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Copyright and How it Applies to Graduate Students Amanda Wakaruk, MLIS, MES Copyright Librarian, Copyright Office FGSR Professional Development Week May 12, 2016
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How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

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Page 1: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Copyright and How it Applies

to Graduate StudentsAmanda Wakaruk, MLIS, MES

Copyright Librarian, Copyright Office

FGSR Professional Development WeekMay 12, 2016

Page 2: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

What is copyright?Why should you care?

Page 3: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

What is copyright law?● statutory rights: creators, users● courts: case law interpretation

Why should you care?● as a user, you want to avoid infringement

scenarios:○ campus copying implications (as a student

and as an instructor)○ thesis preparation (third party content

permissions)● as a creator, you should understand implications

for publishing and dissemination

Page 4: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Why should you care?

● Your thesis.● Your career.● Your classroom.

Page 5: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Copyright is a set of limited rights established by law.

Page 6: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Copyright is immediate, time limited, and protects the expression of an idea.

For details, see Copyright Act, (R.S.C., 1985, c. C-42) http://laws-lois.justice.gc.ca/eng/acts/c-42/

http://laws-lois.justice.gc.ca/eng/acts/c-42/
Page 7: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://laws-lois.justice.gc.ca/eng/acts/C-42/ http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do?r=AAAAAQATQ2FuYWRhIEV2aWRlbmNlIEFjdAE

http://laws-lois.justice.gc.ca/eng/acts/C-42/
http://laws-lois.justice.gc.ca/eng/acts/C-42/
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do?r=AAAAAQATQ2FuYWRhIEV2aWRlbmNlIEFjdAE
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2125/index.do?r=AAAAAQATQ2FuYWRhIEV2aWRlbmNlIEFjdAE
Page 8: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Moral Rights Economic Rights● right to the integrity of the work● right to assign work their own name,

pseudonym, or anonymously● can be waived not sold / transferred● case: Snow v. Eaton

● right to produce, reproduce, publish, perform, display, translate, adapt

● transferrable and can be sold (e.g., author agreements with publishers)

● case showing balance :

Flight Stop by Michael Snow http://casebrief.wikia.com/wiki/CCH_Canadian_Ltd._v_Law_Society_of_Upper_Canada

Simon Law, CC SA https://commons.wikimedia.org/wiki/File:Flight_stop.jpg

Page 9: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

https://policiesonline.ualberta.ca/PoliciesProcedures/Policies/Use-of-Copyright-Materials-Policy.pdf

http://www.copyright.ualberta.ca/UofA_FairDealing.pdf

Updates Coming

https://policiesonline.ualberta.ca/PoliciesProcedures/Policies/Use-of-Copyright-Materials-Policy.pdf
https://policiesonline.ualberta.ca/PoliciesProcedures/Policies/Use-of-Copyright-Materials-Policy.pdf
http://www.copyright.ualberta.ca/UofA_FairDealing.pdf
http://www.copyright.ualberta.ca/UofA_FairDealing.pdf
Page 10: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Infringements happen.If you violate the rights of a copyright holder then they are entitled to remedies for the violation. Civil remedies include injunctions (e.g., removing the content) and damages (monetary compensation). Statutory damages for non-commercial infringement are between $100 and $5,000. Criminal sanctions may be applied in more serious cases.

Page 11: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Your thesis.

● Incorporating existing publications?

● Using others’ work?

● Preemptive publishing strategies.

Page 12: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Your thesis… your

responsibility.

Page 13: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing

https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
Page 14: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Determine who holds the copyright to the content in your thesis.

http://www.ieee.org/documents/ieeecopyrightform.pdf

Have you already published a thesis chapter as an article?

Who holds the copyright?

http://www.ieee.org/documents/ieeecopyrightform.pdf
http://www.ieee.org/documents/ieeecopyrightform.pdf
Page 15: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

If it’s not you, identify acceptable uses of the content.

Read the fine print. Are these uses adequate?

When in doubt, ask.

