The document provides an overview of a presentation on copyright and the use of public domain materials for student projects. It discusses Canadian copyright law, fair dealing, and collective licensing. It then outlines the goals of bringing teachers up to date on copyright issues, provoking debate on this topic, and demonstrating how to create multimedia projects using public domain resources. Several websites containing public domain and Creative Commons licensed materials are also listed.

1. © COPYRIGHT THIS! Awesome Multimedia in the Public Domain Presented by Michael Peters Gandatsetiagon Public School, Pickering ON Durham District School Board

2. © COPYRIGHT THIS! Are KNOWLEDGABLE: Dealing with copyright and information literacy issues on a daily basis. Are PASSIONATE: Librarians have ALWAYS been on the front line of Freedom of Information battles. Make an IMPACT: They influence how a whole school approaches research and information literacy. Why YOU are the perfect audience: Teacher – Librarians:

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4. © COPYRIGHT THIS! PART ONE: Canadian Copyright Law and Student Projects PART TWO: The Public Domain & Community Commons PART THREE: Your Free Multimedia Tool Kit The Obligatory Outline:

5. © COPYRIGHT THIS! To bring you up to date to the state of the copyright / fair dealing debate in Canada, including discussion of public domain and community commons licensing. To provoke debate and get teachers interested and involved in this current and evolving issue. To demonstrate how to create cool multimedia with hassle-free public domain resources. To provide a road map to these, and other, great, free, resources to help teachers and students take their multimedia to the next level. My Goals:

6. COPYRIGHT Copyright as an individual right is the right of the author/creator of a work to copy it—or to authorize another to do so. "Copying" has come to include translation, adaptation, and various other practices. The term copyright can also refer to the system of rights in which users of works also have rights, such as fair dealing and free expression. (Murray 2004) © COPYRIGHT THIS!

7. FAIR DEALING Section 29 of the Copyright Act states that limited use of copyrighted materials for the purposes of private study, research, review, criticism, or news reporting does not constitute copyright infringement . Fair dealing was once thought of as a defence to an action in copyright infringement, but the Supreme Court in the decision (2004) stated that it is better to think of it as a “user’s right.” (Murray 2004) (emphasis added) © COPYRIGHT THIS!

8. COLLECTIVE LICENSING Licensing collectives may be authorized by the government to register various creators in a certain area of intellectual property and acquire the rights to license the creators works to third parties. (Murray 2004) © COPYRIGHT THIS!

9. 29. Fair dealing for the purpose of research or private study does not infringe copyright. 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source: the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. © COPYRIGHT THIS! Copyright Act ( R.S., 1985, c. C-42 ) SEC. 29: EXCEPTIONS TO INFRINGEMENT: FAIR DEALING

10. Guidelines For Dealing Fair 1. Keep it PRIVATE. Fair dealing protects private research and scholarship : what constitutes private scholarship within the public school system has not been well defined. The courts are likely to protect activities that are essentially private – such as a student independently accessing and reproducing materials for research purposes. It doesn’t cover teachers reproducing materials – class sets for example – for students. Fair dealing would probably protect in-class presentations of student projects (as a relatively intimate collaborative learning environment), but widespread publication of the work – even on a school website, would not be allowed. © COPYRIGHT THIS!

11. © COPYRIGHT THIS! Guidelines For Dealing Fair 2. Keep it CONNECTED. Fair dealing is a BALANCE. So, if copyrighted material was used frivolously, not really advancing a particular research goal, it is unlikely to be protected. The courts are more likely to protect activities that are closely connected to the research- necessary for understanding the topic. Students should be taught to use media for a particular purpose, to illustrate a specific point.

