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| Policy
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Copyright
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It is the Policy of Seneca College to facilitate access to print, visual, virtual and electronic resources to further academic teaching/learning and operational objectives in accordance with the Copyright Act, Access Copyright's Ontario College Agreement and the Seneca College Copyright Policy. Copying, selling, or distributing books, articles, periodicals, audio-visual and/or materials received through print and/or electronic communication, in which copyright subsists shall be done in accordance with the terms and conditions set out in the above three guiding documents, other applicable federal and provincial laws/regulations and all relevant College policies. The College will be responsible to develop, maintain, update, educate and communicate the attached Copyright Guidelines that describe what materials can or cannot be reproduced, copied, distributed or sold within Seneca College. The faculty, staff or student who wishes to use copyright material, will have the responsibility to work, in consultation with the College, to obtain clearances where necessary. The College’s print, digital and virtual library materials, printing/copying equipment and its information technology services, facilities and equipment are the sole property of Seneca College. College facilities and equipment shall not be used to copy, store, display or transmit copyright material, except as permitted for educational/research purposes, as defined in applicable legislation, guidelines, agreements and relevant College policies, such as the Information Technology Acceptable Use Policy. The College respects the rights of copyright owners and shall not knowingly copy, sell, distribute, or use any print or electronic materials, without the express permission by the copyright owner, or in accordance with a license agreement authorising same. Employees and students are obligated to report any incident where they know or believe that copyright protected materials are being accessed, copied, stored, distributed or sold by other persons. Any person who knows or believes that a member of the College community is in violation of this Policy has the right to file a complaint and participate in the investigation and resolution process. Violations may result in sanctions against a member of the College community and will be processed in accordance with the attached Copyright Abuse Procedures. The goal of this Policy is to prevent and resolve copyright violations. This Policy is supplemental to any other legal right or remedy that the College may have in conducting its affairs. It is understood that the College may continue to exercise its pre-existing legal rights without recourse to this Policy or attached procedures, and/or may assume the role of complainant where circumstances warrant. |
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| Guidelines
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Copyright
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DEFINITION Copyright means the sole right to produce, reproduce and copy a work in which copyright subsists. In Canada, all original creative works are protected by copyright. Only the copyright owner or its authorized licensees have the right to decide when and how the work is to be copied. Under Canada's Copyright Act, the author of the work is, in the first instance, the first owner of copyright in the work. If the work is created in the course of the author’s employment, the employer holds the copyright, unless there is an agreement with the author of the work to the contrary. Copyright protection is automatic upon the creation of a work, and applies whether or not a copyright statement appears on the material. In general, copyright extends during the life of the author and for a period of fifty years thereafter. COMMITTMENT AND RESPONSIBILITY Seneca College is committed to providing access to print, visual, virtual and electronic resources to further academic teaching/learning and operational objectives, in accordance with the Copyright Act, the Access Copyright Agreements and the Copyright Policy. Seneca College and its employees are responsible for adhering to all federal and provincial laws/regulations and this Policy and can be held liable for non-compliance. Documented and substantiated allegations/complaints shall be handled through the Copyright Abuse Procedures and/or the Information Technology Acceptable Use Protocols in the event of alleged violations through electronic resources. Violations of the Copyright Act, College Copyright Policy and/or other statutory standards could result in suspension of usage privileges or other sanctions as appropriate. REPORTING ALLEGED VIOLATIONS All employees, students and clients should report any real, perceived or believed infraction of the Copyright Policy to the Copyright Technician (CT) or the Resolution, Equity and Diversity Centre (REDC). The Copyright Technician is located in the Markham Campus Library and can be reached electronically at copyright@senecac.on.ca or by telephone at 416-491-5050 extension 7527. All employees, students and clients are expected to comply with the directions given to them by staff in performing their regular or delegated duties in regards to this Policy, including participating in the investigation/resolution process. WORKS PROTECTED BY COPYRIGHT THESE COPYRIGHT GUIDELINES COVER PRINT, ELECTRONIC, AND AUDIO-VISUAL FORMATS. COPYING, AND IN SOME INSTANCES MODIFYING, MATERIALS PROTECTED BY COPYRIGHT WITHOUT THE WRITTEN PERMISSION OF THE COPYRIGHT OWNER VIOLATES THE COPYRIGHT ACT AND COLLEGE POLICY. Guideline 1: Copying of Print Materials The following acts of copying shall be considered as fair dealing for the purpose of research or private study, and not acts of copyright infringement, by the College: A. Copies for Use by Students, Professors and Administrative Staff, up to 10% of a published work, can be copied under this section if the material is for: personal research and study; library reserve; interlibrary loan; transparencies; slides; and last-minute copies for classroom distribution. B. Copies for Sale in 'Coursepacks' and Distance Education materials, up to 15% of a published work, can be copied from each non-textbook source provided the source is not listed on the Access Copyright Post Secondary Exclusions List (Schedule A of the Ontario College Agreement), where compilations of copies are bound or packaged together. Exception: For both categories listed above, it is permissible to exceed the limits when copying:
