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Toronto Catholic District School Board

TCDSB Policy Register

Copyright and Fair Dealing Guidelines  A.15

   

Date Approved:
Policy Review Cycle:
Dates of Amendment:
December 6, 2012 - Board
December 2015
 
 
 
 
 
Cross Reference:
 
Council of Ministers of Education Canada Copyright Consortium: Fair Dealings Guidelines, 2012
 
Attachment(s):
 
Purpose:
 
This policy is required to ensure the Toronto Catholic District School Board’s compliance with the Fair Dealing Guidelines developed by the Council of Ministers of Education Canada (CMEC) Copyright Consortium.
 
Scope and Responsibility:
 
The policy outlines the conditions under which the Toronto Catholic District School Board can reproduce copyrighted resources under the provisions of the Fair Dealing Guidelines and the Copyright Modernization Act. The Director of Education, supported by principals and subject coordinators, is responsible for this policy.
 
Alignment with MYSP:
 
Providing Stewardship of Resources
Fostering Student Achievement and Well-being
Strengthening Public Confidence
 
Financial Impact:
 
There is approximately an annual cost-savings for TCDSB in the amount of $500,000

 
Legal Impact:
 
There may be liability associated with failure to comply with the Fair dealing Guidelines and Copyright Modernization Act.
 
Policy
 
The Toronto Catholic District School Board will comply with the Fair Dealing Guidelines and will communicate the Fair Dealing Guidelines to all school locations on an annual basis to ensure understanding of the obligations of the school board in accordance with the Copyright Modernization Act.
 
Regulations:
 
1.                  TCDSB Teachers, instructors, and staff members may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.
 
2.                  Copying or communicating short excerpts from a copyright-protected work should mention the source and, if given in the source, the name of the author or creator of the work.
 
3.                  A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course as a handout, posting to an educational course management system that is restricted to students of the school, or as part of a course package of materials.
 
4.                  TCDSB staff are prohibited from copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work.
 
5.                  Copying or communicating that exceeds the prescribed limits in the Fair Dealing Guidelines may be referred to a supervisor or other person designated by the TCDSB for evaluation based on all relevant circumstances.
 
6.                  Any fee charged by the TCDSB for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the institution, including overhead costs.
 
 
Definitions:
 
Copyright
The exclusive legal right to reproduce, publish and sell the matter and form of a literary musical or artistic work.
 
Fair Dealing
This provision permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties provided that the purpose is intended for research, private study, criticism, review, news reporting, education, satire, and parody.  Further, these guidelines apply to fair dealing in non-profit K-12 schools and post-secondary educational institutions and provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and the Supreme Court decisions.
 
Short Excerpt
A short excerpt means:
 
(a)                up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work);
(b)               one chapter from a book;
(c)                a single article from a periodical;
(d)               an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works
(e)                an entire newspaper article or page;
(f)                an entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
(g)               an entire entry from an encyclopaedia, annotated bibliography, dictionary or similar reference work.
 
Evaluation and Metrics:
 
The Director of Education, supported by school principals and subject coordinators, shall ensure compliance.