Canadian Copyright Modernization: Bill C-11

Copyright changes:
How Bill C-11 will
impact the way you
use resources at your
Feb 15, 2013
Staff Association Convention
Presented by
Loralei Turner &
Michelle Christoffersen
Bill C-11 updates the Canadian Copyright Act
Most of the provisions came into force in
November 2012
It affects how schools and libraries can use
resources, both print and digital
CBE is updating Administrative Regulations
Learning Innovation is providing some
leadership to CBE around Bill C-11, making
information available in CORE
Image from:
What can schools copy?
A copyright protected work IF:
*For educational purposes
*Not already commercially available in a
medium appropriate for use (technological
neutrality over additional payments)
Can be
Image from:
photocopied, projected or put online (PW
used for exams
Translated or adapted for students with special
needs (except to make a large-print book)
Fair dealing : PURPOSE
Copyrighted works can be used for the
purpose of
Private study (=Fair dealing)
News reporting
Education (=Fair dealing)
Student copies
(Education = Private Study)
Teachers have no ulterior motive for personal gain
when providing copies to students
Access Copyright Court Case:
It seems … axiomatic that most students lack the expertise
to find or request the materials required for their own
research and private study, and rely on the guidance of
their teachers.
They study what they are told to study, and the teacher's
purpose in providing copies is to enable the students to
have the material they need for the purpose of studying.
The teacher/copier therefore shares a symbiotic purpose
with the student/user who is engaging in research or
private study. Instruction and research/private study are,
in the school context, tautological. (identical)
Fair Dealing – 6 factor test
Is the dealing itself fair? (6 factor test)
Character of work being done
Alternatives (copyright free equivalents)
Amount of work used (excerpt)
Nature of the work & use (attribution may
lead to broader dissemination)
Effect on sales
Definition: Fair dealing
For educational purposes schools:
Can use or share short excerpts of a work with
students (in paper or electronic form)
Can provide a single copy or short excerpt to
students as
Online course (password protected)
In a course pack
Should cite the source/author/creator
technology neutral (not referring to specific display
technologies … projector, intranet class webpage
Definition: Short excerpt:
Up to 10%
One chapter/magazine/newspaper
One print/photo/graphic from a collection
One poem or musical score from a collection
One entry from encyclopedia, dictionary,
bibliography etc.
NOT: The entire work/ multiple excerpts from
the same work
NOT: A work for which a fee is charged (over
than the recovery cost for the institution)
School Libraries
 Can
make a backup copy for damage
 IF replacement copy is NOT commercially
make a copy if the original is in an obsolete
format / in danger of becoming obsolete
(technology to use is unavailable)
Provide digital inter-library loans (not to
create additional copies to loan):
Digital Inter-Library Loans
libraries able to loan digital copies of
resources to their patrons or patrons of
other libraries so long as they:
 Don’t
make more than one copy
 prevent communicating to another person
 prevent use for more than five business days
 Don’t exceed the number of copies they own
 Don’t lend original at same time as copy
LIVE TV, Radio & sound
 Schools
can play LIVE over the air (TV,
cable, satellite or internet), NOT recorded
 For educational or training purposes
 Not for profit / no motive of gain
 On school property & shown to students
 SOCAN tariffs/royalties would apply for
extracurricular activities - see
TV image from
Audiovisual (DVD or video)
Schools can show DVD or video for ed. purposes IF:
Legally obtained copy (purchased, rented or
borrowed from a store, library or friend)
PPR license (VEC or Audio-Cine) NOT required for
educational use
PPR license still required for snowstorms, afterschool
extracurricular activities etc. (confirmed by VEC)
YouTube (uses Creative Commons, over 18)
NOT paid subscriptions for personal use (eg. Shaw
(Netflix permitted to be streamed CBE)
NOT a copy made at home
Site licensing – tiered pricing
Producers/Distributors sometimes have tiered pricing:
• Individual private copy $10
• school site license $50
• School board circulating price $150
Paying more for a site license for a school to
show a video for educational purposes “may”
no longer be necessary because Bill C-11
allows for a private copy of a DVD from home
to be shown in class for educational purposes.
