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=**Video Copyright**=

[|Video as a medium] [|Video Media] || [|Your material is only your material] || [|Latest happening in Canada] ||
 * ~ Table of Contents ||
 * [|Introduction]
 * [|What is Copyright?]
 * [|Copyright Laws in Canada]
 * [|Using Videos and TV in the classroom] ||
 * [|Frequently Asked Questions] ||
 * [|Summary] ||
 * [|Further Links] ||
 * [|References] ||

**Introduction**  Teaching can be enhanced by the use of images, audio, or video. In the traditional classroom, these sorts of materials could only be introduced into instruction by showing the material in class or making it available for outside viewing by placing it on reserve. With the emergence of methods for digital storage and access to images, audio, and video, additional avenues have opened up for faculty who wish to make materials of various media types available to students  A media involving analog VHS tapes, digital DVDs, computer files containing video in any number of digital formats which are on the internet sites or off site makes video media. Introduction and availability of such a powerful medium of instruction has revolutionized the world of education. Internet is a huge reservoir of information on any topic. An instructor can benefit from the information available. It is possible for her to use the information keeping in mind the copyright issues. [|(Top)]





Copyright is a form of protection provided to the authors of “original works” and includes such things as literary, dramatic, musical, artistic, and certain other intellectual creations, both published and unpublished. Copyright does not protect ideas. It only protects the specific and original expression of the idea.

It is an exclusive right to the creator, which he can sell further to reproduce the copyrighted work or to prepare derivative works or to distribute and sell any copies of the copyrighted work, to perform or display the copyrighted work publicly.

Copyright is Automatic – but still needs to be asserted. The act of creating the work creates the Copyright. There is no requirement to Register for Copyright, although in the US and most other countries it is important to show (assert) that copyright is claimed in a particular work. This is easily done by clearly marking any original work with the symbol © followed by the date from which copyright is claimed and the owner of the copyright.

**What is protected by copyright?**
Copyright law protects a wide range of works, including, for example, books, articles in journals or newspapers, films, videos, plays, scripts, paintings, drawings, maps, technical drawings, sculptures, computer programs, and songs. Copyright law does not protect ideas, news, information, names, or symbols. Names and symbols may, of course, be protected in some ways by trademark law. For further information about each of these categories, see the contact information provided at the end of this publication.

What Isn't Yours Doesn't Become Yours When You Take It from a Web Site
Most pro-public-domain Web sites will argue that the true function of the Internet is to present freely available material to any viewer, who can then use that material for any purpose. Compare this view to that of pay-for-use Web sites, which see this medium as another cash-generating venue. In Canada, copyright arises when original material is captured in a fixed form. Along with paper, audiotape or videotape, canvas, and photographic paper, Web or e-mail pages are fixed forms. Therefore, when original material is uploaded, written in an e-mail, or posted to a Web site, copyright arises. If no statement to the contrary is given, it can be considered a violation of copyright to use material presented on a Web site or contained in e-mail for any purpose other than direct viewing. There is no need for any statement asserting this right. **Copyright infringement** A person who does something with a protected work that only the copyright owner is entitled to do, and does so without the permission of the copyright owner of that work, infringes the copyright of the owner and can be held liable therefore. Either civil or criminal penalties can be imposed for copyright infringement. Criminal penalties can include fines and/or imprisonment and depend on the seriousness of the infringement. While criminal penalties are usually reserved for those engaged in piracy for profit, civil penalties, including an order to pay damages or an injunction to cease infringing, can be imposed for other types of infringement. Monetary damages could be awarded to the copyright owner for loss of income occasioned by the infringement or for other losses. Generally, the person who actually infringes the rights of the copyright owner will be held liable for the infringement. Thus, in the absence of the fair dealing exception or a license, anyone who photocopies a copyrighted book without permission will be held liable for that infringement, whether that person be a student, staff member, or faculty member. Frequently staff (especially in the libraries) copy materials at the request of others (e.g. a faculty member or a student). In that case, both the person who actually infringes copyright (the staff member) and the person who requested the staff member to so infringe (the faculty member or the student) can be held liable for the infringement. York University places warning signs on the copiers located on its premises in order to make it clear that York does not authorize the use of its equipment for purposes of infringing copyright. [|(Top)]

