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University Copyright Information 2011
COPYRIGHT
Copyright protects literary, artistic, dramatic and musical works, as well as sound recordings, performances and communication signals. Copyright is implicit in books, articles, posters, manuals and graphs, CDs, DVDs, software, databases and websites. Copyright exists as soon as a work is created. The well-known copyright symbol © need not be present on a work for it to be protected.
Use of copyrighted materials at OCAD University is covered by the Canadian Copyright Act as well as the licenses or agreements the University has with copyright owners and representative organizations.
COPYRIGHT ACT
The Copyright Act sets out what can and can’t be done with copyrighted materials.
The Copyright Act contains a “fair dealing” exception which allows a certain amount of copying to be done for research, private study, criticism, or review, with consent of the copyright holder. See the Fair Dealing Guidelines below.
OCADU Copyright Licenses - 2011
ACCESS COPYRIGHT
The copyright license that OCADU and most Canadian universities had with Access Copyright, the collective of publishers that licenses photocopying and course packs, expired December 31, 2010.
OCADU (along with most Canadian Universities) did not renew this license and is currently operating under the Access Copyright (AC) Interim Post-Secondary Educational Institution Tariff, 2011-2013 (excluding Schedule G - Digital Copies).
Many of the copying provisions of the Interim Tariff are the same as those in the former license agreement. Under this tariff, OCADU pays an annual royalty of $3.38 per FTE to make copies of published works that are listed in AC repertoire.
The tariff specifies the limits to copying of works in its repertoire and includes:
- Paper to paper copying of works currently under copyright on self-serve copiers at various locations throughout the University, including the Library. This type of copying does not require record keeping of any sort, as long as the copies are for personal use or educational purposes and are not sold. See Section 2 (a) of the Tariff
- Copying to alternate formats such as audio, Braille, large print (by a reprographic process) or machine readable reproduction of all or part of a Published Work produced for a person who is blind visually impaired or unable to view normal print because of a disability.
Note that the Tariff provisions for copying for the creation of course packs or other copies for sale imposes intrusive auditing requirements which OCADU cannot meet, so OCADU will continue to recommend the use of third party vendors to create course packs and alternate format copying and to clear copyright. See Coursepacks.
The tariff does not cover: works on the AC exclusions list, and works in the public domain (works for which copyright has expired, which may be copied without permission but with attribution).
DIGITAL CONTENT LICENSES
OCAD University Library licenses the content in a large number of e-books, e-journals and other electronic resources. Many of these licenses permit copying of content for inclusion in Course Packs and e-reserves, as well as ILL, linking and copying for personal research and study. For a list of licensed resources, see Databases A-Z.
Faculty are urged to build reading/resource lists using digital content licensed by the OCADU Library as much of this material is already copyright-cleared. For information on which databases permit copying of content into MyCourses for Course Reading Lists, and for assistance in the creation of persistent links to licensed pdf’s, contact Maureen Carter, Head, Access Services, at Ext. 357 mcarter@ocad.ca
Copying on Campus
ACCESS COPYRIGHT PHOTOCOPYING GUIDELINES
What you can photocopy:
Under the Access Copyright Tariff, students, faculty or staff can make one photocopy of up to 10% of a published work (except a textbook) or the following, whichever is greater:
- An entire short story, play, essay, or poem from a book or periodical that also contains other works
- An entire entry from a reference work (encyclopedia, dictionary)
- An entire reproduction of an artistic work from a publication that also contains other works
- A whole chapter from a book (not a textbook) as long as that chapter does not comprise more than 20% of the book
SCANNING FROM PAPER COPY
The Access Copyright Tariff under which OCADU is operating does not cover scanning. Therefore if you want to scan something for use in research, study, or teaching without copyright permission, you may only do so under the Fair Dealing guidelines.
