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Lloydminister Public School Division

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5017 46 Street
Lloydminster, Alberta T9V 1R4

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Administrative Procedures

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Administrative Procedure 190

Copyright

Background

The Lloydminster Public School Division recognizes the rights of creators and undertakes to ensure staff members are aware of these rights as required by the Copyright Act of Canada.  The Lloydminster Public School Division will not accept responsibility for a staff member who willfully and knowingly contravenes the Copyright Act.

Procedures

  1. Works covered by copyright may only be reproduced for Lloydminster Public School
    Division Office, class, or school use with oral or written permission from the copyright owner
    or if they are covered by the Fair Dealing Guidelines for School document or copyright
    contracts entered into by the Lloydminster Public School Division.
  2. Print Resources - Personnel in the Lloydminster Public School Division have the right to use
    selected copyrighted material under the following conditions:
    1. Education is now an acceptable purport in the Copyright Act;
    2. The amount of the dealing/copyright has to be restricted to a short excerpt of up to
      10 percent, or one chapter, a single article from a periodical, an entire newspaper
      article, poem, artistic work, musical score, or entry from a reference work;
    3. A non-copyright equivalent of the work is not available;
    4. For more information, refer to the Council of Ministers of Education, Canada
      booklet titled Copyright matters: Some Key Questions & Answers for Teachers, 3rd
      edition or Fair Dealing Guidelines for School.;
    5. Written permission is obtained from the copyright holder.;
    6. The user meets the provisions of fair dealing as outlined in the Fair Dealing
      Guideline for School document;
    7. Permission is granted by licensing agreements entered into by the Lloydminster
      Public School Division on behalf of teachers with collective agencies such as
      Society of Composers, Authors and Music Publishers of Canada (SOCAN);
    8. If verbal permission to photocopy copyrighted material is granted, please indicate
      grantor, time, and date on your copy of the letter of request.  If verbal permission is
      granted, materials may be used immediately or before the form is returned; and
    9. If a fee to reproduce materials is required, please confirm arrangements with the
      Principal before proceeding with duplication.
  3. Video Resources
    1. Showings to meet an educational purpose - An audiovisual work may
      be shown in the classroom to further an educational objective as long as it is legally
      obtained.  The program may be purchased or rented from a retail store, a copy
      borrowed, or a YouTube video.   Programs obtained from personal online
      streaming services, (such as NetFlix), are governed by the terms of the
      agreement, which usually limit viewing to personal use only. Under these conditions, classroom use is not permitted.
    2. Transfer of Format - It is an infringement of copyright to transfer the contents of one
      media format to another, if the required format is available for purchase and/or
      without the written consent, of the copyright holder.  
  4. Electronic Resources
    1. Electronic resources such as computer software, online
      programs, electronic bulletin boards, freeware, shareware, and computer programs 
      stored on any media may only be used according to conditions specified on the site
      or jurisdictional license.  The Lloydminster Public School Division will make every
      effort to purchase multiple copies of electronic resources or to purchase site or
      jurisdictional licenses for electronic resources.
    2. One (1) back-up copy, adaptation, or translation of a computer program is permitted
      by law and does not require special permission from the copyright owner.  Schools
      (school libraries) may only lend the original program, not the back-up copy.
    3. Where a work has been placed on the Internet with the message that it can be freely
      copied, there is an actual license to copy the work. Sometimes, the terms of the 
      license are subject to conditions.
  5. Music Resources
    1. Music may be performed in schools without payment or the consent of the copyright
      owner when it advances an educational objective.  However, music used for
      entertainment purposes requires a license from the Society of Composers, Authors
      and Music Publishers of Canada.
  6. Internet Materials
    1. Material available through the Internet may be saved, downloaded, and shared
      publicly for educational purposes.  ‘Publicly available’ materials are those
      posted online without any technological protection measures and without a clearly
      visible notice prohibiting educational use.  Routine classroom uses may be made of
      publicly available internet materials such as incorporating online text or images into
      assignments, or preforming music or plays online for peers.  Students and teachers
      are required to cite the source of the Internet materials used.  Reposting
      these materials should only occur on a restricted access website.
  7. Public Domain Resources