 There is very little mention of multimedia in the current copyright act in Canada, you will find references about cinematography and how copyright laws affect it: [|**11.1**]Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist

( //a// ) for the remainder of the calendar year of the first publication of the cinematographic work or of the compilation, and for a period of fifty years following the end of that calendar year; or

( //b// ) if the cinematographic work or compilation is not published before the expiration of fifty years following the end of the calendar year of its making, for the remainder of that calendar year and for a period of fifty years following the end of that calendar year. 1993, c. 44, s. 60; 1997, c. 24, s. 9.  In the past copyright laws were mostly limited to print material, today the constant and impressive growth that we have seen in media and information technology has created a gap in the copyright legislation and the current multimedia that exists. The current copyright act does not cover the multimedia issues in depth. To address this gap, the Harper government introduced copyright reform last year in the form of bill-61.

It would have been necessary for schools to get permission from copyholders to reproduce the material online. This is problematic in that few authors signed over digital rights to publishers before 1999. However the Bill C-61 was postponed by Parliament in December 2008, which has spurred the discussions, debates and Canadians across the nation speaking out against the proposed bill. This summer the Canadian government held public consultation sessions in the form of town hall meetings across the country, online submissions and comments to discuss proposed legislative changes to the country’s copyright act. Minister Clement expects to table the legislation in the spring of 2010. The consultation featured five key questions: 1. How do Canada’s copyright laws affect you? How existing laws should be modernized? 2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time? 3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada? 4. What sorts of copyright changes do you believe would best foster competition and investment in Canada? 5. What kinds of changes would best position Canada as a leader in the global, digital economy? With the introduction and possibility of these new copyright bills being passed, there are a lot of interesting developments, dialogues and debates surrounding copyright issues in Canada and the potential acceptance of bill C-61.For a sensible perspective on copyright issues, I recommend Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa He provide the required background and facts to assist internet users in understanding the changes that our government is planning attempting to implement. As educators it is important that we are aware of the potential changes that are occurring and how they will affect our ability to teach using multimedia in the future. [|(Top)]   Our concentration is copyright issues with videos. If you would like to learn more about general copyright laws please click here (add the link).


 * You tube**

It is the biggest online video website. Video websites are websites that allow internet users to make, upload, and share their videos with other internet users. Many of the videos found on this website are homemade videos, made by everyday individuals. The videos are streamed, which allows for the quick loading and playing of them. Perhaps, what is best about YouTube is that it is a free service. There are a fairly large number of online video sites; all of these sites operate in different ways. When speaking of usage, there are a many online sites that charge you to become a member and others that charge you to watch certain videos. You can not only watch videos made by others, but you can make your own and have access to a number of different features, without having to pay a thing. Ii is very easy to browse online website. On YouTube is main webpage, searching for videos to watch is easy. No registration is required to browse but its required to upload your own favorite videos, rate them, leave comments, and much more. Also, once you register, you should be able to make your own videos and upload them to the site.
 * You Tube**

