Copyright Information

The Library Media Services encourages its patrons to conform to the provisions of the Canadian Copyright Act and the Licence agreement with Copibec (The Quebec Copyright Licensing Agency).

Notices warning about the risk of copyright infringement are posted at public photocopiers in the Library. Copies of the Act are available online.

The Library Media Services assumes no responsibility for patrons' infringements of copyright should they occur.

Library Media Services staff comply with the provisions of the Canadian Copyright Act and with Copibec.

JOHN ABBOTT COLLEGE INFORMATION ON COPYRIGHT; SUMMARY OF OUR POLICY

The policy of John Abbott College regarding copyright is that of compliance with the Canadian Copyright Act and the promotion of an awareness of this legislation within the college community.

John Abbott College holds no responsibility for any infraction against the Copyright Act committed by any employee carrying out his or her work. The consequences of infringement rest solely with the individual for that infringement.

John Abbott College shall assign resources, within its budget, to implement the college policy on copyright.

August 2002
Gerald Stachrowski
Administrative Services/Secretary General

EXAMPLES OF INFRINGEMENT

INFRINGEMENT	NOT INFRINGEMENT
Copying more than 10% or 25 pages (whichever is less) of a single work without verifying exclusion list and recording it with the bookstore.	Copying less than 10% or 25 pages (whichever is less) of a single work after verifying the exclusion list from COPIBEC.
Copying for course packs (free or charged) excerpts from various sources without verifying the COPIBEC exclusion list.	Copying excerpts from various works to make course packs through the bookstore after verifying the COPIBEC exclusion list and registering the sources copied with payment for COPIBEC according to the COPIBEC license agreement.
Taping a television program and showing it in a classroom/or college.	Obtaining written permission from the copyright owner to show a taped television program in a classroom.
Making a copy of any videocassette/DVD for classroom use.	Using John Abbott College DVDs and videocassettes/purchased with public performance rights or site licenses.
Showing DVDs and videos rented from a video store.	Showing DVDs and videos rented from a distributor/supplier who have public performance licenses.
Changing format such as film to video, or DVD to video.	Obtaining written permission to change format from the copyright holder.
Copy and present students’ works without permission.	Copy and present students’ works after obtaining written permission from students.

HOW TO OBTAIN PERMISSION

PRINTED MATERIALS
1. Ascertain that you need permission to copy the article or chapter by verifying the copyright statement related to the article, magazine or book. Check the copyright statement from the original source.

2. If the copyright statement grants permission for copying, you may make copies for classroom or library reserve use. A copy of the copyright statement reproduced from the original source must be included with the photocopied pages to be put on reserve in the library.

3. John Abbott College has signed an agreement with COPIBEC. Copying is permitted from most publishers. Note: there is an exclusion list which is kept up to date at the bookstore and is available online at Copibec. This list is updated once a year. There is a registration process for reprinting books and periodicals which exceed the license agreement. The bookstore will register the copies if required and ask for permission from excluded publishers. (Note: for details see Copyright Regulations Printed Documents Photocopying.

4. The college will assist teachers with the process to register or secure copyright permission. The bookstore has the required forms that must be completed. You must complete the form submit it to the bookstore.

5. Costs incurred to secure copyright permission are the responsibility of the teacher and/or department.

6. Requests for photocopies will be completed when written permission has been received and copyright permission costs paid.

7. Copyright clearance requires weeks from the publisher which are on the exclusion list. The process may be lengthy in some cases.

MEDIA
1. Ascertain that you need permission to show a work. Check with the staff at the Media Services desk.

2. For showing or reproduction purposes, the teacher is responsible for obtaining the written permission in collaboration with Media Services.

3. For reproduction, the written permission must accompany the work.

4. Costs incurred for site licenses, public performance rights and copyright permission fees are the responsibility of the teacher and/or department.

5. Obtaining copyright permission for media may be a lengthy process.

FREQUENTLY ASKED QUESTIONS

Q. WHAT IS COPIBEC?

It is the collective for print media. It is responsible for all print in the province of Quebec.

