Canadian Copyright ActCanadian Copyright Act

• Became law in January 1924 and was amended in 1988 (Phase I)

• The second phase amendments were completed in 1997 when Bill C-32 was proclaimed law. (Phase II)

• Exception for Educational Institutions regulations proclaimed in 1999.

What is Copyright?What is Copyright?

• “Copyright is the right of a creator of a work to prevent others from using his or her work without permission.

• A creator of a work has the exclusive right to say yes or no to various uses of a work such as reproducing it adapting and translating it, transmitting and performing it in public.” (Canadian Copyright Law by Leslie Ellen Harris, Mcgraw-Hill Ryerson, Whitby, ON, 1995)

What is Copyright?What is Copyright?

But…But...But…But...

• Just because something is on the web or posted to Usenet does not mean it is not copyright protected.

• Even if something is sent to you via email, it does not mean it is free for you to use.

• You should assume a work is copyrighted and may not be copied, unless you know otherwise.

Fair DealingFair Dealing

• The copyright act says that in certain situations, the use of a work without authorization does not constitute a copyright infringement because it is considered “fair dealing”.

What is “fair dealing”?What is “fair dealing”?

• A substantial portion of any work may be used for purposes such as private study, research, criticism, review or newspaper summary.

• The source and name of the author or copyright owner must be indicated.

Not an infringement of copyright

Fair Dealing vs. Fair UseFair Dealing vs. Fair Use

• The American concept of “fair use” is broader and covers criteria like the purpose of the use, the effect on the potential market and the value of the work.

• These are not necessarily considered in Canada.

What is “fair use”?What is “fair use”?

The “fair use” provision of the United States Copyright Act states:“The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

““Fair Dealing” in CanadaFair Dealing” in Canada

• Does not cover teaching (including multiple copies for classroom use) like the United States Copyright Act does.

• It is not as broad as the United States Copyright Act especially for teachers. Anytime you hear “fair use” you know you are dealing with the American context.

Educator GuidelinesEducator Guidelines

• Educators may: copy a work by hand onto blackboards, flip

charts and similar display spaces. copy a work for use on an overhead projector

or similar device. make a copy, perform, translate or

communicate by telecommunication for the purposes of an examination or test.

The exception does not apply:

if there is a “motive of gain.” An educational institution may recover costs but may not make a profit.

if the work is “commercially available” in a medium or format that is appropriate for the teacher’s purpose.

if the materials are used “off the premises” of the institution.

• it must be on educational premises.• it must be for educational or training purposes.• it must not be for profit.• the audience must be primarily students and

teachers from the institution.• it must not involve “motive of gain”.

May sound recordings be played in the May sound recordings be played in the classroom without copyright permission?classroom without copyright permission?

Yes but:

Attribution & AcknowledgementAttribution & Acknowledgement• Credit the sources and display the copyright

notice © and copyright ownership information for all incorporated works including those prepared under fair dealing.

• Copyright ownership information includes:

– © (the copyright notice)

– year of first publication– name of the copyright holder

What About Software?What About Software?

• Use of software does not fall under fair dealing!

• Public or private educational institutions are not exempt from the software copyright laws.

• When you purchase software, you are only purchasing a license to use the software – you don’t own it.

But I may make copies for my But I may make copies for my own use…right?own use…right?

• Anyone who purchases a license for a single copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only."

• Any other use than “archival” must be approved by the copyright owner.

Unless you have specific Unless you have specific permission from the copyright permission from the copyright owner…owner…

It is It is illegalillegal to: to:• purchase a single user license and load it

onto multiple computers or a server,• download copyrighted software from the

Internet or bulletin boards, or• load the software your school purchased

onto your computer at home.

What About Shareware?What About Shareware?

• Shareware is software that is passed out freely for evaluation purposes only.

• You are allowed to try it out before you pay for it.

• Evaluation time is usually 30 days.• If you wish to keep the software program,

then you must pay to keep your evaluation copy.

• Shareware is often fairly inexpensive.

Freeware is Free…Right?Freeware is Free…Right?

Freeware is also covered by copyright laws and subject to the conditions defined by the holder of the copyright.

• You may distribute freeware, but not make any money on it.

• You may modify and build other software programs based on the freeware, but those “new” programs cannot be sold for profit.

• Copyright rights have been relinquished.

• There are no distribution restrictions.

• You can modify the original software and build new software.

• You can sell your modified software.

Only public domain software is Only public domain software is truly “free!”truly “free!”

PenaltiesPenalties• For the unauthorized use and copying of

software, penalties include:– Fines up to the actual amount of damages to

the copyright holder or,– statutory damages up to $20,000 per infringed

work where the court finds there was willful infringement.

– And if guilty under the criminal sections of the law:up to five years imprisonment and/or.fines up to $1,000,000.