12. © COPYRIGHT THIS! Guidelines For Dealing Fair 3. Give Credit Where Credit Is Due Proper attribution is absolutely essential for the use of the material to be deemed fair. This goes for ALL media elements. Where source is unclear, effort must be made to find the source, and all available information should be included. (Better yet, don’t use material where the source is unclear)

13. © COPYRIGHT THIS! Copyright Reform: Current Issues & Why Educators Should Care

14. © COPYRIGHT THIS! Copyright Matters! Source: Wanda Noel, “Copyright Matters! Some Key Questions and Answers For Teachers” 2nd Edition, CMEC, 2005 Canada

15. © COPYRIGHT THIS! Captain Copyright: Champion of Misinformation? Source: http://www. CaptainCopyright.ca, August 2006

16. © COPYRIGHT THIS! Source: Duke University Centre for the Study of the Public Domain (Creative Commons License) “ Bound By Law? Trapped in a Struggle She Didn’t Understand” I can relate!

17. © COPYRIGHT THIS! … many educators apparently don’t understand certain basic copyright matters. They, and their advisors, are so enamoured of the notion of “respect for copyright” that they seem ready to pay Access Copyright - the reprography and wannabe electronic rights collective - just about whatever Access Copyright asks. Oh - they may say the rates are too high - but they still pay and there has never yet been a fully fought confrontation with Access Copyright over the rates, terms and conditions of licensing at the K-12 or post secondary level in Canada. A challenge is in the works at the Copyright Board and taxpayers can only hope that Access Copyright ends up with only a very small percentage of the $12 per student per year that is seeking. Howard Knopf, “Internet Educational Copyright Exemption Debate in Canada” Excess Copyright, May 31 2006 EXCESS COPYRIGHT

18. © COPYRIGHT THIS! GREAT SITES! FAIRCOPYRIGHT.CA ( http://www.faircopyright.ca ) - AMAZING resource by Queen’s University Prof Laura Murray, specifically geared to educators, answering most common questions about copyright in the classroom. EXCESSCOPYRIGHT ( http://excesscopyright.blogspot.com ) – Ottawa lawyer takes on Canadian copyright with his excellent and well-informed blog. DEL.ICIO.US ( http://del.cio.us/michaeljpeters ) - I have a large collection of links to online resources, blogs, and discussion forums concerned with copyright reform. For this, and lots of multimedia resources for educators, visit my del.cio.us account.

19. © COPYRIGHT THIS! Public Domain: A Basic Definition The Public Domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. (emphasis added). Wikipedia: Public Domain

20. © COPYRIGHT THIS! GREAT SITES! ARCHIVE.ORG ( http://www.archive.org ) – A great source for lots of stock media, especially vintage video! DEL.ICIO.US ( http://del.cio.us/michaeljpeters ) - Just a reminder - this is the ONLY address you need to remember! ALL of the sites I’ve discussed today are linked there, and lots more!

21. © COPYRIGHT THIS! Lesson Plan Ideas: Archive.Org can provide an endless supply of material for the study of news, media and advertising. (Fitting nicely with the new Language curriculum!) How about … Ad Busting: Using Windows Movie Maker to edit stock footage, students create a Public Service Announcements using old commercial footage. Story Retelling: Using Movie Maker to edit old movies or cartoons, students can reorder the scenes, change the dialog, and add subtitles and credits.

22. © COPYRIGHT THIS! Creative Commons is a system of rights management where the creator of the material gets to specify the which rights to allow to users. Basically, you retain copyright, but allow others to copy and distribute of your work, provided they give you credit and adhere to your conditions, which can include: Whether to allow commercial use of your work. Whether to allow your work to be modified

23. © COPYRIGHT THIS! For educators: Use Creative Commons licenses for your articles, lesson plans and classroom materials. Share with others, protect your work! For educators AND students: Another great source for material that students can use. Many licenses, allow material to be used for non-commercial purposes, including vast collections of music. Attribution-Non-commercial-Share-A-Like 2.5 License

24. © COPYRIGHT THIS! GREAT SITES! Creative Commons ( http://creativecommons.org ) Creative Commons Canada (h ttp://www.creativecommons.ca ) Both sites have a search engine which allows you to look for material that is cleared for non-commercial use.