C. Coursepacks Containing Textbook Excerpts are limited to a single chapter, or up to 5% of the book, whichever is less. Up to 50% of the coursepack can be comprised of textbook excerpts, while the other 50% could contain original material and/or magazine articles or extracts from non-textbook sources. Up to two textbook excerpts written by the same author and published by the same publisher within any five-year period can be included in the coursepack. Guideline 2: Audio-Visual Materials The following activities shall be considered permissible by the College, and not acts of copyright infringement: A. Feature Length Films Feature length films may only be shown in the College if they are licensed for public performance. Public performance licenses may be arranged through Audio-Visual Services in the Library. B. Television Broadcast Recordings The copying of television and radio programs without the authorization of the copyright-holder does not infringe copyright, so long as only a single copy is made, and is destroyed within thirty days of the copying. The aforementioned copies may only be shown in the College if they are licensed for public performance. Public performance licenses may be arranged through Audio-Visual Services in the Library. Exception There is an additional educational exception that can be applied for the off-air television recording of a news program or a news commentary, excluding documentaries. The audience must consist primarily of students from the educational institution. The copy must be made at the time the program is aired, and the copy can be shown an unlimited number of times for up to a period of a year. Records must be kept of information relating to the making, erasing, performance and marking of the copy. After one year, the copy must be erased or paid for. C. Previewing Television Broadcast Recordings The educational institution, or a person acting under its authority, can make a single copy of any type of television program and review the copy for a period of 30 days, without infringing copyright. The 30-day exception is an evaluation period only and does not permit the performance of the copy on a royalty-free basis. After the 30 days, the copy must be destroyed or the institution must pay a royalty for the subsequent use and performance of the copy. D. Music The performance of a sound recording on College premises for educational/training purposes for a student audience is permissible. Otherwise the performance or copying of sound recordings infringes the owner's copyright, in the absence of a license from the owner to do so. E. Photographs The Copyright Act protects photographs, including photographs made from negatives, polaroid photographs and electronic photos. It is permissible under the terms of the licensing agreement between Seneca College and Access Copyright to copy a photograph from a book or periodical issue that contains other works for “academic research or work related.” Neither the Access Copyright license nor the Copyright Act permits the copying of a photograph from a negative, or from any other source where the photograph stands alone. Guideline 3: Electronic Resources A. Copying from the Internet Before copying material created by others from the Internet, including text, graphics, images, sound, video, news, games, postings to newsgroups and e-mail messages, permission must be obtained from the copyright owner (usually the person or organization that created the site). Items not protected by copyright include ideas, titles, names & slogans, and materials in the public domain. (Noel, Wanda. Copyright Guide for Canadian Libraries Ottawa: Canadian Library Association, 1999 p47.) B. Databases
C. Transforming Material Formats In order to change the format of material, such as print to electronic or electronic to print (e.g., scanning, CD-burning), permission must be obtained from the copyright owner. Senecans are responsible to contact the Library Copyright technician for such permission. One exception is copying to a transparency for instructional purposes, which is covered by the licensing agreement between Seneca College and Access Copyright. Guideline 4: Professional Responsibilities A. All professors, other academic staff and relevant student support departments, shall have the responsibility for providing information to their students on their rights and responsibilities regarding this policy, copyright, infringement, approved and intended use of learning resources at Seneca College. B. Seneca administrators have the responsibility to disseminate copyright information to their employees. Links to all relevant college-related copyright issues are available at |
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| Procedures
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COPYRIGHT ABUSE
