Copyright & Licensing

Ernie Howe & Karen Adams

NEOS

May, 2002

• Ernie - Licensing guru at UofA

• Karen - Chair, CLA Copyright Committee

Background

Definition

“sole right to produce or reproduce the work or any substantial part thereof in any material form

whatever, to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public, or if the work is unpublished, to publish the

work or any substantial part thereof…”

Copyright Owner

• author• composer• sculptor• choreographer• architect• performer

• National treatment - works from other countries

• Published works

• Unpublished works

Works Protected

Term of copyright

• life of the author, plus 50 years

OR

• 50 years after “publication”

OR

• 75 years after “making”

Infringement

• doing, without permission, anything that only the copyright owner has the right to do

• person who copies is the infringer

Fair Dealing

• “for the purpose of research or private study”

• “for the purpose of criticism or review”

• “for the purpose of news reporting”

Library exceptions

• import single copy

• make a single copy of a work not commercially available– rare, unpublished

– deteriorating, damaged, lost, or at risk

– cannot be handled

– new format

– record-keeping and cataloguing

– insurance and police investigations

– restoration

Library exceptions

• Library staff protected by fair dealing

• single copy for research or private study– scholarly, scientific or technical article

– “popular” articles older than one year

– not a digital copy

CANCOPY Agreement

• 10% of a publication, or more if it is:– entire book chapter

– entire short story, play, essay, article, poem

– entire entry from dictionary or encyclopedia

– entire artistic work from a book or periodical

– entire newspaper article or page

– entire item of print music from a book or periodical

– an artistic work from a book or periodical

Not Covered by CANCOPY Agreement

• Works on the exclusion list Workbooks• Printed music• Commercial newsletters• Government documents• Advertising• Electronic text• Unpublished/archival works• Original art and prints• Slides• Instruction manuals• Letters to the editor

CANCOPY & ILL to non-profits

• the non-exclusive right to make Copies of Published Works for use... in interlibrary loan to other non-profit educational institutions and non-profit libraries, archives, and museums

• digital transmission for the purposes of interlibrary loan permitted; hard copy delivery only

CANCOPY & ILL to non-profits

• no copying shall exceed 10% of a Published Work or the following, whichever is greater...

• b) an entire single short story, play, poem, essay or article from a book or periodical issue (including a set of conference proceedings) containing other works...

CANCOPY & ILL to for-profits

• Copies of Published Works for sale to or use by any persons or entities other than non-profit educational institutions, libraries, archives

• digital transmission for the purposes of interlibrary loan permitted; hard copy delivery only

CANCOPY & ILL to for-profits

• 15% of a Published Work or the following, whichever is greater:

– (a) an entire newspaper article or a page; – (b) an entire single article from a journal,

magazine, or periodical issue (including a set of conference proceedings) containing other works;

– (c) an entire chapter which is 20% or less of a book.

CANCOPY & ILL to for-profits

• The Institution shall not engage in systematic, cumulative copying of the same Published Work for the same user within the same calendar year beyond the limits set out in clause 2 of this Schedule

(IN)CONCLUSIONS re ILL

• No CANCOPY license - sec 30.2 applies - refers to purpose, nature of material, single copy

• CANCOPY among non-profits -‘an entire... article from a book or periodical issue’

• CANCOPY for profit - ‘an entire single article’ but not ‘systematic, cumulative copying of the same Published Work for the same user within the same calendar year’

•

E-Issues

• Making available

• Technological protection measures

• Rights management information

• ISP liability

• Institutional exemption from liability for client use

• Standard form contracts

Links

• http://www.library.ualberta.ca/copyright/index.cfm (post secondary CANCOPY license)

• http://www.cla.ca/resources/copyright.htm (links to the Act, position papers, CANCOPY)