The Campaign for McMaster University Copy McMaster Anne Pottier Library Staff Session February 27,

Legal Disclaimer Nothing in this presentation constitutes legal advice.

Outline  What has changed regarding © at MAC  Copyright Modernization Act  Fair dealing policy  Access Copyright agreement  What you need to know about © when:  Putting materials on reserve  Providing materials on ILL  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  October 9, 2012 – AUCC produces revised Fair Dealing Guidelines (still waiting for regulations)

Copyright Modernization Act  Key changes for Educational Institutions:  Fair Dealing Exception : The fair dealing exception includes three new purposes: education, parody or satire. This expands the existing exceptions: research and private study, criticism, review and news reporting.

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 (ie. Distance ed) 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.

Fair Dealing Policy  The Fair Dealing policy was adopted by all Association of Universities and Colleges of Canada (AUCC) members; it was approved by both Senate and the Board of Governors  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 permits the making of copies, in paper or electronic form, of short excerpts from copyright- protected work for the purposes of research, private study, criticism, review, news reporting, education, satire or parody.

Fair Dealing Policy - continued  Copying or communicating short excerpts for the purpose of news reporting, criticism or review must mention the source, and if given in the source, the name of the author or creator of the work.  A copy of a short excerpt may be provided or communicated to each student enrolled in a class or course as a class handout, a posting to content management system (as long as access is restricted to students of the university) or as part of a course pack  Some examples of a short excerpt : a single article from a journal, one chapter from a book, up to 10% of a copyright- protected work

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 Advisory 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 to cover the reproduction of published works by post- secondary educational institutions across Canada, excluding Quebec. At this point our AC license changed from a 2 part license, to an all inclusive license.

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, We are working on a strategy to be working outside AC by the end of the agreement. Only 60% of the materials in current coursepacks is from publishers included in the AC repertoire.  Must check both the AC Inclusions List (print) and Inclusions List (digital) to see if the content is included in their repertoirerepertoire

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 pack and for certain library collection management purposes 

What Does All This Mean For You?  Putting Materials on Reserve  instructors 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  Instructors 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 or post the readings in their A2L course using durable links

What Does All This Mean For You?  Not sure whether we can supply an article to another library?  1. Check the Terms of Use on the Ontario Usage Rights (OUR) database - Staff View: used to determine specific ILL permissions/restrictionsOntario Usage Rights  2. Access Copyright Repertoire lookup tool - need ISSN and publisher name. This will tell you whether the journal title is included in the resources covered by our Access Copyright Agreement. If they are, we can supply a copy via ILL.lookup tool

Additional Information  Instructors Own Materials  Posting an instructors work on Avenue to Learn ✓ Can post their own original materials provided s/he still holds the copyright or have retained the right to post online - e.g.  Course notes and outlines  Slides (if third party © material is included, it will likely be covered by fair dealing, new Copyright Act amendments or Access licence) ✓ An instructors own articles, if s/he has retained the right – they should check their publishing agreements

Additional Information  Website Materials  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

 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 instructors 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  Media booked through the CAVS [usually Interfilm] no longer needs to be reported since we no longer need to track for Performance Rights.  Playing excerpts of films in a classroom is covered by fair dealing (as long as the film is a legitimate copy)  If a film is shown in a non-classroom situation Performance Rights do still need to be tracked

Still not sure? Need more information?  Check out the campus copyright

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