Canadian Public Performance Rights for Videos and DVDs
Learning Resources Services
Canadian Public Performance Rights
(CPPR) for Videos and DVDs
February 2008
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Canadian Public Performance Rights for Videos and DVDs
Table of Contents
1.
Videos and DVDs purchased by Learning Resources Services................................. 3
2.
Videos and DVDs purchased by schools ................................................................... 3
3.
ERAC Videos and DVDs........................................................................................... 4
4.
Vendors who include CPPR in the sale of their videos ............................................. 4
5.
Educational and Feature Film licenses ...................................................................... 4
6.
ACF – AUDIO CINE FILMS .................................................................................... 5
7.
VEC – VISUAL EDUCATION CENTRE ................................................................ 6
8.
CPPR Confirmation letter .......................................................................................... 6
9.
Videos and DVDs without CPPR .............................................................................. 6
10. Teacher's Media; Teacher's Video & School Specialty Media………………...……6
ATTACHMENTS:
Sample CPPR Confirmation Letter ………………………………………………………7
ACF - FAQs…………………………………………………………………………….....8
Criterion Pictures (VEC) - FAQs……………………………………..………………….10
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Confirming Canadian Public Performance Rights (CPPR) for
Videos and DVDs
All videos and DVDs must have confirmation of Canadian Public Performance Rights
(CPPR) to be legally shown in Surrey schools. The following document outlines the
requirements and offers guidelines for ensuring compliance.
Additional information from AudioCine Films (ACF) and Visual Education Centre
(VEC), which includes Criterion Pictures, regarding licensing requirements has been
appended at the end of this document.
1. Videos and DVDs purchased by Learning Resources
Services
All videos and DVDs ordered through Learning Resources Services are purchased with
Canadian Public Performance Rights. These resources can be legally shown in Surrey
schools.
An orange label reading “L.R.S. – APPROVED FOR CLASSROOM USE.” will be
affixed to any media ordered through Learning Resources Services before being shipped
to the recipient school.
2. Videos and DVDs purchased by schools
If schools purchase Videos or DVDs direct from vendors, they must have written
confirmation that the vendor complies accordingly:
All Educational Media (Videos/Tapes/CD’s/Software) Statement
“The vendor warrants that this media is licensed for classroom use in Canada and
complies to all Copyright laws. The Vendor further agrees to indemnify School District
No.36 (Surrey), its agents and employees, for any loss and expense resulting from any
breach of this warranty.”
A copy of this documentation must be forwarded to LRS before MARC Records will be
created in the Destiny library catalogue.
OR
The school must have a valid ACF or VEC license that covers the Video or DVD being
shown. A copy of the valid license must be forwarded to LRS before a record will be
created in Destiny.
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3. ERAC Videos and DVDs
Items purchased from ERAC include CPPR. If you purchased the resources through
Learning Resources Services, the Videos and DVDs will arrive at your school with the
orange PPR label attached.
4. Vendors who include CPPR in the sale of their videos:
All Videos/DVDs purchased from the following vendors include CPPR and can be used
in the classroom:
British Columbia Learning Connection
(BCLC)
Classroom Videos
Image Media
Magic Lantern
McIntyre Media Inc.
National Film Board
Provincial Educational Media Centre
TV Ontario
Access to Media Education Society
BCTF Lesson Aids Service
Canadian Forces
Cine Fete
Filmwest Associates
Health Canada
Moving Images
RG Training
School District materials (i.e. Surrey
Elementary Speech Fest 2003-2004)
Canadian Learning Company
Educational Resource Acquisition
Consortium (ERAC)
International Telefilm
Marlin Motion Pictures
McNabb & Connolly
Office National du Film du Canada
TeleQuebec
BC Teachers' Federation
BCSPCA (B.C. Society for the
Prevention of Cruelty to Animals)
CBC Non-Broadcast Sales
Filmoption International
Fraser Health Authority
Kinetic Video
Radio-Canada
Royal Canadian Legion
Terry Fox Foundation
National Geographic:
These are licensed on a case-by-case basis. Please check with the vendor/distributor for
CPPR confirmation.
5. Educational and Feature film licenses:
Audio-Cine Films and Visual Education Centre licenses may be purchased, by schools, to
provide CPPR for showing select educational and feature-length films. District
Learning/Library Resource funds cannot be used for the purchase of these licenses.
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Canadian Public Performance Rights for Videos and DVDs
Please note that video licensing must be done on an annual basis. The following
information is valid to December 31, 2007.
Please be aware that both agencies have specific rules and conditions in their contracts,
with which each school must comply. This includes a reporting function.
Coverage changes from time to time – a studio may switch agencies, so items that you
have purchased under one license may no longer be covered and it may be necessary to
purchase the other license if you intend to continue showing the movie in the classroom.