Page 16: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://www.ieee.org/publications_standards/publications/rights/permissions_faq.pdf

Publishers *often* allow for work to be used in a thesis.

http://www.ieee.org/publications_standards/publications/rights/permissions_faq.pdf
http://www.ieee.org/publications_standards/publications/rights/permissions_faq.pdf
Page 17: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

https://www.elsevier.com/about/company-information/policies/copyright/permissions

https://www.elsevier.com/about/company-information/policies/copyright/permissions
https://www.elsevier.com/about/company-information/policies/copyright/permissions
Page 18: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

If uses aren’t clearly stated, seek permission.

Contributor agreement for a book chapter.

Page 19: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://www.copyright.ualberta.ca/

http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
Page 20: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Plan ahead!

Page 21: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Preemptive Publishing Strategies

“Publishers don’t need to own your copyright to make money off your work.” - Sam Trosow, UofA SLIS Copyright Course,

October 2014.

1. Anticipate current and future needs.

2. Understand terms of the agreement / publisher policies before you sign.

3. Negotiate / work with publishers.

Page 22: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Your career.

● Producing, protecting, and sharing your intellectual property.

Page 23: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Want to publish a chapter from your thesis?

Page 24: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Want to publish grant-funded research results? Tri-Agency Open Access Policy on Publications

Page 25: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Negotiate (if needed)

Use an addendum prepared by a reputable source.

Scholarly Publishing and Academic Resources Coalition (SPARC) Author Addendum http://sparcopen.org/our-work/author-rights/ is endosed by the Canadian Association of Research Libraries and the Tri-Agencies.

http://sparcopen.org/our-work/author-rights/
http://sparcopen.org/our-work/author-rights/
Page 26: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Creative Commons Licensing: https://creativecommons.org/

Copyright licences that provide a standardized way to give permission to share and use works. Creative Commons licences are not an alternative to copyright; they enable the creator to modify copyright terms to best suit their needs.

https://creativecommons.org/
Page 27: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

doaj.org

Page 28: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Creative Commons Licensing: https://creativecommons.org/

Authors must retain (at least some of) their rights to apply a CC license and/or make their works available in an open access environment.

Note that publisher copyright and archiving policies are documented in tools like SHERPA/RoMEO: http://www.sherpa.ac.uk/romeo/

https://creativecommons.org/
http://www.sherpa.ac.uk/romeo/
Page 29: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://www.sherpa.ac.uk/romeo/search.php

http://www.sherpa.ac.uk/romeo/search.php
http://www.sherpa.ac.uk/romeo/search.php
Page 30: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously
Page 31: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Institutional Repository (ERA)

https://era.library.ualberta.ca/

https://era.library.ualberta.ca/
https://era.library.ualberta.ca/
Page 32: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Institutional Repository ?

Page 33: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/

http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/
Page 34: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously
Page 35: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Your classroom.

● What can you reproduce, perform, or display in the classroom?

Page 36: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Instructors should: ● *link* to resources instead of providing copies to

students (when pedagogically sound)● *distribute* copies under an exception or from a

resource licensed for e/classroom use ● use Copyright Office course review and

permissions service for *course packages* or when you are unsure about terms of use

● *present / display* content for educational purposes

Page 37: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Link to ResourcesLicensed Library Resources http://guides.library.ualberta.ca/linking-to-library-online-resources

http://guides.library.ualberta.ca/linking-to-library-online-resources
http://guides.library.ualberta.ca/linking-to-library-online-resources
Page 38: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Library Reading List ServiceLibrary staff will create a reading list or place material on reserve http://www.library.ualberta.ca/readinglist/index.cfm

http://www.library.ualberta.ca/readinglist/index.cfm
http://www.library.ualberta.ca/readinglist/index.cfm
Page 39: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

CC0 https://pixabay.com/en/conditions-period-624911/

“...the University has acquired licences allowing users access to specific works for limited uses pursuant to negotiated contract terms.” - UA policy

https://pixabay.com/en/conditions-period-624911/
https://pixabay.com/en/conditions-period-624911/
https://pixabay.com/en/conditions-period-624911/
Page 40: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Distribute Licensed ArticlesMany eResources licensed through the U of A Libraries allow for classroom use. Check first: https://www.library.ualberta.ca/

https://www.library.ualberta.ca/
Page 41: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Distribute Licensed eBook chapters

Page 42: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Distribute Print ResourcesFair Dealing Exception:

● Fair Dealing Guidelines (created by UofA)