Home videos** Home video is a blanket term used for pre-recorded media that is either sold or hired for home entertainment. The term originates from the VHS/Betamax era but has carried over into the current DVD/Blu-ray Disc age. The first company to duplicate and distribute home video was Magnetic Video, established in 1968. The home video business distributes films, telemovies and television series in the form of videos in various formats to the public. These are either bought or rented, then watched privately from the comfort of home by consumers. Most theatrically released films are now released on DVD-Video, replacing the largely obsolete VHS (Video Home System) medium. The VCD format remains popular in Asia, though DVDs are gradually gaining popularity. Prior to the advent of home video in the late 1970s, most feature films were inaccessible after their theatrical runs, only viewable in re-releases and television broadcasts. Home video release usually follows five or six months after the theatrical release, although recently more films have been arriving on video after three or four months. (Christmas and other holiday-related movies are generally not released on home video until the following year when that holiday is celebrated again.) A time period is often allowed to elapse between the end of theatrical release and the DVD/VHS release, as an effort to discourage piracy, or at least minimize the effect of piracy on the profitability of the theatrical release. Many TV programs are now also available in complete seasons on DVD. It has become popular practice for defunct TV shows to be released to DVD one season at a time every few months, and active shows to be released on DVD after the end of each season. Prior to the television DVDs, most television shows were only viewable in syndication, or on limited 'best of' VHS releases of selected episodes. These copyrighted movies and programs generally have legal restrictions on them preventing them from (amongst other things) being shown in public venues, shown to other people for money, or copied for other than fair use purposes (although such ability is limited by some jurisdictionas and media formats: see below). There is great controversy about recent attempts to increase protections for rights owners using technical means such as Macrovision and CSS, and by the enactment of laws such as the DMCA, potentially hindering otherwise-lawful "fair-use" rights. Major United States players in the home video business include Blockbuster Video and Netflix.
 * Videos

The film or a movie encompasses individual motion pictures, the field of film as an art form, and the motion picture industry. Films are produced by recording images from the world with cameras, or by creating images using animation techniques or visual effects. Films are cultural artifacts created by specific cultures, which reflect those cultures, and, in turn, affect them. Film is considered to be an important art form, a source of popular entertainment and a powerful method for educating — or indoctrinating — citizens. The visual elements of cinema give motion pictures a universal power of communication. Some films have become popular worldwide attractions by using dubbing or subtitles that translate the dialogue. Films are made up of a series of individual images called frames. When these images are shown rapidly in succession, a viewer has the illusion that motion is occurring. The viewer cannot see the flickering between frames due to an effect known as persistence of vision, whereby the eye retains a visual image for a fraction of a second after the source has been removed. Viewers perceive motion due to a psychological effect called beta movement.
 * Movies**


 * TV programs**

Most TV programs are re-broadcast and available through various media websites. For example, the Discovery Channel has many of it's programs available for viewing online. These websites have "terms and conditions" which viewers must adhere to. Educational institutions may copy news and news commentary (excluding documentaries) from radio and television broadcasts and keep the copy for educational use on school premises for up to one year from the date the tape is made. All other types of radio and television broadcasts can be copied by educational institutions and kept for up to 30 days to decide whether the copy will be used for educational purposes. If the copy is used for educational purposes, a royalty set by the Copyright Board must be paid. (Canadian Intellectual Property office website) f you do copy videos for use in the classroom, Copyright Canada has set out tariffs based on the length of the video or an annual fee depending on the number of full-time equivalent students in your school. The tariffs are as follows: $1.60 per minute for elemetary/secondary schools $2.00 per minuter for postsecondary institutions The annual fee is $1.73 annually per FTE for elementary/secondary schools and $1.89 per FTE for postsecondary institutions. If you make a recording, you must keep the presecribed records and pay the appropriate fees. Some school boards have an educational library which makes curriculum-relevant video programs available at no charge. [|(Top)]



The following are exerpts pertaining to Videos and Television use in the classroom from Copyright Matters! Some key questions and answers for teachers. 2nd Editon, 2005. Yes. An exception permits the playing of ... television programs at the time they are aired. However, the playing of ... television programs, as well as the performance of works such as a play, are subject to all of the following conditions: • must take place on the premises of an educational institution • must be for educational or training purposes • must not be for profit • must take place before an audience consisting primarily of students the educational institution, instructors acting under its authority,or any person who is directly responsible for setting curriculum • must not involve a "motive of gain" Yes. An exception became law on January 1, 1999, permitting a person acting under the authority of a non-profit educational institution to make a single copy of a news program or a news commentary program and to use the copy on the school premises for educational and training purposes. The copy can be made only at the time the program is aired. The audience must consist primarily of students of the educational institution. Documentaries are specifically excluded from the exception. The following conditions apply: • The copy can be made and shown an unlimited number of times without the permission of the copyright owner or the payment of a royalty, for up to one year from the date the copy is made. • After one year, the copy must be either erased or paid for. • The educational institution is required to provide to the copyright owner or a collective representing the owner, upon request, information relating to the making, erasing, performing, and method of identification of the copy, if the copy is retained for more than 72 hours. Copies that are not erased after one year will be subject to payment and to terms and conditions relating to the use, as established by the copyright collective or copyright owner, whether or not the copies are ever used. These costs can be substantial.
 * Can teachers play ...televisions on school premises?**
 * Can teachers copy news and news commentary programs from the radio or television?**