For example, for 2007, ACF now has the rights for Disney and Pixar. This was not the
case in 2006.
The CPPR for items that fall under their representation is valid only if you have
purchased the license covering the producers listed under the agency. These are annual
licenses and must be kept up to date.
http://acf-film.com/ for Audio Cine Films (ACF). You will need to download at the
prompt. Once it has finished loading, you can search for titles, studios, etc.
or:
http://www.visualed.com/search.htm for Visual Education Centre (VEC). This company
includes licensing for studios that provide educational materials, such as TVOntario,
FISH for schools, and many others. For Feature Films licensed under VEC, you can
check:
www.criterionpic.com
This site allows you to search their databases to find titles and other information.
These licenses allow you to purchase or rent Videos or DVDs including feature films
from outside sources such as Blockbuster, Wal-Mart, etc., and to show them in the
classroom. You must be sure that the titles/producers exist on their lists and that your
license is current when you show them. Appended to the end of this document are some
of the Frequently Asked Questions (FAQs) and copyright information that the agencies
have posted on their websites.
6. ACF – Audio Cine Films
If you have purchased an ACF license, Videos and DVDs from the producers and studios
on their website http://acf-film.com/ will be covered. Click on the link on the sidebar that
says “Studios” to view a list of the studios they cover. A title search is also available.
The school must comply with the terms of the contract signed with ACF. If you choose
not to renew the license, the Videos and DVDs covered by that license will need to be
removed from your collection.
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7. VEC – Visual Education Centre
If you have purchased a VEC license, Videos and DVDs from the producers or studios
listed at www.visualed.com or www.criterionpic.com, under the heading
“Studios/Producers” will be covered. Schools must comply with the terms of the contract
signed with VEC. If you choose not to renew the license, the Videos and DVDs covered
by that license will need to be removed from your collection. This is generally an annual
license and your collection will need to be maintained based on the list.
8. CPPR Confirmation letter
Attached please find a “sample” letter that can be sent to vendors to confirm CPPR. This
letter is helpful for confirming CPPR for Videos/DVDs that were previously purchased
and where no paperwork exists.
Please keep copies of these completed requests on file for future reference.
9. Videos and DVDs without CPPR
Videos/DVDs without Canadian Public Performance Rights cannot be shown in schools
under any circumstance and must be immediately discarded if no attempt is being made
to obtain the rights.
10. Teacher’s Media, etc
There is currently a moratorium on purchasing Videos and DVDs from Teacher’s Media
(USA); Teacher’s Video (USA) and School Specialty Media (Canadian). Please
contact Purchasing if you require additional information.
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File: 11310 02
School District No.36 (Surrey)
‘Insert School Contact Information’
(OPR)
TO:
______________________________
______________________________
Fax: __________________________
FROM:
______________________________________________
______________________________________________
______________________________________________
Fax: (604)______________________________________
Date:_________________________________
Attention: Manager
All Educational Media (Videos/Tapes/CD’s/Software) Statement
“The vendor warrants that this media is licensed for classroom use in Canada and
complies to all Copyright laws. The Vendor further agrees to indemnify School District
No.36 (Surrey), its agents and employees, for any loss and expense resulting from any
breach of this warranty.”
Please review the following list and confirm that the following educational media
conforms to licensing and copyright laws as outlined above. Please return the signed
form to the fax number indicated above. Thank you.
TITLE
__________________________________________________YES
__________________________________________________YES
__________________________________________________YES
__________________________________________________YES
__________________________________________________YES
__________________________________________________YES
____
____
____
____
____
____
NO___
NO___
NO___
NO___
NO___
NO___
Name: ____________________________________ Title: _________________
(Signature)
Company: __________________________________
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Canadian Public Performance Rights for Videos and DVDs
Audio-Cine Films
This information comes from the Frequently Asked Questions (FAQs) section of their
website. (www.acf-film.com, under the K-12 Profile)
School-aged children are fond of animated films that feature colourful characters and interesting
stories. These films stimulate their imagination and add to their creative development. This is why
many organisations such as K-12 schools often use such films as a complement to their
educational activities.
As an exclusive Canadian rights representative for numerous major studios and producers, we
issue annual public performance licenses that allow K-12 schools to present copyrighted VHS/DVD
films without risk of infringement to the Canadian Copyright Act, which states that all public
presentations of copyrighted VHS/DVD films must be licensed with an appropriate representative.
WHAT KIND OF COPYRIGHT LICENSE IS AVAILABLE?
We offer various types of licenses that give easy, affordable and legal access to 1000's of films
from the studios and producers we exclusively represent in Canada. This includes exclusive rights
to Walt Disney Pictures and the largest selection of family films available, including numerous
documentaries, films based on literature and classics.
