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Copyright and teaching The Basics


 

Please note that this webpage is for general information purposes only, and does not constitute legal advice.

Included on this page are the following:

  • The key questions about Canadian Copyright teachers should ask themselves to be informed users, creators and teachers in a digital world.

     

  • The Web Resources on Canadian Copyright available to provide more information.

Canadian Copyright9 key questions

 

1. Basically what is copyright law all about?

Copyright law was created to protect creators of original material. The law  provides a way of determining "who gets paid" for their original work. It also provides "who pays" for use of that original work.


2. What is protected by copyright law?

  • literary works
  • dramatic works
  • music
  • artistic works
  • performer's performances
  • sound recordings
  • communication signals
[Source: Canadian Intellectual Property Office]

3. Who benefits from copyright law?  

Copyright law protects the person or groups of persons who create original material -- it establishes ownership.  

4. How long does copyright protection last?

Some materials have a special term of copyright protection. However, the general rule is that copyright protection lasts for the life of the creator of the work plus 50 years after the creator dies.  After this time passes, in most cases, the work becomes part of the public domain.

5. What legal rights are provided to the creator of an original work?

In general, copyright ownership gives someone the legal authority, under an agreement, to set contracts with others (whether for a fee or for free) as to who uses their copyrighted material, how it may be used and for how long.

6. What are digital locks?

Bill C-11 or the Copyright Modernization Act "introduces legal protection for digital locks. These locks are sometimes used by copyright owners to prevent their works from being accessed or copied without permission. Examples include passwords, encryption software and access codes."
[Source: Govt. of Canada: What the Copyright Modernization Act Says About Digital Locks]

7. What is 'fair dealing'?

According to the Douglas College Resources for Learning on copyright: "Fair Dealing is an exception that permits limited and non commercial copying for specific purposes. Fair Dealing is a user’s right that facilitates creativity and access to information by balancing the restrictions in the Copyright Act. Fair Dealing is not an unconditional exemption; a person must be using the work for one of the following purposes (listed in Section 29 of the Copyright Act)

  • Research
  • Private Study
  • Criticism
  • Review
  • News Reporting
Under Bill C-11, fair dealing expands the purposes to include education, parody or satire - provided the use is "fair".
For more information on Fair Dealing, see Michael Geist's blog posting on The Supreme Court of Canada Speaks: How To Assess Fair Dealing for Education, posted on Aug. 22, 2012.

8. What exceptions or limitations are there to the rights of copyright owners?

Sometimes exceptions will be made, within copyright law, and are generally granted to specific groups that work to benefit the public good; that is, organizations that can prove they serve the best interests of the public. Through these exceptions, the Government may give authority for specific groups to have the right to use copyrighted works without asking permission and without paying for the use of those works.
Under Bill C-11, there are specific exceptions for:

  • Expansion of Fair Dealing
  • Format shifting (reproduction for private purposes)
  • Time shifting
  • Back-up Copies
  • Non-commercial User Generated Content

For education purposes, there are exceptions for:
  • Publicly Available Materials on the Internet
  • Distance Education
  • Cinematographic works
  • Reproduction in Class
For library purposes, there is an exception for:
  • Digital Inter-Library Loans,
[Source: For more detail, see Dr. Michael Geist's Oct. 4, 2012 presentation [9.98 MB] "Coping with Copyright: the Educational Opportunities and Challenges from the Changing Canadian Copyright Landscape"]

9. What are the consequences when copyright law is broken?

When copyright law is broken it is called copyright infringement. Using material without the authorization of the copyright owner may result in some form of legal action,  such as claims for damages, injunctions to prevent use, etc.

featured web resources: Canadian Copyright


                Displaying 19 Great Resources
 
 

 
Copyright Matters!: Some Questions and Answers for Teachers site description for Copyright Matters!: Some Questions and Answers for Teachers
This updated 2012 document provides advice for educators on copyright issues in Canada, relating to print materials, video, as well as the internet. *This document takes into account Canada's new copyright law. 
http://cmec.ca/Publications/Lists/Publications/Attachments/291/Copy
right_Matters.pdf

 
Up, Up and Away? (TM) site description for Up, Up and Away? (TM)
This new (2012) lesson plan from Canadian organization MediaSmarts is designed for grades 7-8; it deals with intellectual property, copyright and trademark and the differences between these key concepts. 
http://mediasmarts.ca/lessonplan/up-and-away

 
Parliament of Canada: Copyright Modernization Act site description for Parliament of Canada: Copyright Modernization Act
This page from the Parliament of Canada has the full text of Bill C-11: The Copyright Modernization Act, which received Royal Assent in June of 2012. 
http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E
&Mode=1&DocId=5697419

 
Govt. of Canada: What the Copyright Modernization Act Says About Digital Locks site description for Govt. of Canada: What the Copyright Modernization Act Says About Digital Locks
"The Copyright Modernization Act introduces legal protection for digital locks. These locks are sometimes used by copyright owners to prevent their works from being accessed or copied without permission. Examples include passwords, encryption software and access codes." [site] 
http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/rp01182.ht
ml