FAIR DEALING COPYING GUIDELINES
On December 15, 2010, AUCC legal counsel provided a Fair Dealing Policy and recommended that it be adopted as of January 2, 2011 by each AUCC member outside Quebec that intends to operate under the Access Copyright Post-Secondary Educational Institution Tariff, 2011 to 2013. This Fair Dealing Policy outlines the copies that may be made by University staff and faculty members under the fair dealing exception of the Copyright Act without seeking the permission of the copyright owner. These guidelines do not apply to audio or video recordings. They apply to scanning from paper, as well as photocopying or copying by any other means and are based upon the AUCC interpretation of the fair dealing sections of the Canadian Copyright Act, now in force. Further information may be found in this FAQ List provided to us by AUCC.
Coursepacks
OCADU does NOT avail itself of the right to make Copies of Published Work for sale under section 2(b) of the Tariff as this would oblige the University to operate a Copyright Clearance Centre, obtain Permissions, maintain Records, submit to Audit and Sampling, pay an additional levy of 10 cents per page for copies sold to students, and recoup all costs for the service including the levy from students.
Faculty are advised to order course packs, if required, from third-party vendors who provide comprehensive and complete copyright clearance services and who can confirm full compliance with all copyright legislation for any material submitted. Vendors must have a current Access Copyright License. Here are two options:
OCADU Computer Bookstore
Custom Publishing Service
100 McCaul, Room 317c
416-977-6000 ext. 360
Canadian Scholars Press Inc. (CSPI)
180 Bloor St. West, Suite 801
416-929-2774
Note that this vendor comes very highly recommended and will produce course packs in alternate formats to meet the needs of students registered with OCADU’s Centre for Students with Disabilities.
ALTERNATIVES TO COURSE PACKS
Course packs can be expensive because they are unique custom-made textbooks. More than 80% of the purchase price is for copyright clearance.
There are several alternatives to Coursepack creation:
- Place personal copies, textbooks, or library-owned material on Reserve at the Library. See your Faculty Handbook, Reserves section
- You may make one copy for each 30 students of supplemental readings for students and place this on reserve.
- You may use works in the public domain (works for which copyright has expired), or works licensed under Creative Commons.
- You may use open source resources such as DOAJ
- OCADU Library has licensed a large number of e-journals and e-books that you may wish to use as course readings. You can link to these from course readings lists or syllabi in My Courses. The Library’s E-reserves service will provide the persistent URLs to licensed material from your reading lists. Contact Maureen Carter, Head Access Services at x357 mcarter@ocad.ca for assistance.
Additional information
Open Content
- Canadian Public Domain Flowchart http://www.glinkr.net/map/spot/1234/
- Creative Commons Canada http://creativecommons.ca/
- Creative Commons Content Directories http://wiki.creativecommons.org/Content_Directories
- Directory of Open Access Materials http://www.library.southernct.edu/openaccess.html
- Directory of Open Access Journals http://www.doaj.org/
- Internet Archive (Open Access Books) http://www.archive.org/details/texts
- Public Domain Day http://publicdomain.xanga.com/738301293/public-domain-day-2011/
Copyright Information
- Copyright Act of Canada http://laws.justice.gc.ca/eng/C-42/index.html
- Bill C-32: Copyright Modernization Act http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4580265&File=14
- Canadian Intellectual Property Office http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home
- Students and teachers object to Access Copyright cash grab (CAUT) http://www.caut.ca/pages.asp?page=912
- Excess Copyright Blog (Howard Knopf) http://excesscopyright.blogspot.com/
- Canadian Education Faces Technology Tipping Point (Michael Geist) http://www.thestar.com/business/article/908924--geist-canadian-education-faces-technology-tipping-point
- Copyright Fees Could Force Universities to Embrace Digital Age (Janet Steffenhagen) http://www.vancouversun.com/business/Copyright+fees+could+force+universities+embrace+digital/4042274/story.html
Copyright Information for Visual Artists
- De-mystifying Copyright (CARFAC) Includes general information about Copyright and specific information for visual artists.
- Do's and Don'ts for Sharing Electronic Images (CARFAC) Includes general information about Copyright and specific information for visual artists.
Last Modified:1/24/2012 12:57:31 PM
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