Copyright  

Copyright literally means the right to copy. In Canada, all original creative works are protected by copyright as soon as they are fixed in some format. This includes print materials, art work, photos, videos, CDROMs, DVDs, computer software, web pages, emails, wikis and blogs. The Copyright Act grants a series of rights to the copyright owner, who is most often the author or creator of the work. If the work is created in the course of employment, the employer holds the copyright.

Only the copyright owner has the right to decide when and how the work is copied. Copyright protection is automatic upon the creation of a work, and applies whether or not a copyright statement appears on the material. The general rule is that copyright expires 50 years after the death of the author. The Copyright Act can be viewed online at http://laws.justice.gc.ca/en/C-42/index.html.

For more information visit:

What Is Intellectual Property?

Intellectual property is the product of intellectual or creative expression. Some examples may include: a book, a painting, a photograph, a drawing, a blueprint, or a new product. The owner of the intellectual property has certain exclusive rights, including the right to exercise control over how the property is used.

Intellectual property consists of five main categories:

1. Copyright
2. Industrial designs
3. Trade-marks
4. Patents
5. Integrated circuit topography

If the intellectual property is created in the course of one's employment, then the employer retains ownership of the property. The creator, however, maintains moral rights. See below for more information on Moral Rights.

For information regarding Intellectual Property and Seneca College, contact Henry Decock (x2594).

Moral Rights

Moral rights are designed to protect the author's integrity and can neither be sold nor assigned but can be waived by the author. The moral rights are as follows:

Right of Association

The author has the following rights:

• The right to have one's name associated with the work
• The right to remain anonymous
• The right to use a pseudonym

Right of Integrity

• The right to prevent the work from being used in such a way as to prejudice the author's reputation.
• The right to ensure the work will not be distorted, modified or mutilated, or used in association with a product or company to the detriment of the author's honour or reputation.

Other Intellectual Property Resources

Copyright protection has a legally defined time period that varies depending on the type of work, who created it, etc. Consult the Copyright Act for details. When the time ends, the protection ends. Works then belong to the public and anyone may use them without permission or the payment of royalties.

To be clear, the copy "in-hand" must have expired protection. There are many instances where works have been republished, thus, the text may be free of protection, but the copy held is still under protection and cannot be copied without permission or payment of royaties.

Seneca College recently ratified the Association of Canadian Community Colleges' Fair Dealing Policy. The policy clarifies the College's stance on Fair Dealing.

Fair dealing is a user’s right in the Copyright Act which permits the use of copyright material without permission or payment of royalties provided the "dealing," or use, is for one of the five enumerated purposes set out in the fair dealing section of the Copyright Act and provided the "dealing" is "fair."

The following must be mentioned to claim fair dealing: source, author, maker, performer, broadcaster, etc.

Joy Muller (x33042)
Copyright Team Manager

Joy Muller manages the Copyright team and ensures that copyright related considerations are given appropriate attention at the College, especially related to teaching and learning activities. In partnership with the Resolution, Equity and Diversity Centre (REDC) Joy developed and maintains the College's Copyright policy. Joy is the new Chair of the Ontario Colleges - Heads of Library and Learning Resources Committee (HLLR). Ontario College Libraries will be working on several initiatives around the new proposed legislation, Bill C-11, the Copyright Modernization
Act.

Carolin Toppan (x77527)
Copyright Technician

The Copyright Technician is the first point of contact for Copyright and Trademark related questions and advice. Carolin obtains permissions to use copyright protected materials in teaching and Seneca College operational activities. Royalties and transactional licensing fee payments are also processed (though not necessarily funded by Seneca Libraries).

Laurie Hoyle (x22145)
Audio Visual Copyright Technician

The Audio Visual Copyright Technician is the first point of contact for film Public Performance Rights (PPR) related questions and advice. Laurie provides support for Seneca faculty, staff and students needing to obtain PPR to show a film at the College. Laurie also supports library staff ordering new film holdings for Seneca Libraries.

James Buczynski (x55197)
Copyright Librarian

The Copyright Librarian provides instructional sessions to Seneca faculty and staff focusing on the role of the Canadian Copyright Act in higher education and best practices in using copyright rightsholder's content in the classroom. He negotiates copyright collective licenses for Seneca Libraries and reviews transactional licenses. James develops and maintains Seneca Libraries' copyright website.

Jennifer Peters-Lise (X22070)
Teaching & Learning Technologies Librarian

The Teaching & Learning Technologies Librarian develops and provides online learning objects to address the copyright learning needs of faculty using educational technology at the College.