves Note: the Act does prohibit libraries from sending clients digital copies of articles obtained from other libraries’ collections Yes!

Frequently Asked Questions Images May you use an image, table, or graph, in a slide presentation at rounds?

You are projecting the image, table, graph, or quote in a classroom situation Copyright Tip: always cite your sources. YES! BUT ONLY IF…

Frequently Asked Questions Images May you use an image, table, or graph you found, in an article that you are writing?

You must obtain permission from the copyright holder, and you must cite the source in the article you are writing NO!

YES. Exceptions are specified for: libraries, archives, and museums educational institutions individuals making a single copy for their own personal use Frequently asked Questions Are there exceptions?

Best Practices Citing Should you cite the source of copied materials? YES, always

When do you need to obtain copyright permission? If you want to use and/or reproduce original material that you did not write or create yourself - Questionnaires, maps, illustrations, journal articles - Web pages, instruction manuals, workbooks, examination papers - Newsletters, government publications, works of art - Publications containing a notice prohibiting copying - Unpublished works, music, letters, advertisements Best Practices Permissions

The Canadian Copyright Act governs the making of photocopies or other reproductions of copyright material. Certain copying may be an infringement of the copyright law. The [Name of Hospital] is not responsible for infringing copies made by the users of this machine. Best Practices Copier Signage

Should the hospital have a copyright policy? YES. as a standard risk management practice to promote compliance with the Act to provide guidelines for staff Best Practices Policies

Should the hospital buy a copyright license? Copyright collectives sell copying licenses to organizations on behalf of copyright holders Major Benefit: - less need to seek permissions to copy Limitations: - don’t represent all copyright holders - not necessary for “fair dealing” - cost Best Practices Licensing

More Questions? Hospital Copyright Toolkit Copyright Act Your Hospital Library Access Copyright Canadian Intellectual Property Office Copyright Board of Canada

Hospital Copyright Toolkit27 HOSPITAL COPYRIGHT TOOLKIT A Guide to the Canadian Copyright Act