Canadian Public Performance Rights for Videos and DVDs Learning Resources Services Canadian Public Performance Rights (CPPR) for Videos and DVDs February 2008 1 09/03/2016 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 2 09/03/2016 Canadian Public Performance Rights for Videos and DVDs 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. 3 09/03/2016 Canadian Public Performance Rights for Videos and DVDs 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. 4 09/03/2016 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. 5 09/03/2016 Canadian Public Performance Rights for Videos and DVDs 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. 6 09/03/2016 Canadian Public Performance Rights for Videos and DVDs 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: __________________________________ 7 09/03/2016 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: 8 09/03/2016 Canadian Public Performance Rights for Videos and DVDs · 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. 9 09/03/2016 Canadian Public Performance Rights for Videos and DVDs 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. 10 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. 09/03/2016 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. 11 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 09/03/2016 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. 12 09/03/2016