Copyright guidelines for material used in BCTF workshops and presentations

Prepared by Emily O’Neill

In developing workshops and presentations for teachers, it is common practice to include materials that are created by others and are therefore protected by copyright legislation. Our objective in preparing copyright guidelines is to alert BCTF staff and members to copyright issues, and to illustrate the steps required in obtaining clearance to use or reproduce materials.

Unless specified, we should assume that any item is copyrighted, even if the copyright symbol is not used.

Permission to use copyrighted material is required for anything that a BCTF staff member did not produce and that is longer than a short excerpt, regardless of the format of intended use (photocopies, reprints, PowerPoint slides, etc.). This includes entire articles, chapters of books, papers (or parts thereof), letters to the editor, cartoons, and photos or graphics that accompany an article.

Fair dealing is a provision in the Canadian Copyright Act that allows for some exceptions in the copying and use of copyrighted material. In other words, fair dealing places limits on the rights that copyright holders have. Unfortunately, fair dealing is not clearly defined in the Act, and determining whether a particular use falls under this provision can be very tricky.

According to the law, fair dealing allows for the use of copyrighted materials for the purposes of: • Research or private study • Criticism or review • News reporting • Parody or satire, or • Education, as long as proper attribution is given to the copyright holder.

This does not mean, however, that you can use the material in any way that you like, even for these exceptions. In her book, Canadian Copyright Law, noted copyright expert Lesley Ellen Harris suggests three factors to consider when trying to determine whether a particular use of copyright-protected material constitutes fair dealing:

1. “First, consider whether a substantial part of a work is being copied.”

2. “If a substantial part of a work is being copied, one must then consider whether that copying would be considered fair. Fairness is determined in terms of quality (the value of the amount taken in comparison to the rest of the work) and in terms of quantity used (the amount copied).” 3. “Finally, the use of the copied portion must be for one of the eight purposes set out in the fair dealing provision” [see above]. (3rd edition, 127-128).

The Copyright Act allows BCTF Information Services staff to make a single copy of an article from a scholarly, scientific, or technical periodical for a person engaged in research or private study, but we may not reproduce articles published in newspapers or general periodicals that are less than one year old without permission.

Copyright permission is required for any other use.

Certain items or documents, such as government materials or old photographs, are often assumed to be in the public domain, but this is not necessarily the case. It is important to always double check the copyright status of a work.

Contrary to popular belief, Federal government materials fall under Crown copyright. Each Government of Canada department or agency administers Crown Copyright and Licensing for the materials they produce; you must contact the creating department or agency when seeking permission. The exceptions are legislation and court judgments emanating from the Federal government and the Ontario government. The public was given permission by a 1997 order-incouncil to use these materials as long as accuracy is ensured and it is made clear that the reproduction is not an “official” version.

The BC Government has loosened its copyright restrictions around provincial legislation. All documents found on the BC Laws website are published under the Queen’s Printer License, which allows for both commercial and non-commercial use of the legislative materials on the site. (A few restrictions apply – please read the license for details.)

Electronic information, accessible through the Internet, is very susceptible to copyright infringement. It is very easy to download graphics (photos, cartoons) and documents and copy them without permission from the copyright holder. It is important to remember that the creator of the website where you found the material might not be the copyright holder for all of the materials included on that site. You must go to the original source for permission.

We are not exempt from copyright clearance charges because we are a non-profit organization, or because our material may be deemed socially responsible. We often receive gratis permission for newspaper articles written by staff reporters and writers, but articles from Postmedia newspapers (The Vancouver Sun, The Province, etc.) are almost invariably subject to a licensing fee.

With graphics (such as cartoons) and photos that accompany newspaper articles, a charge is often incurred. Similarly, freelance writers of newspaper or journal articles generally hold the copyright for their material and often expect compensation for their intellectual property.

Copyright permission is usually given on a one-time basis or for a given period such as a calendar year. In either case, the maximum number of copies that may be made is stipulated, and further reproduction is prohibited. It is unusual to be granted ongoing permission to use material.

When copyright permission is granted, it is of the utmost importance to ensure that a statement of acknowledgement appears on either the first or last page of the article or excerpt. The statement of acknowledgement typically contains the words, “Reprinted with permission...” Sometimes the copyright holder will specify a credit line that they would like you to use.

A. It may take a couple of days, a couple of weeks, or even a couple of months. The more items you have the more time should be allowed. Also, allow plenty of time during the summer as people are often on vacation. Always try to start the process of requesting copyright permission as early as possible.

A. Unfortunately, you do need to get further permission as permission is usually only granted to make a certain number of copies for a particular purpose – or, less often, to make an unlimited number of copies for a certain period of time for a particular purpose. Therefore, when the use of the material changes, further permission is required.

A. While this is a common assumption, use of this material without permission is not legal. Copyright subsists even when there is no indication of copyright. The only time material can be used without requesting permission is when the author or creator of the work specifically states it is available for use.

1. Make sure that the source of the item is clear and complete. For example, if it is a journal article, you should have the author(s), title of the article, name of the journal, the volume, issue, date and page numbers. If any of these items is missing, contact Information Services and we will help you fill in the missing information.

2. Find out as much as you can about how the material is to be used. If the material will be used in a workshop, for example: How many copies will be needed in total? How many workshops will take place? For what period of time will the item be used in the workshop? Approximately how many people will be attending the workshops?

3. If the article has photos or other graphics, be aware that these may be under separate copyright.

You can usually tell if this is the case if there is a copyright symbol adjacent to the photo or graphic.

4. Determine whether the publisher has a policy that allows for a certain number of copies to be made for educational use without having to request permission.

5. Send an email to the publisher or copyright holder requesting permission to use the material for the purpose required. Provide links or attach the material to the email, if possible.

The email should include complete information about the item, its intended use and the number of copies required. It should also be stated that we are a not-for-profit organization and, if relevant, that the material is being used in a free workshop for public school teachers. Finally, it is important to say when copyright permission is required by.

6. If permission is received, it is essential to include a statement of acknowledgment on each copy being made – for example, “Reprinted with permission, ASCD, ©2010.” Sometimes the publisher or author will specify how they want the statement of acknowledgement to read. It is also a good idea to keep a “diary” file to indicate when the permission expires. Sometimes permission is granted for one-time use while other times we are allowed to use the item for a calendar period.

A copy of the written evidence of permission granted should be forwarded to Records, along with the original request. The final email in the chain, from request to permission, should be sufficient.