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REPORTING ALLEGED VIOLATIONS All employees, students and clients should report any real, perceived or believed infraction of the Copyright Policy to the Copyright Technician (CT) or the Resolution, Equity and Diversity Centre (REDC). The Copyright Technician can be reached electronically at copyright@senecac.on.ca or by telephone at 416-491-5050 extension 7527. All employees, students and clients are expected to comply with the directions given to them by staff in performing their regular or delegated duties in regards to this Policy, including participating in the investigation/resolution process. It is understood that copyright material cannot be accessed, used, copied, transformed, used for financial gain or distributed using College services, equipment, facilities, except as prescribed by the Copyright Act, Access Copyright Ontario College Agreement and the College Policy. Alleged copyright material cannot be confiscated directly from the person in possession of the material. However, the copyright owner and/or the College will have the right to prohibit the use or where there are College Resources available, restrict access of the material in question, pending the investigation and resolution process defined in these procedures. ROLE OF COPYRIGHT TECHNICIAN (CT) - LIBRARY Upon receipt of a complaint or report alleging a Policy infraction, the CT will undertake, within 3 working days, to determine if the material in question is copyright protected. Where copyright material, that is not permissible within legislative/policy guidelines or procedures, is being displayed, transmitted, altered, downloaded, distributed or used for financial gain using the College's information technology facilities or equipment, the Computing Security Officer (CSO) shall be notified and assist in conducting the preliminary review. Where the material is found to be in violation of the Copyright Act and/or College Policy, and depending upon the severity of the activity, the CT or CSO has the discretion, in consultation with the REDC, to issue verbal warnings for minor infractions. All warnings shall be documented and reported to the REDC for review and recording purposes. Where the CSO and/or CT have sufficient information to determine that the incident could be a severe breach of Policy, he/she will forward all information to REDC for investigation and resolution. Where the material in question resides on College computer equipment, facilities or networks the material may be removed pending an investigation. No action will be taken resulting in the seizure of copyright material or severe sanctions without a proper investigation and involvement of the REDC, unless notification to the individual and/or group would cause the College to violate specific legal obligations with regards to the dignity, safety or security of its constituents and the reputation of the College. However, it is understood that the College may prohibit and/or restrict the use of any print, audio-visual or electronic material pending the results of the investigation. ROLE OF RESOLUTION, EQUITY AND DIVERSITY CENTRE (REDC) Where it is determined that the alleged incident is a severe breach of the Policy, the CT or CSO will submit their preliminary report to the REDC. An Investigator will be assigned to conduct a formal investigation which will include, but is not limited to: a review of the preliminary information; inspection of any materials or evidence presented; interviews with any parties who were involved or may have knowledge of the matter; contact with the owner of the copyright material; as well as consulting with legal counsel and/or enforcement agencies. The REDC, in conjunction with the CT and/or CSO, will have the responsibility to finalize and provide an Investigation Report detailing the investigative findings and recommendations to resolve the incident. Where a breach of the Policy is determined, the REDC, in consultation with the CT and/or the CSO, (and where appropriate the owner of the copyright material), will determine and communicate what actions, if any, are required to achieve Policy compliance. CONSEQUENCES OF POLICY VIOLATIONS Where incidents are found to be in violation of the Policy, and depending upon the severity of the situation and its impact on the institution, the College will exercise its rights and obligation to take appropriate action, up to and including expulsion or termination. Student and employee sanctions could include, but are not limited to: verbal/written warnings; rescinding of college services; removal of materials from computer equipment facilities and networks; denial of using copyright material in the academic environment/classroom; restitution for costs associated with copyright material, disciplinary directives; behavioural contracts; expulsion, suspension and/or dismissal from the College. It is understood that where disciplinary action is determined, it shall be conveyed, discussed and confirmed through the appropriate Dean/Chair/Director. Where necessary, any memoranda outlining the College's decisions in the specific situation may be placed on the student's and/or employees' file for up to two years, subject to the provisions of the appeal and/or collective agreement process. COLLEGE RECORDS All documentation related to the incident/complaint shall be recorded and maintained in the Resolution, Equity and Diversity Centre, in accordance with the Freedom of Information and Protection of Privacy Act. APPEAL PROCESS Within 10 working days of receiving the College's decision in the matter and where it is claimed that:
Either the respondent or complainant may submit a formal appeal in accordance with established College Appeal Procedures. All appeals must be in writing and identify the reasons for the appeal. RESOURCES Further information regarding your rights and obligations under the Copyright Act, Regulations and this Policy is available from the Copyright Technician who can be reached electronically at Copyright@senecac.on.ca or by telephone at 416-491-5050 Ext. 7527, and/or the Resolution, Equity and Diversity Centre at 416-491-5050 Ext. 2078 or electronically through www.senecac.on.ca/hr/redc. Links to all relevant college-related copyright issues are available at Updated January 2007 |
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Resolution, Equity and Diversity Centre web site: www.senecac.on.ca/hr/redc Maintained by: The Resolution, Equity and Diversity Centre with support from ITT Services |
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