Yes. An exception became law on January 1, 1999, permitting a person acting under the authority of a non-profit educational institution to make a single copy of all other types of broadcast programs (i.e., those that are not news or news commentary programs). The copy can be made only at the time the program is aired. A teacher may examine the copy for up to 30 days, to determine whether the copy will be used on the premises of an educational institution for educational purposes. If the copy is shown on school premises at any time (including within the 30-day evaluation period) or if it is not erased after 30 days, payment must be made. The educational institution is required to provide information related to the making, erasing, performing, and method of identification of the copy to the copyright owner or a collective representing the owner. A copy may be viewed only by an audience consisting primarily of students of the educational institution and is subject to terms and conditions relating to the use of the copy and to payment, whether or not it is ever used. The Educational Rights Collective of Canada (ERCC) is the collective that collects tariffs for off-air recordings. On October 25, 2002, the Copyright Board of Canada established tariffs for off-air television recording as follows: Transactional: $1.60 per minute for elementary/secondary schools; $2.00 per minute for postsecondary institutions Comprehensive: $1.73 annually per FTE for elementary/secondary schools; $1.89 per FTE for postsecondary institutions Under the transactional tariff, you pay for each recording based on the length of the recording. Under the comprehensive tariff, you pay an annual cost based on the number of full-time equivalent students (FTE) in your institution. If you make a recording, you must keep prescribed records and pay the appropriate fees. The tariffs indicated were set by the Copyright Board for 1999 to 2003. The same tariffs have been extended, effective January 1, 2003, until new tariffs are set by the Copyright Board. No date has been set by the Copyright Board to do this. Your province, territory, or school board may have an educational media centre that makes available, at no charge, curriculum-relevant video programs for school use. Titles obtained from these sources will have been cleared for performance on school premises. In addition, some public libraries are now carrying titles cleared for public performance. School libraries and media centres are always interested in teacher input in building their collections.
 * Can teachers copy other kinds of radio and television programs?**
 * What will copying radio and television programs cost?**

Cable in the Classroom is a programming service providing access, free of charge, to a limited number of television programs for use on school premises. Schools have the right to tape and show programs made available by Cable in the Classroom, without payment of copyright royalties, during the rights clearance period. Cable in the Classroom pre-clears selected television programs for school use and pays the required royalties to the copyright owners. Teacher guides are also available for a number of the program offerings. Their Internet site  gives a monthly schedule of available programming, providing information on where and when the programs will air and the length of time programs can be retained. After the clearance period ends, you must either erase such programs or pay the royalties for their continued use through ERCC.
 * What is Cable in the Classroom?**

