Assignment #1: Copyright and Copy-wrong

1.The Copyright Act provides that it is not an infringement of copyright to deal with a work for the purposes of research, private study, criticism, review, news reporting, education, satire, and parody, provided the dealing is “fair.” 

2.up to 10 per cent.

3. Copying or communicating that exceeds the limits in these Fair Dealing Guidelines may be referred to a supervisor or other person designated by the educational institution for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.

4.Any fee charged by the educational institution for communicating or copying a short excerpt from a copyright protected work must be intended to cover only the costs of the institution, including overhead costs.

5. A teacher can copy (or take any other necessary action) in order to display a work protected by copyright. This permits the use of whiteboards and similar tools, overhead projection using a device such as an LCD screen, overhead, opaque, or slide projector, provided the work is used for the purpose of education and training and is not already commercially available in a medium that is appropriate for this purpose. 

6. Educational institutions may not make a large-print book for a student with a perceptual disability without permission from the copyright owner.

7. Yes, you can play sound recordings and turn on televisions and radios in the classroom, subject to all of the following conditions: • it must take place on the premises of an educational institution; • it must be for educational or training purposes; • it must not be for profit; • it must take place before an audience consisting primarily of students of the educational institution, persons acting under its authority, or any person who is directly responsible for setting a curriculum for the educational institution; and • it must not involve a “motive of gain.“

8. No. Copying an entire musical score that is not in a copyrightprotected work containing other musical scores is not permitted. Permission must be obtained. Normally, the music publisher can provide permission. Sometimes the right to copy music is given when music is purchased. The music books or sheets will have a notice stating that copying is permitted. In this case, music can be copied without the copyright owner’s permission in accordance with the terms of the notice. Fair dealing permits limited educational dealings with musical scores. First, copying an entire single musical score from a copyrightprotected work containing other musical scores is permitted. Second, up to 10 per cent of a musical work can be copied under fair dealing.The Copyright Act permits educational institutions to perform music, whether recorded or live, without payment or permission from the owner of the copyright. A person acting under the authority of a non-profit educational institution can: • perform a musical work live if the performance is primarily by students of the educational institution; • play sound recordings containing a musical work; and • play radio and television programs containing a musical work while the program is being transmitted (over-the-air broadcast, cable, satellite, or over the Internet). The following conditions apply. The performance must: • take place on the premises of an educational institution; • be for educational or training purposes; • not be for profit; and • take place before an audience consisting primarily of students of the educational institution, persons acting under its authority, or any person who is directly responsible for setting a curriculum for the educational institution. The Copyright Act permits the public performance of music in schools when it is “in furtherance of an educational object.” Performances that are not in furtherance of an educational object must be authorized by the copyright owner, or by a collective that represents the owner.

9. SOCAN and Re:Sound can provide licences to schools and school boards across Canada

10. Did the music use occur during school hours? • Will the student be graded on the activity involving the music use? • Does the music use involve a demonstration by a student or teacher for other students, teachers, assessors, or parents? • Is it reasonable to consider the music use to be for educational purposes? The phrase “educational purposes” is not defined in the Copyright Act but can be described as an activity that is planned and where the objective is for students to meet one or more subject or program outcomes. • Was the music used on school premises? • If admission was controlled, was it free? • Was the music use for a non-profit purpose?

11. The Copyright Act contains a users’ right permitting anyone, not just students and teachers, to use copyright-protected works to create new works. This users’ right is referred to in the Copyright Act as “non-commercial user-generated content.” This users’ right can be found in section 29.21 of the Copyright Act as amended by the Copyright Modernization Act. The following conditions apply to the creation of non-commercial user-generated content: 1. It can only be used for non-commercial purposes. 2. The original source must be mentioned, if it is reasonable to do so. 3. The original work used to generate the content must have been acquired legally. 4. The resulting user-generated content does not have a “substantial adverse effect” on the market for the original work.

12. The Copyright Act permits showing an audiovisual work such as a DVD or video as long as the work is not an infringing copy or the person responsible for the showing has no reasonable grounds to believe it is an infringing copy. Teachers can show audiovisual works purchased or rented from a retail store, a copy borrowed from the library, a copy borrowed from a friend, and a YouTube video.

13.No. Teachers cannot copy an audiovisual work at home and then show it in the classroom. Teachers can, however, show a legally obtained copy in the classroom. A legally obtained copy includes a copy purchased or rented from a retail store, a copy borrowed from the library, a copy borrowed from a friend, and a YouTube video.

14. Owners of legal copies of computer programs may make a single reproduction of these programs in only two situations: 1. An owner of a legitimate copy of a computer program may make one backup copy of that program. The person must be able to prove that the backup copy is erased as soon as he or she ceases to be the owner of the copy of the computer program from which the backup was made. 2. An owner of a legitimate copy of a computer program may also make a single copy of that program by adapting, modifying, or converting the computer program or translating it into another computer language, provided that: (i) the reproduction is essential for the compatibility of the program with a particular computer; (ii) the reproduction is solely for the person’s own use; and (iii) the copy is erased when the person ceases to be the owner of the copy of the program from which the copy was made.

15.  Yes. Educational institutions, teachers, and students may save, download, and share publicly available Internet materials, as well as use that material in the classroom and communicate it to students or others within their education circle. “Publicly available” materials are those posted on-line by content creators and copyright owners without any technological protection measures, such as a password, encryption system, or similar technology intended to limit access or distribution, and without a clearly visible notice prohibiting educational use. Routine classroom uses may be made of publicly available Internet materials, such as incorporating on-line text or images into homework assignments, performing music or plays on-line for peers, exchanging materials with teachers or peers, or reposting a work on a restricted-access course Web site. To encourage copyright awareness and respect in all circumstances, students and educators are required to cite the source of the Internet materials they use.

16. No. A digital lock is a technological protection measure (such as encryption or a password) that restricts the ability of users of digital content from sharing or copying the content. The Copyright Act prohibits breaking a digital lock even for educational uses that are otherwise permitted by the Copyright Act. For example, the encryption on most commercial DVDs, or the serial-key validation required by many software programs, protects these DVDs and software programs from unauthorized use. These protections cannot be broken even if the purpose of the use is otherwise allowed. I do not feel that this is very safe.

17. Janet, J. (2015). Demystifying Copyright: Step by Step On How To Copyright. Blackville: Miramichi's Library. ISBN: 0-0 - 45678- 123-0 $15.00.