Practical Approaches to Digital
Copyright
Joint Presentation by Digital Media
Projects and Ryerson University Library
N.B. we are NOT lawyers
March 14, 2016
Overview
Digital copyright basics
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Images, photos and films
Video streaming
Text based materials
Protecting your own work from breach
of copyright
What does copyright protect?
Exclusive right to copy
Includes the right to:
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Duplicate, Scan or Digitize
Show in public
Broadcast
Adapt
Translate
What else does copyright protect?
Economic Rights
Moral Rights
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Protect the integrity of the work
Protect the right to be associated with the
work
Stay with the author, even when work is
licensed to others
Copyright. What is it?
To be protected by copyright the work must
be both ORIGINAL and tangibly FIXED
Copyright does not apply to IDEAS; Copyright
applies to the form of their communication
Your work does NOT need to be registered to
be protected by copyright
 it is protected by the Canadian Copyright
Act once it is created in a fixed form
What is digital copyright?
How we exploit copyright material affects
how we obtain copyright permission
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Paper-to-paper uses fall under Access Copyright
Digital distribution: must obtain
direct permission, Access Copyright
does not apply
Streaming videos & DVDs: library’s public
performance rights do not apply
What can I use? What can’t I?
OK, go right ahead:
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Public Domain and Copyright-free materials
(check disclaimers carefully)
Licensed materials from the library
Your own creations
OK, if you get permission:
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All other copyright materials
What can I use?
Licensed materials from the Library
ARTstor
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over 500,000 (and growing) images
cross-disciplinary, including maps, photographs, and
construction images, as well as art
designed specifically for the academic environment (nonprofit)
stable URL so can be linked through E-Reserve, web pages
or Blackboard
users can create own image groups which can be put into
private or public folders
folders created by instructors can be hidden and password
protected.
What can I use?
Licensed materials from the Library
ARTstor
Also includes presentation software
presentations can be done on-line, or off-line through “image
viewer”
images (non ARTstor as well) can be input into image viewer,
and additional data added
instructors can add own lecture notes, student can add notes
which can be only visible to them or can be made visible to
others.
local collections can be added for access only to the institutions
own community or to all of ARTstor users
Screen shots
What can’t I use…as easily?
Copyright in Photographs
generally, “author” of photograph holds
copyright
not necessarily photographer
“author” - person who owned negative when
made
commissioned photo – person ordering holds
copyright
photo made during employment held by
employer
What can’t I use…as easily?
Copyright in Photographs
Term rules
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generally - author’s life +50 years
anonymous photos – least of: publication
+50 years or creation +75 years
pre-1949 photos are in public domain
What can’t I use…as easily?
Copyright in Photographs
Rights of the photograph’s © holder:
Economic
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Reproduction
 Exception: educational institutions may make copy
of image for projection on the premises – not on
web
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First publication
 then rights may be assigned elsewhere
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Communication to the public by
telecommunication (e.g. Internet)
Public presentation/exhibition
What can’t I use…as easily?
Copyright in Photographs
Rights of the photograph’s © holder:
Moral
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Attribution (or not)
Association (with something damaging to
reputation)
Integrity of work (no changes)
Above cannot be assigned to someone
else, but can be waived
What can’t I use…as easily?
Added complications!
Images in public domain can still be
controlled by an institution under contract law
Photograph of architectural work
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2 copyrights, 2 owners
Sound recordings affected by two or more
copyrights
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Recording itself and the content (e.g. the music)
Good news about sound recordings: no PPR
needed for class use
What can’t I use…as easily?
Copyright in Cinematographic Works
Ownership
The ‘author’ owns copyright
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Normally, the ‘author’ is the director (for dramatic
works), but the Act does not specify
Non-dramatic works created before 1994 –
copyright is held by owner of the negative at
the time it was made
A film made during employment is held by
the employer
Is frequently assigned to distributors
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Geography matters ..
What can’t I use…as easily?
Copyright in Cinematographic Works
Term rules are much like photographs’
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Generally: author’s life +50 years
‘Non-dramatic’ = publication + 50 years
Anonymous = least of either publication +
50 or creation + 75 years
What can’t I use…as easily?
Copyright in Cinematographic Works
Rights of the film’s © holder: Economic
Reproduction, including any ‘substantial’
part of film (cannot be determined by
length)
Performance in ‘public’ (i.e. anywhere
other than home or domestic setting)
Communication to the public by
telecommunication (i.e. streaming)
What can’t I use…as easily?
Copyright in Cinematographic Works
We purchase with public performance
rights (PPR)
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Needed for class screening
Not the same as rights to digitize or stream
Copyright must be requested from
distributor to digitize/stream
We cannot get permission to stream
feature films
Current status of video streaming
Faculty may request streamed videos for
Library-held or newly ordered material via the
on-line, multi-purpose E-Reserve request
form
Permission requests processed through either
DE staff or Library AV acquisitions staff
All access through Blackboard – preferred by
distributors – password protected
Costs monitored by and approved by AV
Librarian on a case by case basis
How can I use text-based materials?
E-Reserve
A library service that provides Ryerson
students with online access to course
materials
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Not available to collaborative program
students from other schools
Posted inside Blackboard, sometimes
within the Library catalogue
E-mail reserve@ryerson.ca, use the
online form, phone 416 979-5051
How can I use text-based materials?
E-Reserve
An online alternative to Print Reserve
Primarily: direct links to journal articles
located in the Library’s electronic
subscriptions, from Blackboard
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The Library will try to obtain copyright permission
to scan materials from paper and post them online
as PDF files
Best suited for supplemental readings: don’t
plan on replacing your course pack if it
contains a large number of articles or book
chapters that require clearance
How can I use text-based materials?
E-Reserve
Remember: Copyright is an issue
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Our Access Copyright license does not
apply to E-Reserve
We obtain copyright permission for all
of the copyright protected materials we
scan for E-Reserve
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Except: materials in the public domain
and whatever we own in licensed,
online subscriptions
How can I use text-based materials?
A few words about clearing copyright
To clear copyright we need TIME & MONEY
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Communicating with rights holders often takes an
unpredictably long time
Library pays for copyright fees that it can afford
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Rights holders can ask for ANYTHING – frequently
that’s too much
Permissions (almost) always apply for specific,
limited time & user group
It’s important to:
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plan ahead
prepare for the worst
Clearing © on your own
We will clear © only for materials over
which we can retain control and only for
materials that are used in conjunction
with Ryerson courses.
Be careful with your publicly accessible
sites.
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Public i.e. anyone, anywhere in the world
We have a sample letter to help you.
Other resources
Open Access sites
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Internet Archive http://www.archive.org/
MIT Open Courseware
http://ocw.mit.edu/OcwWeb/
Creative Commons http://creativecommons.org/
Useful resources
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Library’s copyright FAQ
A Practical guide on Copyright Clearance for New media
Producers from the Department of Canadian Heritage
Protecting your own work
from breach of copyright
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