Copyright changes: How Bill C-11 will impact the way you use resources at your school Feb 15, 2013 Staff Association Convention Presented by Loralei Turner.

Copyright changes: How Bill C-11 will impact the way you use resources at your school

Feb 15, 2013 Staff Association Convention

Presented by

Loralei Turner & Michelle Christoffersen

Copyright Bill C-11 updates the Canadian Copyright Act Most of the provisions came into force in

November 2012 It affects how schools and libraries can use

resources, both print and digital CBE is updating Administrative Regulations Learning Innovation is providing some

leadership to CBE around Bill C-11, making information available in CORE (www.albertacore.ca)

Image from: http://www.sync-blog.com/sync/2010/11/updating-canadian-copyright-laws-is-bill-c-32-the-answer.html

What can schools copy? A copyright protected work IF:

*For educational purposes *Not already commercially available in a medium

appropriate for use (technological neutrality over additional payments)

Can be photocopied, projected or put online (PW

protected) used for exams Translated or adapted for students with special

needs (except to make a large-print book) Image from: http://www.sync-blog.com/sync/2010/11/updating-canadian-copyright-laws-is-bill-c-32-the-answer.html

Fair dealing : PURPOSE Copyrighted works can be used for the purpose

of1) Research2) Private study (=Fair dealing)3) Criticism4) Review5) News reporting6) Education (=Fair dealing)7) Satire8) Parody

Student copies (Education = Private Study) Teachers have no ulterior motive for personal

gain when providing copies to studentsAccess Copyright Court Case:It seems … axiomatic that most students lack the expertise

to find or request the materials required for their own research and private study, and rely on the guidance of their teachers.

They study what they are told to study, and the teacher's purpose in providing copies is to enable the students to have the material they need for the purpose of studying. The teacher/copier therefore shares a symbiotic purpose with the student/user who is engaging in research or private study. Instruction and research/private study are, in the school context, tautological. (identical)

Fair Dealing – 6 factor test Is the dealing itself fair? (6 factor test)

1 Purpose (EDUCATION = YES)2 Character of work being done3 Alternatives (copyright free

equivalents)4 Amount of work used (excerpt)5 Nature of the work & use (attribution

may lead to broader dissemination)6 Effect on sales

Definition: Fair dealing For educational purposes schools: Can use or share short excerpts of a work with

students (in paper or electronic form) Can provide a single copy or short excerpt to

students as Handout Online course (password protected) In a course pack

Should cite the source/author/creator technology neutral (not referring to specific display

technologies … projector, intranet class webpage etc.)

Definition: Short excerpt: Up to 10% One chapter/magazine/newspaper article/page One print/photo/graphic from a collection One poem or musical score from a collection One entry from encyclopedia, dictionary,

bibliography etc. NOT: The entire work/ multiple excerpts from

the same work NOT: A work for which a fee is charged (over

than the recovery cost for the institution)

School Libraries Can make a backup copy for damage

restoration IF replacement copy is NOT commercially

available:• make a copy if the original is in an

obsolete format / in danger of becoming obsolete (technology to use is unavailable)

o Provide digital inter-library loans (not to create additional copies to loan):

Digital Inter-Library Loans

libraries able to loan digital copies of resources to their patrons or patrons of other libraries so long as they: Don’t make more than one copy prevent communicating to another person prevent use for more than five business

days Don’t exceed the number of copies they

own Don’t lend original at same time as copy

LIVE TV, Radio & sound recordings Schools can play LIVE over the air (TV,

cable, satellite or internet), NOT recorded

For educational or training purposes Not for profit / no motive of gain On school property & shown to

students SOCAN tariffs/royalties would apply for

extracurricular activities - see www.socan.caTV image from classroomcopyright.com

Audiovisual (DVD or video) Schools can show DVD or video for ed. purposes IF: Legally obtained copy (purchased, rented or

borrowed from a store, library or friend) PPR license (VEC or Audio-Cine) NOT required for

educational use PPR license still required for snowstorms, afterschool

extracurricular activities etc. (confirmed by VEC) YouTube (uses Creative Commons, over 18) NOT paid subscriptions for personal use (eg. Shaw

VOD) (Netflix permitted to be streamed CBE) NOT a copy made at home

Site licensing – tiered pricing

Producers/Distributors sometimes have tiered pricing:• Individual private copy $10• school site license $50• School board circulating price $150

Paying more for a site license for a school to show a video for educational purposes “may” no longer be necessary because Bill C-11 allows for a private copy of a DVD from home to be shown in class for educational purposes. It would be shown only to one group or person at a time. This is our current understanding.