Q. DOES THE COLLEGE HAVE AN AGREEMENT WITH COPIBEC?
A. Yes, the college has signed an agreement between the Cégeps and COPIBEC.

Q. WHAT IS A COPYRIGHT?
A. A copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce or perform a work in public, translate a work, communicate a work to the public by telecommunication, to exhibit an artistic work in public under certain circumstances, and in some cases, rent the work.

Q. TO WHAT DOES COPYRIGHT APPLY?
A. Copyright applies to all original literary, dramatic, musical and artistic works. These include books, other writings, music, sculptures, paintings, photographs, films, plays, television and radio programs, computer programs, and sound and video recordings.

Q. WHAT IS NOT PROTECTED BY COPYRIGHT?
A. Themes, ideas, most titles, names, catch-phrases and other short word combinations of no real substance.

Q. WHAT IS COPYRIGHT INFRINGEMENT?
A. Unauthorized use of copyright material. Plagiarism is a form of infringement.

Q. WHAT IS "FAIR DEALING"?
A. Use or reproduction of a work for private study, research, criticism, review or newspaper summary.

Q. HOW LONG DOES COPYRIGHT LAST?
A. Generally, copyright in Canada exists for the life of the author plus 50 years following his/her death. There are some exceptions.

Q. DOES THE COPYRIGHT LAW APPLY IN EDUCATIONAL INSTITUTIONS?
A. Yes. Schools, colleges and universities are public sites and are not exempt from the Copyright law.

Q. WHAT ARE PUBLIC PERFORMANCE RIGHTS?
A. Sections of the copyright act grant the copyright holder the exclusive right to perform the work in public. It is illegal to exhibit a work without public performance rights.

INFORMATION ON COPYRIGHT FOR USERS OF MEDIA

SUMMARY OF POLICY

The policy of the college regarding copyright is that of compliance with the Canadian Copyright Act (amended April 25, 1997) and the promotion of an awareness of this legislation within the college community.

The college holds no responsibility for any infraction against the Copyright Act committed by any employee carrying out his or her work. The consequences of infringement rest solely with the individual for that infringement.

The college reserves copyright ownership of all audiovisual works which have been created by any employee or group of employees as part of their tasks for the college.

The college shall assign resources, within its budget, to implement the college policy on copyright.

YOU MAY

Perform copyrighted music in the college, either from sheet music, or by playing original recordings.
Copy material in the ‘public domain’. On expiration of copyright, the material goes into the ‘public domain’. This varies with the country, therefore public domain in the U.S.A. may apply in Canada.

YOU MAY NOT

Rent a videocassette from a local video store and show it to your class.
Tape a T.V. program off-air and show it to your class
Make a copy of a videocassette, an audiocassette, CD, or CD-ROM
Change the format, such as record to audiocassette or film to video
Make a slide from a picture in a magazine, book, newspaper, encyclopedia, map, drawing, etc.
Make a tape recording of a copyrighted music (most music is copyrighted)
Use and keep student works without a release form signed by the student

HOW TO OBTAIN PERMISSION

1. When you have ascertained that you need permission to use a work, check with the resource person in Media Services.

2. When you want to have media material duplicated take the material to the resource person along with any text materials that accompanied the item that you need to have duplicated.

3. Ask the Media resource person to write for the permission(s) for you. The resource person has a supply of sample letters. You, the requestor, should supply the resource person with all the information that you know concerning the work.

PLEASE NOTE: There may be a substantial wait before permission is obtained. A payment may be required in order to obtain a license. It is important to bring requests for permission to use new class material to the Media resource person long before the presentation date.

WHAT IS COPYRIGHT?

Copyright is the exclusive legal right to make copies, in any form, of intellectual property - that is books, magazine articles, music, poetry pictures, drawings, videos, films, T.V. programs, computer programs, etc. Copying includes publishing, producing, reproducing or performing.

Copyright is only in force for 50 years after the death of the author. Almost all films, videocassettes, audiocassettes, tapes, records, encyclopedias, books, maps, photographs and periodicals are not yet in the public domain.

WHO OWNS THIS EXCLUSIVE LEGAL RIGHT TO MAKE COPIES?

