Background
The
Division recognizes the rights of creators and undertakes to ensure
staff members are aware of these rights as required by the Copyright Act
of Canada. The Division will not accept responsibility for a staff
member who willfully and knowingly contravenes the Copyright Act.
Definitions
In this Administrative Procedure:
Copyright
means the legal protection of a creator’s original work. Copyright law
does not protect ideas, only the form in which they are expressed.
Copyright Infringement
means publishing, adapting, exhibiting, translating, editing,
performing in public, communicating by telecommunication, copying or
converting to another medium without permission of the creator.
Works Covered by Copyright mean all original literary, dramatic, musical and artistic works.
Examples
include: books, writings, encyclopedias, photographs, films,
dictionaries, statistical data, newspapers, reviews, magazines,
translations, tables, compilations, examination questions, speeches set
down in writing, any piece that can be recited, choreographs, harmony,
melody, lyrics, paintings, drawings, sculptures, works of artistic
craftsmanship, engravings, architectural works of art, maps, plans,
charts, records, cassettes, tapes, sound recordings, television programs
and electronic resources such as computer software, online programs,
CD-ROM’s, laser disks and computer programs stored on any media.
Dubbed Off-Air means making a copy of any television program during broadcast.
Procedures
1.
Works covered by copyright may only be reproduced for Division Office,
class or school use with oral or written permission from the copyright
owner or if they are covered by an agreement entered into on behalf of
the Division by the Ministry of Education.
2. Print Resources
The
Ministry of Education has entered into the Access Copyright Elementary
and Secondary School Tariff agreement on behalf of Saskatchewan School
Divisions which allows copying under certain conditions. An individual
may reproduce print resources in accordance with the guidelines found in
this agreement.
3. Video Resources
The
Division purchases licensing for video resources on a yearly basis
through Audio Cine Films (ACF). An individual may reproduce video
resources in accordance with the guidelines found in this agreement.
4. Electronic Resources
4.1.
Electronic resources such as computer software, CD-ROM’s, on-line
programs, electronic bulletin boards, freeware, shareware, and computer
programs stored on any media may only be used according to conditions
specified on the site or jurisdictional license.
The
Division will make every effort to purchase multiple copies of
electronic resources or to purchase site or jurisdictional licenses for
electronic resources.
4.2
One (1) back-up copy, adaptation or translation of a computer program
is permitted by law and does not require special permission from the
copyright owner.
Schools (school libraries) may only lend the original program, not the back-up copy.
4.3.
Where a work has been placed on the Internet with the message that it
can be freely copied, there is an actual license to copy the work.
Sometimes the terms of the license are subject to conditions.
5. Music Resources
The
Division purchases licensing for video resources on a yearly basis
through Society of Composers, Authors and Music Publishers of Canada
(SOCAN). An individual may reproduce music resources in accordance with
the guidelines found in this agreement.
5.1. A sound recording may be placed on sound equipment in school, if the public performance rights were purchased.
Sound recordings obtained from Canadian distributors always include public performance rights in the purchase price.
5.2.
A musical work may be performed by students and teachers in the course
of teaching without obtaining permission from the copyright owner.
5.3.
Where a work has been placed on the Internet with the message that it
can be freely copied, there is an actual license to copy the work.
Sometimes the terms of the license are subject to conditions.
6. “Public Domain” Resources
6.1. Staff members may reproduce works that are in the “Public Domain”.
6.2. If a work is in the “Public Domain” it means that reproduction is allowed without requesting permission.
6.3.
Fifty (50) years after the death of a creator, a work becomes part of
the “Public Domain”, except when rights are passed to others.
6.4. If the work is reprinted in a new edition, only the original text is in the “Public Domain”.
7. Ownership of Copyright
7.1. The Division owns copyright in any works produced by a staff member in the course of his/her employment.
7.1.1.
The Director may grant others the right to reproduce work copyrighted
by the Division under such terms as may be appropriate. The reproduction
must include the copyright and give acknowledgment to the authors.
7.1.2.
The Director may enter into an agreement with others to produce, in
part or in whole, a work for the Division. This agreement shall
specifically address copyright of the work produced.
7.1.3. The Division may market Board material at a cost that shall cover printing, mailing and royalty.
7.1.4. The Division may enter into an agreement with a private publisher to publish Division material for sale and distribution.
7.1.5. If the Division markets a resource profitably, it may choose to compensate the creative staff member.
7.2.
Students own the copyright on anything that they create and parental
permission to reproduce their work is to be obtained if the student is
under sixteen (16) years of age. Student permission is required if the
student is sixteen (16) years of age or over. Permission is not required
to display student work within the school.
7.2.1.
The Principal or designate will request and file permissions from
parents/guardians at the beginning of each school year to record and/or
tape their child(ren) for possible performance.
7.2.2.
Parental approval shall be obtained to display any student work
outside the school at such sites as teachers’ conventions, conferences,
public libraries, Division office or on the school website.
7.2.3.
The copyright in photographs taken by students for school publications
with equipment and supplies provided by the school is usually the
property of the school.
8. Adherence to Copyright Law
Staff
members will not be required by their supervisors to perform any
service that is a violation of this Administrative Procedure.
8.1.
Principals and supervisors shall ensure that copyright information
shall be offered to all staff members, to ensure they are made aware of
Copyright Law, the copyright agreements, and this Administrative
Procedure.
The
Director may appoint a committee to review copyright procedures
periodically and will continue to provide updated information to all
schools.
Reference: Copyright Act of Canada
Date April 16, 2013