Format Shifting Format shifting or conversion of content to a

different format (ie VHS to DVD to digital) for private purposes is permitted assuming:• converting from an authorized copy• no circumvention of technology used (ie. Digital locks

can’t be broken)• use for private purposes (not shared/streamed)• don’t give it away• not a copy to CD (private copying levy)• an individual can do this for themselves, not for a large

group to access it (such as in a classroom)• Libraries can convert format if medium is obsolete

Images from classroomclipart.com

Digital Locks *** This provision trumps all others!!! You can NOT break digital locks Encryption, password Most commercial DVDs are encrypted Can’t use programs like Handbrake to

bypass encryption & rip the DVD

News - Time Shifting Can PVR news or news-commentaries For educational use in school with

students Excludes documentaries

Radio / TV programs (not news) – Time Shifting Can PVR For educational use with students Can keep for 30 days If kept longer, royalty must be paid

(even if never used) For more info see ercc.ca

Time Shifting - Examples

Can show recorded programs later in class for educational purposes:

Netflix/VOD – no (see Terms of Use re 24hr. Access, paid subscription)

TV: OTA/Cable/Satellite (yes, see agreement) iTunes – yes* on 5 libraries / 10 deviced(see

agreement) YouTube – yes* if over 18*, if streamed (not

downloaded) from YT, creative commons licensing. Embed to avoid suggestions.

P2P File Sharing of © material – like Bit Torrent – NO! illegal. Some non © ie NASA material legal.

Mashups: Remixing & Sharing Not just for education Non-commercial, User-Generated

Content (digital or print) Cite original source if possible Legally acquired Would not affect sales of the original Can share mashup via YouTube or

website (eg. Student dance routine with parental permission)

Internet text, images Schools can save, download and share

PUBLICLY available materials NOT if password protected NOT if opt-out notice (more than standard

copyright notice) posted prohibiting educational use

Can use text and images in homework, plays or sharing on restricted-access course site.

Must cite the source

Online Learning (D2L, Elluminate) Lessons containing copyrighted material can

be delivered live online or archived for later access by students

Make an effort to restrict further dissemination of the lesson (login, password etc.)

Student can make a copy to keep & use for up to 30 days after report card received.

Teacher should de-activate the course when it has ended to prevent students from accessing it post-course.

Plays Can perform a copyrighted play for

drama class On school property / To (mostly)

students Not for profit / No motive of gain

Image from classroomclipart.com

Music Can copy music scores and perform live

music in some cases for educational purposes

Student performances Not for profit Not generally for extra-curricular or off-

site activities.

Computer Software IF legal owner, can make ONE copy IF: Making backup copy, destroyed when no

longer owns the original Translating or adapting to use with a

particular computer For that person’s own use Copy erased when no longer owner

Student-created works ARE copyright-protected Because the student is a minor, the

parents must authorize sharing of the work such as:

School publications, teaching workshops, student exemplars, or online.

CBE school website consent form required to post student art work online

Fines Statutory Damages for infringements

reduced in keeping with support for user rights and Educational uses: • Penalty for non-commercial infringements

reduced to $100 – $5000 for ALL infringements

• Penalty for commercial infringements reduced to $500 – $20 000 per infringement

Questions? It’s all in CORE! Log in to www.albertacore.ca Search for C-11 Includes Ed Talk videos, Copyright

Matters brochure, PPT presentations, FAQ & more

Leave your questions in the comments section to be answered in the FAQ!

Questions? Post them in CORE

Leave a comment in CORE & we’ll turn them into a FAQ. Check back later…

www.albertacore.ca

CORE: THE COPYRIGHT MODERNIZATION ACT (BILL C-11) - IMPACT IN THE CLASSROOM

The fine print: This information is not intended to

provide legal advice, but rather, to facilitate access to resources for you to make informed choices around how to use resources in your school.