 
Govt. of Canada: What the Copyright Modernization Act Means for Teachers and Students site description for Govt. of Canada: What the Copyright Modernization Act Means for Teachers and Students
"In recognition of the potential that technology offers education, the Copyright Modernization Act greatly expands the ability of teachers and students to make use of new digital technologies and of copyrighted materials for the purpose of education and study." [site] 
http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/rp01185.ht
ml

 
Michael Geist's Blog site description for Michael Geist's Blog
Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. His blog offers perspective on current technology law as well as intellectual property, copyright and fair dealing laws. 
http://www.michaelgeist.ca/

 
Douglas College Guide to Copyright site description for Douglas College Guide to Copyright
Douglas College, located in British Columbia, has prepared this guide to copyright, broken into manageable sections with practical examples provided where possible. 
http://guides.douglas.bc.ca/Copyright

 
Govt. of Canada: What the Copyright Modernization Act Means for Copyright Owners, Artists and Creators site description for Govt. of Canada: What the Copyright Modernization Act Means for Copyright Owners, Artists and Creators
"Copyright owners are also often artists and creators. The Copyright Modernization Act promotes creativity, innovation and culture by introducing new rights and protections for artists and creators. It will help these people protect their work and ensure they are fairly compensated for their efforts."... 
http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/rp01189.ht
ml

 
Govt. of Canada: The Copyright Modernization Act: Questions and Answers site description for Govt. of Canada: The Copyright Modernization Act: Questions and Answers
A linked document, from the Government of Canada, which provides a quick overview of upcoming changes in the copyright laws. Educators are mentioned throughout the page. 
http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01153.
html

 
Canadian Intellectual Property Office site description for Canadian Intellectual Property Office
The Canadian Intellectual Property Office is responsible for the administration and processing of the greater part of Intellectual Property in Canada. 
http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html

 
Educational Rights Collective of Canada FAQ site description for Educational Rights Collective of Canada FAQ
"The Education Rights Collective of Canada supervises the rights and obligations that apply when Canadian educational institutions want to copy and use radio or television programs for educational use in classrooms." (site) 
http://ercc.ca/ed_insts_faq_part2.html

 
Alberta Freedom of Information and Protection of Privacy Act site description for Alberta Freedom of Information and Protection of Privacy Act
The Access and Privacy Branch of Alberta Government Services supports public bodies in administering the FOIP legislation by providing products and services. Alberta FOIPP Act information is accessible online here.  
http://foip.gov.ab.ca/

 
Access Copyright (Canadian Copyright Licensing Agency) site description for Access Copyright (Canadian Copyright Licensing Agency)
Access Copyright,the Canadian Copyright Licensing Agency, provides useful information about copyright issues, licensing solutions and promotes public awareness about Canadian copyright.  
http://www.accesscopyright.ca/

 
Canadian Legal FAQs: Copyright site description for Canadian Legal FAQs: Copyright
From the Legal Studies Program, Faculty of Extension, University of Alberta. This list of FAQs is sure to answer many of your common questions about copyright. 
http://www.law-faqs.org/wiki/index.php/Copyright

 
Canadian Network for Innovation in Education: Canadian Copyright site description for Canadian Network for Innovation in Education: Canadian Copyright
When the federal government initiated a series of consultations across Canada as preparation for the creation of a new Canadian Copyright law, CNIE prepared a response to the questions (in italics) posted on the e-consultation website. 
http://www.cnie-rcie.ca/sites/default/files/CNIE_CopyrightSubmissio
n_200908_E.pdf

 
The Canadian Intellectual Property Office - A Guide to Copyrights site description for The Canadian Intellectual Property Office  - A Guide to Copyrights
This section of the CIPO website is focused on copyright protection, registration of copyright, and common questions about copyright. It also provides a glossary of terms used in conjunction with copyright issues.  
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng
/h_wr00003.html

 
Copyright Policy Branch Website site description for Copyright Policy Branch Website
"The Copyright Policy Branch of the Department of Canadian Heritage, in co-operation with the Intellectual Property Policy Directorate of Industry Canada, is responsible for formulating and implementing an integrated Canadian copyright policy....This new Copyright Policy Branch Web site is intended... 
http://www.pch.gc.ca/progs/ac-ca/progs/pda-cpb/index_e.cfm

 
The Canadian Copyright Act - html version site description for The Canadian Copyright Act - html version
Canadian copyright law is governed by the Copyright Act, which protects original literary, artistic, musical and dramatic works. The Copyright act is current to March, 2011. 
http://laws.justice.gc.ca/eng/C-42/index.html

 
Copyright Act - pdf version site description for Copyright Act - pdf version
Canadian copyright law is governed by the Copyright Act, which protects original literary, artistic, musical and dramatic works. The Copyright act is current to March, 2011. 
http://laws.justice.gc.ca/PDF/Statute/C/C-42.pdf
Displaying 19 Great Resources

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