A copyright owner has the right to authorize and get paid for the "performance in public" of a work, including a video. A Canadian school, under copyright law, is considered to be a public place. In order for a video to be shown in a school, it is necessary to have the authorization or permission of the owner of the copyright in the video. A video shown in a school must be cleared for public performance. Videos that are acquired from educational sources or are borrowed from educational media centres will normally include the right to perform the work in public (in a school). **Videos that are rented or purchased from most commercial sources such as video stores are licensed for "home use only" — their performance in a lassroom would be an infringement of copyright**, unless the user is licensed with a collective for this purpose. The two collectives for such a purpose are Audio-Ciné Films Inc. and Visual Education Centre (VEC/Criterion). Purchasing a copy of a resource, whether it is a video or a book, does not include ownership of its copyright or provide a licence for public performance. You are limited in how that resource can be used. You can purchase a textbook or a video, which provides you with physical ownership. But ownership of the physical object does not authorize you to do any of those activities restricted by copyright, such as reproducing a book or showing a video on school premises without clearance for public performance. To do so, you would need the permission of the copyright owner or a licence from a collective. The use of a video you purchase at a retail store is restricted to personal viewing in your own home. For example, the video you purchase for $19.95 for home use only could cost your media centre $250 to purchase the difference in cost is directly related to the inclusion of the right to perform it in public (in a school). It is important to know how the videos in your school were acquired. Those obtained from educational suppliers or from your media centre can be shown on school premises because the public performance rights were acquired at the time the videos were purchased. Showing videos purchased from other sources such as a retail store, purchased directly from the United States, or taped from television, either at home or at the school, is more problematic. In many cases, showing them on school premises will likely be an infringement of copyright because the public performance rights have not been obtained. There are two agencies that license the public performance of featurelength videos. They are the Visual Education Centre (VEC/Criterion) and Audio-Ciné Films Inc. Each of these collectives represents different motion picture studios. A copyright owner has the right to authorize and get paid for the "performance in public" of a work, including a video. A Canadian school, under copyright law, is considered to be a public place. In order for a video to be shown in a school, it is necessary to have the authorization or permission of the owner of the copyright in the video. A video shown in a school must be cleared for public performance. Videos that are acquired from educational sources or are borrowed from educational media centres will normally include the right to perform the work in public (in a school). Videos that are rented or purchased from most commercial sources such as video stores are licensed for "home use only" — their performance in a classroom would be an infringement of copyright, unless the user is licensed with a collective for this purpose. The two collectives for such a purpose are Audio-Ciné Films Inc. and Visual Education Centre (VEC/Criterion). [|(Top)]  Copyright is a property right. It is a right that one has in relation to the use of his/her private property. Copyrights are, however, a very special set of property rights. Most often we think of property in terms of tangible objects, such as a house, car, television, or land. The rights one has in relation to these objects are often referred to as **“physical” property** rights; they are rights that one has in relation to their physical property. Copyrights, by contrast, deal with non-physical objects or what is commonly referred to as **“intellectual” property**. These are objects that do not exist in physical form, but of which we can still make ownership claims. The lyrics to a song or the code for a computer program, for example, are not physical property. Nevertheless, we would still say these objects can be owned, just as one would own a house or car. The term “copyright” literally means the “right to copy.” It is a right that the owner (of the intellectual property) has in relation to how that intellectual property may be used. Under Canada’s Constitution, copyright law falls under exclusive **federal jurisdiction** (this is granted under section 91(23) of the //Constitution Act, 1867//). Accordingly, Canada has a single, uniform system of copyright law. It is not the case that copyright law is different from one province/territory to another. All issues of copyright are regulated by a single set of federal laws. Canada has also entered into a number of international agreements that have direct bearing on the regulation of copyright. Two key agreements include the Berne Convention and the Universal Copyright Convention. The former provides for automatic reciprocal copyright protection for member countries. As a member of the Berne Convention, all copyrights recognized in Canada are also recognized in other countries (and //vice versa//). The Universal Copyright Convention is the only major international agreement signed by the United States. It also provides for reciprocal copyright protection for member countries, but only upon compliance with certain formalities. Canada and the United States have also signed their own bilateral reciprocal agreement. [|(Top)]  [|(Top)]
 * Can teachers show a video on school premises without infringing copyright?**
 * Can teachers purchase and then show videos on school premises?**
 * Video about copyright - []
 * FAQ's about copyright - []
 * CTV globemedia website term and conditions [|- http://www.ctvglobemedia.com/en/policiestermsconditions/termsconditions/]
 * Copyright issue on the youtube- []
 * The current Canadian copyright act - []
 * Michael Gist blog -[]
 * Another Site - [|http://speakoutoncopyright.ca],
 * bill C-61.- [],
 * Iideas and issues for educators and librarians across the nation []
 * Public consultation sessions - [|http://www.copyright.consultation.ca]
 * Reference tool for educators on the public performance rights for films and videos - [|www.cvsinc.ca].

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