Annual Public Performance VHS/DVD Site License
Based on a twelve (12) month cycle, this type of license can be issued for all types of
organisations and allows for the unlimited presentation of all titles belonging to the studios we
exclusively represent, titles can be obtained from any legal source, retail/rental outlets, or
personal collections. Annual licensing costs are based on full-time equivalent student enrolment
figures - licenses may be obtained for in-class presentations or for student activity needs.
Short Term Single Presentation Licenses
Ideal for single-classroom showings or last-minute special movie presentations, these types of
licenses can be issued for a specific movie presentation. Costs vary between $125 and $175 +
transport and taxes per presentation - please note that these prices apply for regular non-profit
presentations using regular VHS/DVD films available to the general public. Prices may vary if you
wish to have a fund-raising event. Please contact us for additional information on rates.
Long Term Three Year (3) Licenses
Ideal for long-term classroom needs, these types of licenses allow for the continuous and
unlimited use of a specific title/copy over a three (3) period. Prices vary between $325 and $375
+ taxes per title/copy, and include one VHS or DVD. Usually issued for school board use.
WHAT ARE THE ADVANTAGES TO ACQUIRING A LICENSE?
· Access to the largest collection of family films available.
· Access to an extraordinary collection of great movies.
· Canada's largest selection of independent and foreign films.
· Access to the majority of Canadian, American and foreign studios.
· An unlimited number of presentations.
· The possibility of obtaining films from any legal source available: i.e. private collections, video
clubs, libraries, retail outlets, etc.
WHAT ARE COPYRIGHTS AND HOW DOES THIS APPLY TO MY ORGANIZATION?
The Canadian Copyright Act (Section 42, 2) governs how copyrighted materials, such as movies,
may be used.
Neither the rental nor the purchase of a movie carries with it the right to show the movie publicly
outside the home, unless the site where the movie is used is properly licensed for public exhibition
with a rights representative such as Audio Cine Films Inc. Ownership of the movie and the right to
use it publicly are two separate issues. The copyright holder retains exclusive public performance
rights.
This legal requirement applies:
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· regardless of whether an admission fee is charged;
· whether the institution or organization is commercial or non-profit;
· whether a federal, provincial or local agency is involved.
WHY IS COPYRIGHT INFRINGEMENT A CONCERN?
The concept of "Public Performance" is central to copyright and the issue of protection for
"intellectual property." If an author, computer programmer, musician or movie producer does not
retain ownership of his or her "work," there would be little incentive for them to continue and little
chance of recouping the enormous investment in time, research and development, much less
profits for future endeavors.
COPYRIGHT INFRINGERS CAN BE PROSECUTED
The Canadian Motion Picture Distributors Association (CMPDA) and its member companies are dedicated to
stopping film and video piracy in all its forms, including unauthorized public performances, illegal
downloading, etc. Copyright infringement is a growing concern in Canada, and negatively affects
all levels of society.
For more information, do not hesitate to contact us.
FAQs
Q.
We have a fairly large collection of VHS/DVD movies that have been donated or purchased by
parents, do we still need a license if we present movies that we own?
A.
Yes, copyright licenses are required for all public presentations, even if films are personally owned,
brought in by children or rented from rental stores.
Q.
I only show a few movies per year and don't see the point of getting an annual license just for a
few movies, should I still get a copyright license?
A.
Yes, annual licensing costs are on average less than $0.75 per child per year and they give you
access to 1000's of worry-free copyrighted VHS/DVD movies than can greatly benefit your
organization and the children that attend. Most school boards and private school associations have
very strict policies concerning the respect of copyrights (print, music, films, digital), so why take
unnecessary risks?
Q.
My school is very small, and cannot afford the cost of an annual license, is there someway to
obtain a rebate?
A.
Yes, we try to accommodate all requests from small organizations, we also offer rebates centrally
purchased licenses through school boards and private school associations.
Q.
Although we don't show movies during class time, student groups and individual teachers will
often present movies during lunch-time, or during after school activities or PTA meetings, do we
still require a license?
A.
Yes, 100% of films presentations occurring within your school must be licensed with a rights
representative such as Audio Cine Films Inc.
2007 © Audio Ciné Films Inc. All rights reserved.
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Criterion Pictures
The following selected information has been obtained from the Criterion Pictures website, at
www.criterionpic.com , from the link “Frequently Asked Questions on Public Performance”.
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.
2.
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.
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.
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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.
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Canadian Public Performance Rights for Videos and DVDs
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.
2.
3.
4.
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.
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.
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.
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.
Can a school have a library of acquired or donated tapes and loan these tapes to students
for home viewing?
1.
2.
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.
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.
2.
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.
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.
How do I obtain permission from a copyright holder to show or reproduce their work?
1.
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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
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Canadian Public Performance Rights for Videos and DVDs
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.
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.
Additional information can be found on the websites listed above.
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