Copyright



TABLE OF CONTENTS
1.        What is the purpose of this booklet?
2.        Why is copyright important?
3.        What is fair dealing?
4.        Does fair dealing permit the making of a digital copy from a print source? "Yes, as long as the copying is within the rules set out in the Fair Dealing Guidelines."
5.        Can teachers copy or post an entire musical score or does the 10 per cent limit in the Fair Dealing Guidelines apply?
6.        Can a teacher copy for instruction? "A teacher can copy (or take any other necessary action) to display a work protected by copyright. This permits the use of whiteboards and similar tools, and overhead projection using a device such as an LCD screen, overhead, opaque, or slide projector, provided the work is used for the purpose of education and training and is not already commercially available in a medium that is appropriate for this purpose."
7.        Can a teacher copy materials intended for one-time use? (workbooks/reproducibles) "No. Copying, scanning, or printing materials intended for one-time use is strictly prohibited."
8.        Can a teacher copy for tests and examinations? "Yes. Teachers in Canada may copy, translate, communicate electronically, show, or play any copyright-protected work for a test or examination, provided the work is not already commercially available in an appropriate medium for the purpose of a test or examination."
9.        Can teachers and students use statutes, regulations, and court decisions?
10.     What rights do students with perceptual disabilities have? "Students, and educational institutions on behalf of students, may make a copy in an alternative format of a literary, dramatic, musical, or artistic work (but not an audiovisual work) in a format designed for a person with a perceptual disability. Translation, adaptation, and performance in public for the purpose of serving students with perceptual disabilities—as long as the work is not already commercially available in that format—are permitted."
11.     What rights do school libraries have?
12.     Can teachers play a sound recording or turn on a radio for students to listen to, or turn on a
 television for students to watch? Yes. Educational or training purposes
13.     Can students perform a work protected by copyright, such as a play, on school premises?
14.     Can music be performed without the copyright owner’s permission? "The following uses of live and recorded music are not permitted by the Copyright Act and therefore require permission and payment: at school dances; at school sporting events; while people are on hold when they telephone the school; at an event where the admission fee is intended to make a profit; and on school premises for no other reason than as background music (e.g., in the classroom, cafeteria, halls, over the PA system, at school events such as fairs, carnivals, or sociocultural events).
15.   Can students and teachers use copyright-protected works to create new works? "This users’ right permits students to use copyright-protected works to create videos, DVDs, or mash-ups, as long as all four conditions above are met."
16.     Can teachers copy programs from radio or television? "Yes. An educational institution or a person acting under its authority may make a single copy of a radio or television program, and show that copy, provided the following four conditions are met:"
17.     Can teachers show an audiovisual work (such as a DVD or video) on school premises without infringing copyright? "Teachers can show audiovisual works purchased or rented from a rental store, a copy borrowed from the library, a copy borrowed from a friend, or a YouTube video. ... Showing movies from subscription services in the classroom is governed by the terms of the agreement between the subscriber and the subscription service. If the agreement provides that use is limited to “personal” or “household” use, for example, then classroom use is not permitted."
18.     Can teachers copy an audiovisual work at home and show it in the classroom? "No. Teachers cannot copy an audiovisual work at home and then show it in the classroom. Teachers can, however, show a legally obtained copy in the classroom. A legally obtained copy includes a copy purchased or rented from a retail store, a copy borrowed from the library, a copy borrowed from a friend, or a YouTube video."
19.     Can lessons be streamed live to students or recorded and made available on-line for students at a time of their choosing? "Yes. Educational institutions can transmit lessons to students in real time over the internet or make a recording of a lesson available online."
20.     Can teachers copy computer software for educational use?
21.     Can teachers and students copy from the Internet? "Yes. Educational institutions, teachers, and students may save, download, and share publicly available internet materials, as well as use that material in the classroom and communicate it to students or others within their education circle. ... To encourage copyright awareness and respect in all circumstances, students and educators are required to cite the source of the internet materials they use."
22.     Can teachers and students break digital locks to use copyright-protected materials they have the legal right to use?
23.     Are student-created works protected by copyright? "Yes. Any original work created by a student—whether in the form of an essay, a video or DVD, a sound recording, website, or art work—is protected. The student—or if the student is a minor, the student’s parent or legal guardian—must authorize the further use of a student’s work, such as its use in a school publication, a teaching workshop, a student exemplar, or a web posting."
24.     Do copyright laws and Fair Dealing Guidelines apply to online teaching and face-to-face learning during a pandemic?
25.   Is Access Copyright's Read Aloud Canadian Books Program available to teachers in elementary and secondary schools?
26.   Can a teacher read a story to students in the evening on Facebook Live, or a similar online platform, to promote literacy?
27.   Can a live book reading by a teacher be communicated online? "Yes. Teachers can read books aloud to students in the educational context of a class."
28.   Can teachers record themselves reading books aloud to their students? "Only if the recording of the book reading was authorized by the copyright owner."
29.   Can teachers transmit a recording of the book reading to their students via a password-protected website?
30.   Can teachers record themselves reading a portion of a book and share the video on a password protected platform such as Google Classroom or Moodle? "Yes, provided the Fair Dealing Guidelines are followed."
31.   Can teachers include modern-day music in a video that teachers are preparing for their students? "Yes. Everyone -instructors and students included - has a right under the Copyright Act to use and copy a copyright-protected work, or multiple works, in the creation of a new work. This right allows, for example, the use of copyright-protected music to accompany an original video. It also allows anyone to compile multiple videos in a creative fashion to create a new video. This right further allows a person to disseminate the work. Dissemination is a broad term and would include, for example, posting the user-generated content on the internet. This right is sometimes called the “mash-up” provision or “YouTube” right."
32.   Can a group of students (class or choir) meet online (via Google Meet) to practice and perform a published piece using a screen recording? "No. There are no users’ rights in the Copyright Act that permit educators or students to make recordings of copyright-protected works (including musical works) or to communicate those recordings for public viewing online. Permission of the copyright owner is required to make a recording of a copyright-protected work."
33.   Can a school create a "virtual choir" of a published work that has been purchased (the appropriate number of copies - one per person) by the school, and post it online for public viewing? "No. There are no users’ rights in the Copyright Act that permit educators or students to make recordings of copyright-protected works (including musical works) or to communicate those recordings for public viewing online."
34.   Can teachers post online chapters of textbooks that have been purchased for all students, but which may not be accessible to them because the books are in a closed school? "A teacher can post one chapter under the Fair Dealing Guidelines (but note, as a reminder, that a teacher cannot post a new chapter every week). A single copy of the chapter may be provided or communicated to each student enrolled in a class or course by posting the chapter to a learning or course management system that is password-protected or otherwise restricted to the students in the class. Owning a physical copy of a book does not give the owner the right to make a copy of any more of the book than is permitted under fair dealing."
35.   Can materials on websites such as photographs, activities, and images be copied and pasted to create activities for students? An example is building an activity library. "Educators have the right to copy, communicate, and perform material that is available to the general public on the internet for their students. ... There are five conditions to meet in order to rely on this educational users’ right:"
36.   Where can I get more information on copyright? 
   
The Council of Ministers of Education, Canada
www.cmec.ca

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