Copyright Compliance at Capilano

FALL/WINTER 2012

Background:
Access Copyright License to December 31,

2010 Interim Tariff - January 1, 2011 to August 31, 2012 ACCC Model Agreement May 29, 2012 Fair Dealing Policy August 30, 2012 Copyright Board hearing to rule on tariff February 11, 2014

 Fair Dealing policy adopted as Executive Policy on September

2012

Prescriptive regarding percentages allowable i.e. 10%, 1

article, entire chapter

Balancing user and creator/publisher rights Processes and Procedures

Evaluate copying that may be outside fair Dealing parameters Permissions and transactional licenses for published material Web site Communications plan, workshops for faculty and staff Audit and checking compliance

 Course packs
Notices on photocopiers ACCC legal

council will provide wording

Copyright Modernization Legislation Bill C-11

Received Royal Assent June 2012, but requires Order-in-

Council Strengthened user rights Educational use as a fair use (can make excerpts without permission or payment) Technological neutrality Supportive of online learning Cannot circumvent technological protection measures (TPM)

Copyright Modernization Legislation Bill C-11

Reduced liability for infringement, if infringement was

non-commercial
Publicly available material on Internet can use

without permission or compensation, notice must be printed on site if cant use material
Digital ILL transmission (restrictions) can make 1 paper

copy & must destroy after 5 days

Exception for public performance in schools

(performance in public of a cinematographic work, as long as not an infringing copy)

New Case Law

Supreme Court Rulings K-12 July 2012 Reversed

previous decision K-12 that copies made by teachers, instructing students to read, applying CCH factors, is covered under Fair Dealing.

Fair Dealing
Fa i r D e a l i n g fo r p u r p o s e o f r e s e a rc h , p r i v a t e s t u d y, e d u c a t i o n , p a r o d y o r s a t i r e d o e s n o t i n f r i n g e c o p y r i g h t .

To qualify for fair dealing exemption, two part test: The dealing

must be for a purpose stated in the Copyright Act, and the dealing must be fair (CCH 6 point test) Copying for allowable purpose Character i.e. Not commercial Amount i.e. Short excerpts Alternatives complement existing textbooks Nature of the dealing Effect of the dealing on the work, i.e. Sales

Next:

Interrogatory questions in abeyance December workshop ACCC on Fair

Dealings policy Proposed shared service

Alternatives
Licensed Library Databases Open Education and Creative Commons Contact Library Grace Makarewicz, University

Librarian with any copyright questions