1.A.50 Printing and Copyright


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School Administration

 

 

 

 

 

 

Administrative Procedure: Printing and Copyright

 

 

EFFECTIVE DATE:

March 9, 2005

 

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ADMINISTRATIVE PROCEDURE CODE:

1.A.50

AMENDED DATE:

 

Policy Reference

 

 

Legal Reference

 

 

 

 

 

The printing and duplicating of documents has become essential to the efficient operation of schools and offices.  The Division provides equipment to fill this need, subject to proper financial budgeting arrangements.

 

Duplicating equipment is available for all schools of the Division.  The Board recognizes that the printed material provided to students shall be of good clear quality.  Teachers are directed to use the most economical means to achieve that purpose.

 

The Division and its staff must respect the right to copy as per legislation and the attached guidelines. 

 

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or the payment of copyright royalties.  To qualify for fair dealing, two tests much be passed.  First, the “dealing” must be for a purpose stated in the Copyright Act research, private study, criticism review, news reporting, education, satire, and parody.  Educational use of a copyright-protected work passes the first test.  The second test is that the dealing must be “fair”.  In landmark decisions in 2004, and in 2012, the Supreme Court of Canada provided guidance as to what this test means in schools and post-secondary educational institutions.  These guidelines apply 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.

 

Additional information on copyright and education is also available on the Department of Education web site at http://www.edu.gov.mb.ca/k12/iru/policies/copyright/index.html

 

 

 

Use of Copyright-Protected Work

 

The following procedures are to be used in ensuring compliance with the requirements of copyright legislation.

 

  1. Teachers, instructors, professors and staff members in non-profit educational institutions 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, satires and parody.
  2. Copying or communicating short excerpts from a copyright-protected work under these Fair Dealing Guidelines for a purpose of news reporting, criticism or review 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:
    1. As a class handout;
    2. As a posting to a learning- or course-management system that is password protected or otherwise restricted to students of a school or post-secondary educational institution;
    3. As a part of a course pack.
  4. A short excerpt means:
    1. Up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work);
    2. One chapter from a book;
    3. A single article from a periodical;
    4. An entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart and plan) from a copyright-protected work containing other artistic works;
    5. An entire newspaper article or page;
    6. An entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
    7. An entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
  5. Copying or communicating multiple short excerpts from the same copyright-protected work with the intention of copying or communicating substantially the entire work is prohibited.
  6. Copying or communicating that exceeds the limits in these Fair Dealing Guidelines may be referred to a supervisor or other person designated by the educational institution for evaluation.  An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
  7. Any fee charged by the educational institution 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.