● Fair Dealing Assessment (your judgment with input from Copyright Office)

Page 43: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

http://www.copyright.ualberta.ca/UofA_FairDealing.pdf

Updates Coming

Distribute resources under the fair dealing exception as interpreted by the University of Alberta

http://www.copyright.ualberta.ca/UofA_FairDealing.pdf
http://www.copyright.ualberta.ca/UofA_FairDealing.pdf
Page 44: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Distribute resources under the fair dealing exception as interpreted by the Supreme Court of CanadaTwo-step test (NOT A CHECKLIST):

1) Does use fall within accepted list of purposes? (as stated in Section 29 of the Copyright Act, e.g., research, private study, education, criticism, review…) http://laws-lois.justice.gc.ca/eng/acts/C-42/

2) Was the dealing fair? (paragraphs 54-60 of CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 SCR 339, 2004 SCC 13 (CanLII), http://canlii.ca/t/1glp0)

○ purpose (could be interpreted as ‘intention’ instead of ‘category’ as in step 1)○ character ○ amount○ alternatives○ nature ○ effect of the dealing on the copyrighted work

http://laws-lois.justice.gc.ca/eng/acts/C-42/
http://laws-lois.justice.gc.ca/eng/acts/C-42/
http://laws-lois.justice.gc.ca/eng/acts/C-42/
http://canlii.ca/t/1glp0
Page 45: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Other (not UofA) Fair Dealing Assessment Toolshttp://library.athabascau.ca/services/video/fair-use/FairUse_Main.html

http://library.queensu.ca/fairdealing/index.php

http://library.athabascau.ca/services/video/fair-use/FairUse_Main.html
http://library.athabascau.ca/services/video/fair-use/FairUse_Main.html
http://library.athabascau.ca/services/video/fair-use/FairUse_Main.html
http://library.athabascau.ca/services/video/fair-use/FairUse_Main.html
http://library.queensu.ca/fairdealing/index.php
http://library.queensu.ca/fairdealing/index.php
http://library.queensu.ca/fairdealing/index.php
http://library.queensu.ca/fairdealing/index.php
Page 46: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Presentation of Course Materials● Check the terms of use for

conditions, restrictions, or limitations when using resources accessible via licence or subscription.

● Cannot display material that is commercially available in a format suitable for this use.

Page 47: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Confused?Need permission?

Using a course package?

Page 48: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Copyright Review Request Form (required for course packages, email as attachment to Copyright Office)http://www.copyright.ualberta.ca/ [email protected]

http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
http://www.copyright.ualberta.ca/
Page 49: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

Find content you can use without having to seek

permission.

terms of use

Page 50: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

limiting google.ca image searches by terms of use

Page 51: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

limiting google.ca image searches by terms of use

Page 52: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

ResourcesCopyright Act http://laws-lois.justice.gc.ca/eng/acts/c-42/

Copyright Office Website. http://www.copyright.ualberta.ca/

● Thesis Preparation Handout / FAQ, available on Copyright Office website and https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing

● Sample Permission Letter (thesis), available on Copyright Office website at http://copyright.ualberta.ca/thesis-permission-revMay2016.docx

Murray, Laura Jane, Samuel E. Trosow, and Jane Burkowski. Canadian Copyright : A Citizen's Guide. Toronto : Between the Lines, 2013.

http://laws-lois.justice.gc.ca/eng/acts/c-42/
http://www.copyright.ualberta.ca/
https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
https://docs.google.com/a/ualberta.ca/document/d/1-qLOjk_SgqdWJYTPwtX23I7mMrAaU6rZ--SCpTs0yH0/edit?usp=sharing
http://copyright.ualberta.ca/thesis-permission-revMay2016.docx
http://copyright.ualberta.ca/thesis-permission-revMay2016.docx
http://copyright.ualberta.ca/thesis-permission-revMay2016.docx
Page 53: How it Applies Copyright and to Graduate Students · Moral Rights Economic Rights right to the integrity of the work right to assign work their own name, pseudonym, or anonymously

[email protected]

Amanda Wakaruk, MLIS, MESCopyright Librarian

Copyright Office, University of Alberta

[email protected]@awakaruk (personal)

mailto:[email protected]
mailto:[email protected]

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