Questions and Answers about Copyright for Non-Print Material: Educational

The following are commonly asked questions about copyright rules concerning the use of non-print material such as videotapes, audio disks, and audio cassettes in schools. The responses which accompany the questions are intended only to make you more aware of your responsibilities under the copyright law and do not constitute legal advice.

What is the penalty for illegaIly using copyrighted materials in a classroom school?

1.
The Copyright Act states that a person found guilty of infringement of public performance, may be fined or imprisoned or both.

Who is held accountable when the copyright law is broken in a classroom or school?

1.
Ignorance of the law is not a defense. Many people can be held accountable when breaking The Copyright Act. The school’s principal, the teacher, the media technician and the school board can all be held liable, depending on their involvement. Every individual "involved" in the violation is liable.

What are Public Performance Rights?

1.
Under The Copyright Act any viewing or exhibition of a video in a public place (schools are considered public places) must have Public Performance Rights. P.P.R. rights can be added into the cost of the video at the time of purchase. Written confirmation of permission must be obtained from the copyright holder and kept on file.

Can I show students a video bought or rented from a local video store?

1.
You can show these only if your school has purchased a site license. These licenses will give your school the Public Performance Rights to show videos from certain studios. All videos shown in the classroom must have Public Performance Rights (PPR). Visual Education Centre can provide your schools with a license that would encompass approximately 12,000 feature films.
2.
Some videos can be rented or purchased with PPR already included. Make sure you are given written permission when purchasing or renting and keep this agreement on file.

How do I know if a video has public performance rights?

1.

Most videos sold by educational vendors have PPR. Most videos sold by non-educational vendors do not have PPR included in the original selling price.

2.

If you are unsure whether videos purchased by your school have PPR, check with the vendor. If the vendor indicates in writing that you have PPR for the video, keep this on record. If your vendor indicates that you have not purchased PPR for the particular title, then you must purchase PPR or stop using the video.

Is it legal to make a "back up" copy of a purchased video just in case the original gets damaged?

1.
It is illegal to make a "back up" or "vault" copy of any purchased video unless you have the written permission of the copyright holder. Written confirmation of permission must be kept on file.
2.
Duplicating rights for a particular title are negotiated between the Board of Education and the distributor. These rights are obtained for high volume material in central circulating collections and for videos that are included in loan kits.
3.
Duplicating rights only exist for a period of 3 to 5 years, after which licencing is renegotiated. Duplicating rights are not purchased for all titles in central circulating collections.
4.
You may request a copy of a video for which the Board has purchased duplicating rights. You would contact Media Services at your Board of Education.

When is it legal to record a program off air?
As of January 1, 1999, two educational regulations came into effect. For news and news commentary:

1.
You can make a single copy of a news and news commentary (not documentary) program to be used on school premises for educational purposes.
2.
The copy can only be made at the time the program is aired and must be shown primarily to students in an educational institution.
3.
The copy can be shown an unlimited number of times for up to one year from the date the copy is made.
4.
After one year, the copy must be erased or you must either seek clearance from the program’s producers or pay copyright fees.
5.
For all other types of broadcast programs:
You can make a single copy of programs that are not news and news commentary programs. You cannot duplicate these programs for your students.
6.
The copy can only be made at the time the program is aired.
7.
You may review the copy for 30 days to determine whether the copy will be used on the school premises for educational purposes. After 30 days, the copy must either be erased or you must obtain permission from the copyright holder to show it or pay copyright fees. Copies that are not erased after 30 days will be subject to payment at a pre-set rate.
8.
All tapes you have recorded for evaluation purposes must be clearly marked with the Title; Air Date; Air Time; Broadcaster (or channel); Duration of segment.
9.
FOR MORE INFORMATION CONTACT: ERCC (Educational Rights Collective of Cda)

Can a school have a library of acquired or donated tapes and loan these tapes to students for home viewing?

1.
Yes, a school can have a circulating video library. This means that a student can take the video home to view and then return it to the school. Please be aware that if this policy is in place, you must indicate on the cassette that it is a home use loan copy only. Not doing so is a violation of copyright.
2.
Individual students, groups of students, or entire classes cannot view a video which is labeled for home use loan at school.

Must I purchase PPR on a title by title basis?

1.
No, some companies, such as Criterion Pictures offer an Annual Public Performance License for as little as 25 cents/student. This license enables a school or group of schools to show all the feature films Criterion Pictures represents for a one year period. Reporting is required.

What do I do if I discover that I’m using a video with an expired date?

1.
Call the Media Centre or Library and Learning Resources in your area to see if the expiry date has been extended. If the license has expired and not renewed, it is your responsibility to erase the tape. This is part of the licensing agreement.
2.
Keep a record of all PPR and duplicating licenses your school has purchased. It is your responsibility to renew these licenses.