It would be shown only to one group or
person at a time. This is our current
Format Shifting
Format shifting or conversion of content to a
different format (ie VHS to DVD to digital) for
private purposes is permitted assuming:
converting from an authorized copy
no circumvention of technology used (ie. Digital
locks can’t be broken)
use for private purposes (not shared/streamed)
don’t give it away
not a copy to CD (private copying levy)
an individual can do this for themselves, not for a
large group to access it (such as in a classroom)
Libraries can convert format if medium is obsolete
Images from
Digital Locks ***
 This
provision trumps all others!!!
 You can NOT break digital locks
 Encryption, password
 Most commercial DVDs are encrypted
 Can’t use programs like Handbrake to
bypass encryption & rip the DVD
News - Time Shifting
 Can
PVR news or news-commentaries
 For educational use in school with
 Excludes documentaries
Radio / TV programs (not
news) – Time Shifting
 Can
 For educational use with students
 Can keep for 30 days
 If kept longer, royalty must be paid (even
if never used)
 For more info see
Time Shifting - Examples
Can show recorded programs later in class for
educational purposes:
 Netflix/VOD – no (see Terms of Use re 24hr.
Access, paid subscription)
 TV: OTA/Cable/Satellite (yes, see agreement)
 iTunes – yes* on 5 libraries / 10 deviced(see
 YouTube – yes* if over 18*, if streamed (not
downloaded) from YT, creative commons
licensing. Embed to avoid suggestions.
 P2P File Sharing of © material – like Bit Torrent –
NO! illegal. Some non © ie NASA material legal.
Mashups: Remixing & Sharing
 Not
just for education
 Non-commercial, User-Generated
Content (digital or print)
 Cite original source if possible
 Legally acquired
 Would not affect sales of the original
 Can share mashup via YouTube or
website (eg. Student dance routine with
parental permission)
Internet text, images
Schools can save, download and share
PUBLICLY available materials
NOT if password protected
NOT if opt-out notice (more than standard
copyright notice) posted prohibiting
educational use
Can use text and images in homework, plays
or sharing on restricted-access course site.
Must cite the source
Online Learning (D2L,
Lessons containing copyrighted material can
be delivered live online or archived for later
access by students
Make an effort to restrict further dissemination of
the lesson (login, password etc.)
Student can make a copy to keep & use for
up to 30 days after report card received.
Teacher should de-activate the course when
it has ended to prevent students from
accessing it post-course.
 Can
perform a copyrighted play for
drama class
 On school property / To (mostly) students
 Not for profit / No motive of gain
Image from
 Can
copy music scores and perform live
music in some cases for educational
 Student performances
 Not for profit
 Not generally for extra-curricular or off-site
Computer Software
 IF
legal owner, can make ONE copy IF:
 Making backup copy, destroyed when no
longer owns the original
Translating or adapting to use with a
particular computer
For that person’s own use
Copy erased when no longer owner
Student-created works
 Because the student is a minor, the
parents must authorize sharing of the work
such as:
 School publications, teaching workshops,
student exemplars, or online.
 CBE school website consent form required
to post student art work online
 Statutory
Damages for infringements
reduced in keeping with support for user
rights and Educational uses:
Penalty for non-commercial infringements
reduced to $100 – $5000 for ALL infringements
Penalty for commercial infringements reduced
to $500 – $20 000 per infringement
 It’s
all in CORE!
 Log in to
 Search for C-11
 Includes Ed Talk videos, Copyright Matters
brochure, PPT presentations, FAQ & more
 Leave your questions in the comments
section to be answered in the FAQ!
Questions? Post them in CORE
Leave a comment in
CORE & we’ll turn them
into a FAQ. Check
back later…
The fine print:
 This
information is not intended to provide
legal advice, but rather, to facilitate
access to resources for you to make
informed choices around how to use
resources in your school.

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