Assignment #1: Copyright and Copy-wrong

1.  Purposes "Fair Dealings" protect a person when using others' materials are The Copyright Act provides that it is not an infringement of copyright to deal with a work for the purposes of research, private study, criticism, review, news reporting, education, satire, and parody, provided the dealing is "fair".

2.  Under fair dealings up to 10% of a copyright-protected work (including a literary work, musical score, sound recording and and audiovisual work) can be copied.  Other things that can be copied under fair dealings are 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 single poem or musical score from a copyright-protected work containing other poems or musical scores, and an entire entry from an encyclopedia, annotated bibliography, dictionary, or similar reference work.

3. Copying multiple short excerpts from the same copyright- protected work with the intention of copying or communicating substantially the entire work is prohibited.  If copying something exceeds the limits it may be referred to a supervisor or other person designated by the educational institution for evaluation an evaluation of whether it is permitted under fair dealing will be made based on all relevant circumstances.

4. Yes a fee can be charged by a place when providing other's copyrighted work without permission. The article said that any fee charged by the educational institution for copying something from a copyright- protected work must be intended to cover only the costs of the institution, including overhead costs.

5.  Teachers can copy in order to display a work protected by copyright, also teachers can copy, translate, communicate electronically, show, or play any copyright protected work for a test or examination.

6.  Educational institutions may not make a large-print book for a student with a perceptual disability without permission from the copyright owner.

7.  Yes, you can play sound recordings and turn on televisions and radios in the classroom, subject to all of 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; and
• it must not involve a “motive of gain".
This users’ right does not apply to recorded radio and television programs, but only to playing radio and television programs while they are being transmitted (over-the-air broadcast, cable, satellite, or over the Internet).

8. Yes students at school can perform a play that is copyrighted.   An example is the performance of a play in a drama class. The same five conditions as those cited for playing sound recordings, listening to the radio, or watching television listed in the answer to the previous question must be met before this users’ right applies.  Also The Copyright Act permits educational institutions to perform music, whether recorded or live, without payment or permission from the owner of the copyright

9.  No schools can't legally play music at their own dances and sporting events without getting permission from SOCAN.

10.  Questions to consider when determining whether music use requires permission would be:
• 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.  The Copyright Act contains a users’ right permitting anyone, not just students and teachers, to use copyright-protected works to create new works.   The following conditions apply to the creation of non-commercial user-generated content:
1. It can only be used for non-commercial purposes.
2. The original source must be mentioned, if it is reasonable to do so.
3. The original work used to generate the content must have been acquired legally.
4. The resulting user-generated content does not have a “substantial adverse effect” on the market for the original work.

12.  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.

13.  No. Teachers or students cannot copy a dvd or show at home and then show it in the classroom.

14.  Owners of legal copies of computer programs may make a single reproduction of these programs in only two situations:
 1. 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.
2. 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.

15. Yes teachers and students can copy from the internet, the only rule is teachers and students are required to site the source of the internet materials they use.

16.  Any original work I create is copyright protected.  Knowing this, I feel safer about what I am creating, being aware that it is protected online, and made illegal to be copied.  Although, it does make me wonder how this is effective, because I do know it is quite simple to copy a persons work, without anyone really noticing if the persons work is not popular.  Therefore, I wonder how my work being protected is relevant, if there is nothing actually done in the situation that is copied.

17.  Stewart, M. (2016).  Demystifying Copyright: A day in the life of Kenzie and Jaime.  Blackville:  Canadian BBT writing.