Practical Approaches to Digital Copyright Joint Presentation by Digital Media Projects and Ryerson University Library N.B. we are NOT lawyers June 1, 2015

Practical Approaches to Digital Copyright Joint Presentation by Digital Media Projects and Ryerson University Library

N.B. we are NOT lawyersN.B. we are NOT lawyersApril 18, 2023

Overview

Digital copyright basics Images, photos and films Video streaming Text based materials

Protecting your own work from breach of copyright

What does copyright protect?

Exclusive right to copyIncludes the right to: Duplicate, Scan or Digitize Show in public Broadcast Adapt Translate

What else does copyright protect?

Economic RightsMoral Rights Protect the integrity of the work Protect the right to be associated with

the work Stay with the author, even when work

is licensed to others

Copyright. What is it?

To be protected by copyright the work must be both ORIGINAL and tangibly FIXEDCopyright does not apply to IDEAS; Copyright applies to the form of their communicationYour work does NOT need to be registered to be protected by copyright it is protected by the Canadian Copyright

Act once it is created in a fixed form

What is digital copyright?

How we exploit copyright material affects how we obtain copyright permission Paper-to-paper uses fall under Access

Copyright Digital distribution: must obtain

direct permission, Access Copyright does not apply

Streaming videos & DVDs: library’s public performance rights do not apply

What can I use? What can’t I?

OK, go right ahead: Public Domain and Copyright-free

materials (check disclaimers carefully)

Licensed materials from the library Your own creations

OK, if you get permission: All other copyright materials

What can I use? Licensed materials from the Library

ARTstor over 500,000 (and growing) images cross-disciplinary, including maps, photographs, and

construction images, as well as art designed specifically for the academic environment

(non-profit) stable URL so can be linked through E-Reserve, web

pages or Blackboard users can create own image groups which can be put

into private or public folders folders created by instructors can be hidden and

password protected.

What can I use? Licensed materials from the Library

ARTstor

Also includes presentation softwarepresentations can be done on-line, or off-line through “image viewer”images (non ARTstor as well) can be input into image viewer, and additional data addedinstructors can add own lecture notes, student can add notes which can be only visible to them or can be made visible to others.local collections can be added for access only to the institutions own community or to all of ARTstor usersScreen shots

What can’t I use…as easily?

Copyright in Photographs

generally, “author” of photograph holds copyright not necessarily photographer“author” - person who owned negative when madecommissioned photo – person ordering holds copyrightphoto made during employment held by employer



Term rules generally - author’s life +50 years anonymous photos – least of:

publication +50 years or creation +75 years

pre-1949 photos are in public domain


Copyright in PhotographsRights of the photograph’s © holder: Economic Reproduction

Exception: educational institutions may make copy of image for projection on the premises – not on web

First publication then rights may be assigned elsewhere

Communication to the public by telecommunication (e.g. Internet)

Public presentation/exhibition



Rights of the photograph’s © holder: Moral Attribution (or not) Association (with something

damaging to reputation) Integrity of work (no changes) Above cannot be assigned to

someone else, but can be waived


Added complications!Images in public domain can still be controlled by an institution under contract lawPhotograph of architectural work 2 copyrights, 2 owners

Sound recordings affected by two or more copyrights Recording itself and the content (e.g. the music)

Good news about sound recordings: no PPR needed for class use


Copyright in Cinematographic WorksOwnership

The ‘author’ owns copyright Normally, the ‘author’ is the director (for

dramatic works), but the Act does not specify

Non-dramatic works created before 1994 – copyright is held by owner of the negative at the time it was madeA film made during employment is held by the employerIs frequently assigned to distributors Geography matters ..


Copyright in Cinematographic Works

Term rules are much like photographs’ Generally: author’s life +50 years ‘Non-dramatic’ = publication + 50

years Anonymous = least of either

publication + 50 or creation + 75 years



Rights of the film’s © holder: EconomicReproduction, including any ‘substantial’ part of film (cannot be determined by length)Performance in ‘public’ (i.e. anywhere other than home or domestic setting)Communication to the public by telecommunication (i.e. streaming)



We purchase with public performance rights (PPR) Needed for class screening Not the same as rights to digitize or

stream

Copyright must be requested from distributor to digitize/streamWe cannot get permission to stream feature films

Current status of video streaming

Faculty may request streamed videos for Library-held or newly ordered material via the on-line, multi-purpose E-Reserve request form Permission requests processed through either DE staff or Library AV acquisitions staffAll access through Blackboard – preferred by distributors – password protected Costs monitored by and approved by AV Librarian on a case by case basis

A library service that provides Ryerson students with online access to course materials Not available to collaborative program

students from other schools

Posted inside Blackboard, sometimes within the Library catalogueE-mail [email protected], use the online form, phone 416 979-5051

How can I use text-based materials? E-Reserve


An online alternative to Print ReservePrimarily: direct links to journal articles located in the Library’s electronic subscriptions, from Blackboard The Library will try to obtain copyright

permission to scan materials from paper and post them online as PDF files

Best suited for supplemental readings: don’t plan on replacing your course pack if it contains a large number of articles or book chapters that require clearance


Remember: Copyright is an issue Our Access Copyright license does not

apply to E-Reserve

We obtain copyright permission for all of the copyright protected materials we scan for E-Reserve Except: materials in the public

domain and whatever we own in licensed, online subscriptions

How can I use text-based materials? A few words about clearing copyright

To clear copyright we need TIME & MONEY Communicating with rights holders often takes an

unpredictably long time

Library pays for copyright fees that it can afford Rights holders can ask for ANYTHING – frequently

that’s too much

Permissions (almost) always apply for specific, limited time & user groupIt’s important to: plan ahead prepare for the worst

Clearing © on your own

We will clear © only for materials over which we can retain control and only for materials that are used in conjunction with Ryerson courses.Be careful with your publicly accessible sites. Public i.e. anyone, anywhere in the

world

We have a sample letter to help you.

Other resources

Open Access sites Internet Archive http://www.archive.org/ MIT Open Courseware

http://ocw.mit.edu/OcwWeb/ Creative Commons

http://creativecommons.org/

Useful resources Library’s copyright FAQ A Practical guide on Copyright Clearance for New media

Producers from the Department of Canadian Heritage

Protecting your own work from breach of copyright

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Practical Approaches to Digital Copyright Joint Presentation by Digital Media Projects and Ryerson University Library N.B. we are NOT lawyers June 1, 2015