Copyright_Flowchart

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Know what you can and can't copy copies right! Created by Bianca Parisi for ncLibraries, 2012

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Is it a print work? NO YES Print

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Published Work Is it a published work? YES NO

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Unpublished Work If the work that you wish to copy is unpublished you must contact the copyright owner for permission to use the work. Copyright still subsists in an unpublished work. Please contact the library copyright staff for assistance. Click the hand to start at the beginning.

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Is the work in the PUBLIC DOMAIN? NO Public Domain Public Domain refers to works where there is no copyright or the copyright has expired. YES

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Fair Dealing What can YOU copy? Under the Canadian Copyright Act, you the faculty / staff member can copy parts of a published work for the purpose of research, private study, criticism, review, news reporting, education, parody or satire. This is an exception under the Act and is called Fair Dealing . The elements of the fair dealing exception cannot be interpreted restrictively but this does not allow you to copy whatever you desire in the defense of fair dealing. Your dealing must fulfill all 6 criteria listed on the next slide to be considered fair dealing. Remember your dealing should be to complement existing textbooks that students purchase, not to replace them. Fair Dealing Criteria

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Fair Dealing Purpose of the dealing – Why are you making the copy? It must be for research, private study, criticism, review, news reporting, education, parody or satire. Are you providing your students with a supplemental reading to complement their textbooks? This would be considered FAIR. Are you providing your students with a mandatory reading, like a chapter of a book, to replace purchasing a textbook? This would be considered UNFAIR . 2. Character of the dealing – How many copies of the published work are you making? Are you making copies to facilitate a lesson in your classroom? This would be considered FAIR . Are you making multiple copies of an article and distributing them throughout the college? This would be considered UNFAIR . 3. Amount of the dealing – How much of the published work are you copying? Consider quantity and quality of the work being copied. Remember the less being copied is better. An excerpt of a short story or a chapter of a book being copied to enhance your lesson and facilitate research and private study for students would be considered FAIR . Copying an entire book of short stories or cumulative copying of the book would be UNFAIR . 4. Alternatives to the dealing – If you doubt whether your copying will be considered fair dealing, do not copy the work. Consult library staff and visit the library’s subject guide Copyright for Faculty & Staff for alternative sources. 5. Nature of the work – Is the work being copied confidential? Is the work intended for a paying clientele? This would include consumable products such as, lab manuals. Copying a confidential, restricted or consumable work would be considered UNFAIR . Copying a work that is intended to be circulated for public interest would be considered FAIR. 6. Effect of the dealing – Will the copying of the work potentially compete with the market of the original? Yes = UNFAIR , No = FAIR. ******REMEMBER: ALWAYS CITE YOUR SOURCES******

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Public Domain Definition My work is in the Public Domain The Public Domain applies to works where the copyright term of protection has expired. The length of copyright in Canada is based on the life of the author / creator plus 50 years. Examples of works in the public domain: Works by Ernest Hemingway Works by Emily Carr

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Go ahead and copy!

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Digital Works Is it a film? YES NO

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Digital Works Is it an image? YES NO

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Digital Works Is it a database article? YES NO

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Digital Works Is it a website article/content? YES NO

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Databases Niagara College purchases licence rights with each database vendor. Therefore, permissions for what can be done with database content will vary. However, generally, you cannot print articles from a database and then copy and redistribute them to your class. The licence agreement the library has with the vendor takes precedence over fair dealing. Consider linking instead! Providing links in Blackboard to items from Library databases is an excellent way to ensure you are not violating any copyright regulations and to help Niagara College meet its sustainability goals. Finding links from Library Databases

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Web Sources What type of material are you using from the web ? Make sure that the resource that you wish to use is publicly available. DO NOT use resources that are password protected, that have TPMs (Technological Protection Measures, digital locks) that prevent copying, or have a clearly visible disclaimer prohibiting educational use. Check out the next page for Open Access teaching resources that you can use or your class. Remember to link! Providing links in Blackboard to items from the internet is an excellent way to ensure you are not violating any copyright regulations and to help Niagara College meet its sustainability goals.

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Brain and Behavior Cancer Medicine DOAJ Ecology and Evolution EMBO Molecular Medicine Evolutionary Applications Food Science & Nutrition Geoscience Data Journal MicrobiologyOpen Click here for many more! Open Access

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Films What about YouTube? Feature Films and Documentaries: According to Section 29.5(d) of the Copyright Modernization Act, you may conduct a performance of a cinematographic work in the classroom. Cinematographic works include: feature films, documentaries, television show, etc. in any format ( dvd or digital). Video Streaming Databases: The library has license agreements with both Films on Demand and National Film Board of Canada which will allow you to stream videos to BlackBoard or show in your classroom for your students. Educational Films

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Digital Media YouTube Videos on the internet (i.e.,YouTube and other video hosting sites) are also copyrighted works. Check to see who posted the video (is it the creator of the video or someone who doesn't have the rights to post it?) and look for Creative Commons licensing or other licensing details that will tell you how the video can be used. When in doubt, contact the person who posted the video for direct permission to use something with clearly stated terms of use. **Please note that you MUST check the terms of use for any material you wish to stream in class, whether they are from YouTube or not. The link to this information is usually found at the bottom of websites.** Check out these great sites for videos that you can show in class!

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Digital Media You Tube You for Schools Tube MIT VIDEO h o tDOCS DOC library FreeVideoLectures Bringing Free Education to All

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Pictures, photos, and images that are found on the internet are subject to copyright protection the same as any written work. Remember to always check the terms of use of the image that you wish to use and always cite your source. Click here for images you can use Digital Works: Images

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Digital Works: Images Here is a listing of websites where you can find images that have a creative commons license or are in the public domain. Google Advanced Image Search Google Repository of LIFE Images Images Canada Knowledge Ontario: Our Ontario PD Photo PixaBay Public Domain Photos Reusable Art and many more. ...

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