The original creator(s) or assigned agents such as publishers, manufacturers, collectives, e.g. COPIBEC, CAPAC and SOCAN.

DOES THE COPYRIGHT LAW APPLY IN EDUCATIONAL INSTITUTIONS?
Yes. Schools, colleges and universities are not exempt from the law.

DOES THE COPYRIGHT LAW APPLY IN NON-PROFIT SITUATIONS?
Yes. Churches, libraries, associations and professional groups are not exempt from the law.

WHAT IS A PUBLIC PERFORMANCE?
Public performance is the performance of an audiovisual work in a public place or educational institution, whether or not admission is charged.

WHAT ARE PUBIC PERFORMANCE RIGHTS?
The Canadian Copyright Act grants the copyright holder the exclusive right to perform the work in public. Accordingly, without a public performance license from the copyright holder, it is illegal to perform the work in a public place such as a school.

DEALING WITH EMAIL ATTACHMENTS

It is so easy and tempting to e-mail a digital copy of an article that you have scanned or even downloaded from a newspaper's Web site to your colleagues. Although this is common business practice, it still does not make it right. REMEMBER, e-mailing without the authorization of the rightsholder is an infringement of copyright (it violates the reproduction right and potentially the right to communicate to the public by telecommunication). Before attaching to an e-mail anything which is not proprietary to you or your company (in other words, for which you own the rights), please do the following:

• Verify if the Web site expressly authorizes the type of use you will be making of the work. Do not assume anything. While it may be possible that there is an implied licence for this type of use, only the courts can determine the existence of an implied licence. If the use you are seeking to make of the work is not clearly permitted by the site; then
• Obtain permission from the rightsholder -- Go to Access Copyright, the copyright permission experts! Use our services. If time is of the essence and you have not been able to clear the rights; then
• E-mail a link to the home page, not the actual page. And remember, do not "deep-link" (that means linking to a page in the site other than the home page). While deep-linking may not be considered a copyright violation it has been found by courts in other jurisdictions to constitute anti-competitive behavior by affecting the value of a Web site's advertisement.

Open letter to All users of JAC Internet Facilities
FROM: Director General John Abbott College
SUBJECT: Music Piracy

As you are probably aware from the media, official organizations representing the recording industry have recently begun a concerted effort to identify and prosecute those individuals making use of file-swapping services such as KaZaA and Morpheus to download, upload and share files of music recordings, movies and similar materials over the Internet.

The courts have ruled that KaZaA cannot be sued directly because, unlike the earlier service Napster, it does not keep a central directory of music files available for copying. Instead, the industry is focusing its legal firepower on individuals who "share" music through these services.

Although there may be legitimate discussion concerning the high cost of CDs, the file-sharing practises described above are not the answer as they represent a clear violation of copyright laws and constitute music piracy.

John Abbott College wishes to notify all users of its Internet resources that it does not condone their usage for such theft of intellectual property and, if requested, will fully cooperate with the authorities in identifying any staff member or student who use JAC Internet facilities for such purposes.

Can West Newspaper Web Sites
COPYRIGHT & PERMISSION RULES

All rights reserved. Materials obtained through these web sites belong to the respective owners of such materials and are also protected by national and international intellectual property laws, conventions and treaties and may only be used for your personal non-commercial purposes, single copy only. CanWest Interactive Inc. or CanWest Publishing Inc. or respective copyright owners may appropriate legal action if there is any infringement of these rights.

For educational institutions in Canada, a licensing agreement with CANCOPY or COPIBEC is deemed to authorize all non-commercial uses of the contents of this web site, including downloads, redistribution and the making of multiple copies for research or instructional uses, subject to the requisite reporting and payment provisions of those agreements. See your licence administrator for further information.

All other rights are reserved, and commercial uses including publication, retransmission, broadcast, posting to newsgroups, mail lists or electronic bulletin boards, circulation, selling, reproduction or redistribution in any medium are prohibited, except with the prior written approval of the copyright owner.

For further information or to request permission to republish, contact: Lynn Perry, Licensing Manager, CanWest Interactive at lperry@canwest.com