Policy Manual

B-610-AR: Copyright

References:

• Copyright Act 
• B-150 Appeals Concerning Student Matters
• CMEC
• Copyright Matters
• Copyright Modernization Act

1. Division employees are expected to be aware of and uphold the rights of creators as required by the Copyright Act.  
2. Staff may use the duplicated materials and public performance of media materials only when copyright laws permit such activity.
3. Division employees are not to contravene the copyright law by illegally copying or duplicating texts, workbooks, periodicals or audio or visual works or by illegally performing works. 
4. The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties. 
5. To qualify for fair dealing, two tests must be passed.
1. First Test: the “dealing” must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire, and parody. Educational use of a copyright-protected work passes the first test.
2. Second Test: the dealing must be “fair.” In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in schools.

Fair Dealing

1. Teachers and staff members may reproduce a short excerpt from a copyright protected work for the purpose of education, research, private study, satire and parody.
1. A short excerpt means: 
   1. up to 10 per cent of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work);
   2. one chapter from a book;
   3. a single article from a periodical;
   4. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works;
   5. an entire newspaper article or page; 
   6. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
   7. an entire entry from an encyclopedia, annotated bibliography, dictionary, or similar reference work.
2. A single copy of the short excerpt may be provided or communicated to each student enrolled in a class or course:
   1. as a class handout;
   2. as a posting to a learning- or course-management system which is password protected and only accessible to students of the school;
   3.  a part of a course package.
1. The copying of multiple short excerpts from the same copyrighted work with the intention to copying or communicating substantially the entire work is prohibited.
2. When in doubt and before proceeding with copying, consult with the Associate Superintendent of Finance, who will determine whether the proposed copying is consistent with the fair dealing regulation and will consequently grant photocopying permission.

Ownership of Copyright

1. Employees own the copyright on works they develop on their own initiative and on their own time even though the materials may be the result of ideas generated by the employee’s work.
2. The board owns the copyright on any work developed by an employee on the board’s time or as part of his/her duties with the board, unless there is an agreement to the contrary.
1. The superintendent may grant others the right to reproduce work copyright registered by the board under such terms as may be appropriate.  The reproduction must include the copyright and give acknowledgement to the authors.
2. The superintendent may enter into an agreement with others to produce, in part or in whole, a work for the division.  Such an agreement is to specifically address copyright of the work produced.
3. The division may market division material at a cost that at least covers printing, mailing and royalty.
4. The division may enter into an agreement with a private publisher to publish board material for sale and distribution.
3. Students own the copyright on anything that they create and parental permission to reproduce their work should be obtained if the student is under 18.  Student permission is required if the student is 18 or over.  Permission is not required to display student work within the school.
1. Each school will request and file permissions from parents/guardians at the beginning of each school year to record and/or tape their child.
2. Parental approval is to be obtained to display any student work outside the school at such sites as teachers’ conventions, conferences, public libraries, central office, shopping centers or web sites.
4. Each site-based administrator is to ensure that division owned reproduction equipment (e.g. photocopiers, printers and recorders) is labeled with warnings that reproduction is not permitted without permission from the copyright owner.  Information on the fair dealings of this procedure and what can and cannot be copied under that license is to be posted near division photocopiers. 
5. All staff and students who are expected to use copyrighted materials must be aware of the procedures and the guidelines for fair dealing. Teachers are to have knowledge of and be familiar with “Copyright Matters!” available at www.cmec.ca.