Thursday 24 March 2016

Assignment #1: Copyright and Copy-wrong

1. For which purposes does "Fair Dealings" protect a person when using others' materials? (pg. 2 top)

Fair Dealings protects a person for the purpose of research, private study, criticism, review, news reporting, education, satire, and parody

2. How much of another's work can be copied under fair dealings? (pg. 3 top)

A short excerpt of someone’s work can be copied. This includes 10% of a copyright-protected work, one chapter from a book, a single article from a periodical, an entire artistic work from a copyright-protected work containing other artistic works, an entire newspaper article or page, an entire entry from an encyclopedia.

3. Can you share 10% then another 10% then another 10% of the same work.........Explain? (pg. 3 mid)

No, you can’t copy multiple sections of the same work that appear to “technically” fall under the fair dealings law because copying or communicating multiple short excerpts from the same copyright-protected work with the intention of copying or communicating substantially the entire work is prohibited.

4. Can a fee be charged by a place when providing other's copyrighted work without permission? (pg. 3 bottom)

Yes, but 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. Can teachers copy and use other's work for the purpose of teaching and tests? (pg. 4)

Yes, a teacher can copy (or take any other necessary action) in order to display a work protected by copyright.

6. Can a school make a large print book for a student with vision problems without permission? (pg. 5 bottom)

Educational institutions may not make a large-print book for a student with a perceptual disability without permission from the copyright owner. Students with learning disabilities are provided with alternative formats through production centres across Canada like audiobooks, braille and e-text.

7. Can teachers and students use audio or video for school projects at school? If so what are the rules? (pg. 7)

Yes, you can play sound recordings in the classroom, subject to 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
• it must not involve a “motive of gain.“

8. Can students at school preform a play or play music that is copyrighted? Explain. (pg. 8-9)

No. Copying an entire musical score that is not in a copyright protected work containing other musical scores is not permitted. Permission must be obtained from the music publisher, which is sometimes stated on the sheet music purchased, if not however, it must be given from the publisher.

9. Can schools legally play music at their own dances and sporting events without getting permission from SOCAN? Explain. (pg. 10 bottom)

Uses of live and recorded music in schools are not permitted by the Copyright Act and therefore require permission and payment. These instances include: school dances, school sporting events, while people are on hold on the phone with the school, at an event where the admission is intended to make a profit or on school premises for no other reason than as background music like in the classroom, cafeteria halls, over the PA system, etc. SOCAN can provide licenses to schools and school boards across Canada so they will be allowed to play music in some of these situations!

10. What are the key questions to use when figuring out if video and music use is legal by staff and students? (pg. 11 bottom)

The key questions to use when figuring out if video and music use is legal are:
  • 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. Can students and teachers use other's copyright protected work to create NEW works? If yes, are their rules? (pg. 12)

The Copyright Act contains a users’ right permitting anyone, not just students and teachers, to use copyright-protected works to create new works.

12. Can a teacher or student rent or buy a dvd and show it in class? Explain. (pg. 15 top)

Yes. 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. Can a teacher or student copy a dvd or show at home and show that in class or school? Explain. (pg. 15 bottom)

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

14. Can the owner of computer software make a copy? Explain. (pg. 17)

Owners of legal copies of computer programs may make a single reproduction of these programs in only two situations:

  • 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.
  • 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: 
  1.  the reproduction is essential for the compatibility of the program with a particular computer
  2. the reproduction is solely for the person’s own use 
  3. 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. Can teachers and students copy from the Internet? Are there rules? (pg. 18)
Yes, educational institutions, teachers, and students may save, download, and share publicly available Internet materials. The only rule is that it has to be publicly available material. This means that the material was 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.

16. Are the works you create in school copyright protected? Explain how you feel about this. (pg. 19)
Yes. Any original work created by a student, be it in the form of an essay, a video or DVD, a sound recording, Web site, or art work, is protected. I think that this is actually a very good idea that these projects are protected because in some cases, especially with art, they can be posted to the school’s online website and from there they can be stolen. Most students put a lot of work into their projects and I think they should always be protected by the school.

17. Look at pg. 22 and examine the references given. Make up a FAKE book or story and practice making a reference for the book. Put the author, title, dates etc.... in the right spots. (You are going to try and copy the correct way to reference a book by making up fake info about a fake book and placing it in the right spot.)
Skywalker, L. (1980). Demystifying Copyright: How To: Luke Skywalker - A Written Tutorial on How To Be Perfect. Tatooine Publishing Association. ISBN: 0-0-88802-298-0, $420.00.

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