Transcript Copyright - NEOS Library Consortium

Copyright & Licensing
Ernie Howe & Karen Adams
NEOS
May, 2002
Background
• Ernie - Licensing guru at UofA
• Karen - Chair, CLA Copyright Committee
Definition
“sole right to produce or reproduce the work or any
substantial part thereof in any material form
whatever, to perform, or in the case of a lecture to
deliver, the work or any substantial part thereof in
public, or if the work is unpublished, to publish the
work or any substantial part thereof…”
Copyright Owner
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author
composer
sculptor
choreographer
architect
performer
Works Protected
• National treatment - works from other
countries
• Published works
• Unpublished works
Term of copyright
• life of the author, plus 50 years
OR
• 50 years after “publication”
OR
• 75 years after “making”
Infringement
• doing, without permission, anything that only the
copyright owner has the right to do
• person who copies is the infringer
Fair Dealing
• “for the purpose of research or private study”
• “for the purpose of criticism or review”
• “for the purpose of news reporting”
Library exceptions
• import single copy
• make a single copy of a work not commercially
available
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rare, unpublished
deteriorating, damaged, lost, or at risk
cannot be handled
new format
record-keeping and cataloguing
insurance and police investigations
restoration
Library exceptions
• Library staff protected by fair dealing
• single copy for research or private study
– scholarly, scientific or technical article
– “popular” articles older than one year
– not a digital copy
CANCOPY Agreement
• 10% of a publication, or more if it is:
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entire book chapter
entire short story, play, essay, article, poem
entire entry from dictionary or encyclopedia
entire artistic work from a book or periodical
entire newspaper article or page
entire item of print music from a book or periodical
an artistic work from a book or periodical
Not Covered by CANCOPY
Agreement
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Works on the exclusion list Workbooks
Printed music
Commercial newsletters
Government documents
Advertising
Electronic text
Unpublished/archival works
Original art and prints
Slides
Instruction manuals
CANCOPY & ILL to non-profits
• the non-exclusive right to make Copies of
Published Works for use... in interlibrary
loan to other non-profit educational
institutions and non-profit libraries,
archives, and museums
• digital transmission for the purposes of
interlibrary loan permitted; hard copy
delivery only
CANCOPY & ILL to non-profits
• no copying shall exceed 10% of a Published
Work or the following, whichever is
greater...
• b) an entire single short story, play, poem,
essay or article from a book or periodical
issue (including a set of conference
proceedings) containing other works...
CANCOPY & ILL to for-profits
• Copies of Published Works for sale to or use
by any persons or entities other than nonprofit educational institutions, libraries,
archives
• digital transmission for the purposes of
interlibrary loan permitted; hard copy
delivery only
CANCOPY & ILL to for-profits
• 15% of a Published Work or the following,
whichever is greater:
– (a) an entire newspaper article or a page;
– (b) an entire single article from a journal,
magazine, or periodical issue (including a set of
conference proceedings) containing other
works;
– (c) an entire chapter which is 20% or less of a
book.
CANCOPY & ILL to for-profits
• The Institution shall not engage in
systematic, cumulative copying of the same
Published Work for the same user within the
same calendar year beyond the limits set out
in clause 2 of this Schedule
(IN)CONCLUSIONS re ILL
• No CANCOPY license - sec 30.2 applies refers to purpose, nature of material, single
copy
• CANCOPY among non-profits -‘an entire...
article from a book or periodical issue’
• CANCOPY for profit - ‘an entire single
article’ but not ‘systematic, cumulative
copying of the same Published Work for the
same user within the same calendar year’
E-Issues
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Making available
Technological protection measures
Rights management information
ISP liability
Institutional exemption from liability for
client use
• Standard form contracts
Links
• http://www.library.ualberta.ca/copyright/ind
ex.cfm (post secondary CANCOPY license)
• http://www.cla.ca/resources/copyright.htm
(links to the Act, position papers,
CANCOPY)