Is it legal to transfer a video purchased in another country to the North American Standard of NTSC?

1.
It is illegal to transfer a video purchased in another country, unless you have written permission from the copyright holder. Written confirmation of permission must be kept on file.

To what other media does copyright apply?

1.

Copyright applies to any original work such as music, art, screenplays, commercials, photographs, magazines, CD-ROMs, etc.

Is it legal for students to insert and/or edit video and/or audio commercials for class projects?

It is illegal for students to insert and/or edit video and/or audio in commercials for projects without written permission of the copyright holder

Is it legal to perform a work (i.e.: play) in the classroom without permission from the copyright owner?

1.
According to the booklet, What you Need to Know About the New Copyright Act, students can perform a play in the school if the following five conditions are met. The performance must:






take place on the premises of the educational institution
be for educational or training purposes.
not be for profit.
take place before an audience consisting primarily of students of the educational institution, instructors acting under its authority or any persons who are directly responsible for setting curriculum; and not involve a "motive of gain"
If the school is performing a play and charging admission, permission from the copyright holder needs to be obtained.

Is it legal to play a sound recording in the classroom/auditorium without permission from the copyright owner? What are the specific conditions relating to the playing of music in an educational environment?

1.
Yes, it is legal to play a sound recording if the following criteria are met. The recording must take place on the premises of the educational institution.


be for educational or training purposes.
not be for profit.
take place before an audience consisting primarily of students of the educational institution, instructors acting under its authority or any persons who are directly responsible for setting curriculum; and not involve a "motive of gain”.

Is it legal to videotape and audio record a stage performance of a work protected by copyright?

1.
Yes it is legal to videotape and audio record a stage performance of work protected by copyright if the following criteria are met. The performance must:






take place on the premises of the educational institution be for educational or training purposes
not be for profit
take place before an audience consisting primarily of students of the educational institution, instructors acting under its authority or any persons
who are directly responsible for setting curriculum; and
not involve a "motive of gain"
If the video is sold, permission from the copyright holder must be obtained.

How do I obtain permission from a copyright holder to show or reproduce their work?

1.
You are required to take reasonable steps to obtain written permission from the copyright holder or a representative of the owner such as a publisher, producer or distributor. If you are not successful in locating the copyright holder, a letter can be sent to Ottawa indicating that you have tried to obtain permission and were not able to find the copyright holder. At this point Ottawa will log your letter.

Unlocatable Copyright Owners of All Mediums

1.
Mr. Claude Maj eau OR
Copyright Board Canada
56 Sparks Street, Suite 800
Ottawa, Ontario
KlAOC9

or

2.
Doug Atkinson
CVS Inc.
40 Scollard Street
Toronto,Ontario • M5R 3S1
416-925-5857

Criterion Pictures would like to thank The Toronto District School Board for providing us with some of the material contained in this pamphlet. Their help is very much appreciated.

Questions and Answers about Copyright for Non-Print Material: Entertainment

I operate a summer camp for children and screen videocassettes for "movie nights" as a camp activity. The films are available from a video rental store in my community. Am I breaking the law?

1.
Yes. The owner of the copyright in a film has the exclusive right to perform or show the film publicly. Unlicensed screenings of a movie constitute illegal public performances.

I don’t use films on videocassettes or DVD as I pick-up movies with my satellite dish in my tavern. Is this illegal?

1.
Yes. Showing these movies in a tavern, restaurant or other establishment open to the public constitutes a public performance for which a license is required. The technical ability to receive the movie by a satellite dish does not give you the legal right to show it to the public in your commercial establishment.

I operate a motel and show movies to my guests either with a satellite dish or VCR to play back prerecorded videocassettes, but I do not charge any fee for this service. Do I still need a license from the copyright owner?

1.
Yes. An unauthorized public performance for private profit illegal. The legal definition of private profit includes venues in which a person charges an admission to an exhibition of a film or where the exhibition is intended as a form of entertainment which directly or indirectly promotes the business.

I operate a tour bus which is equipped with a VCR and a television monitor. Usually videos or motion picture films for which public performance licenses have been obtained are shown to the passengers during long distance trips. However, passengers sometimes bring their own videos and insist on showing them during trips. Is this legal?

1.
No. Because ownership of the videocassette does not mean ownership of the copyright of the production it contains, the passenger cannot legally show it in public without first obtaining a public performance license. You and the bus company you represent become liable if you permit the passenger to use the bus playback equipment for unlicensed screenings.

Are there any restrictions on these licenses?

1.
Yes. They include guidelines affecting advertising and promotion of your screenings. Check with one of our sales representatives for more details.

2014 • Criterion Pictures • 30 MacINTOSH Blvd., Unit 7 • Vaughan, Ontario • L4K 4P1 • 1-800-565-1996 • Fax: 866-664-7545