    1. Staff members may reproduce works that are in the Public Domain.  If a work is in
      the public domain, it means that reproduction is allowed without requesting
      permission.  Fifty (50) years after the death of a creator, a work becomes part of the
      public domain, except when rights are passed to others.
  8. Ownership of Copyright
    1. The Lloydminster Public School Division owns copyright in any works produced by
      a staff member in the course of their employment. 
      1. The Director of Education or designate may grant others the right to reproduce work copyrighted by the Lloydminster Public School Division under such terms as may be appropriate.  The reproduction must include the copyright and give acknowledgment to the authors.
      2. The Director of Education or designate may enter into an agreement with others to produce, in part or in whole, a work for the Lloydminster Public School Division.  This agreement shall specifically address copyright of the work produced.
      3. The Lloydminster Public School Division may market Lloydminster Public School Division material at a cost that shall cover printing, mailing and royalty.
      4. The Lloydminster Public School Division may enter into an agreement with a private publisher to publish Lloydminster Public School Division material for sale and distribution.
      5. If the Lloydminster Public School Division markets a resource profitably, it may choose to compensate the creative staff member.
    2. Students own the copyright on anything that they create and
      parent/caregiver permission to reproduce their work should be obtained if the student
      is under sixteen (16) years of age.  Student permission is required if the student is  
      sixteen (16) years of age or over.  Permission is not required to display student work
      within the school.
      1. Each school will request and file permissions from parents/caregivers at the beginning of each school year to record and/or tape their child(ren) for possible performance.
      2. Parent/caregiver approval shall be obtained to display any student work outside the school at such sites as teachers’ conventions, conferences, public libraries, Lloydminster Public School Division office, or shopping centers.
      3. The copyright in photographs taken by students for school publications with equipment and supplies provided by the school is usually the property of the school.
  9. Adherence to Copyright Law
    1. Staff members will not be required by their supervisors to perform any service that is
      a violation of the copyright Administrative Procedure.
    2. Copyright information shall be offered to all staff members, to ensure they are made
      aware of Copyright Law, the Fair Dealings guidelines, and Administrative
      Procedure.
    3. The Director of Education may appoint a committee to review copyright
      procedures periodically and will continue to provide updated information to all
      schools.  This Administrative Procedure will be reviewed as necessary and
      rewritten when amendments to the current Copyright Act are passed.
  10. Sample Copyright Information Labels
    1. Photocopiers:  Staff members and students shall not photocopy copyrighted
      materials without permission from the copyright owner.
    2. Computers:  Staff members and students shall not copy computer software without
      written permission from the copyright owner.
    3. No off air copying of television programs or videos
      without public performance rights may be used without written permission from
      the copyright owner.

Definitions

Copyright - means the legal protection of a creator’s original work.  Copyright law does not
                 protect ideas, only the form in which they are expressed.

Copyright Infringement - means publishing, adapting, exhibiting, translating, editing,     
                                     performing in public, communicating by telecommunication, copying,     
                                     or converting to another medium without permission of the creator.

Works Covered by Copyright - mean all original literary, dramatic, musical, and artistic
                                            works.  Examples include:  books, writings, encyclopedias,
                                            photographs, films, dictionaries, statistical data, newspapers,
                                            reviews, magazines, translations, tables, compilations,
                                            examination questions, speeches set down in writing, any
                                            piece that can be recited, choreographs, harmony, melody,
                                            lyrics, paintings, drawings, sculptures, works of artistic
                                            craftsmanship, engravings, architectural works of art, maps,
                                            plans, charts, records, cassettes, tapes, sound recordings,
                                            television programs and electronic resources such as computer
                                            software, online programs, laser disks, and
                                            computer programs stored on any media.

Dubbed Off-Air - means making a copy of any television program during broadcast.

Reference
Section 85, 87 The Education Act, 1995
Section 38 The School Division Administration Regulations
Copyright Act
Copyright Regulations

Created
April 14, 2009

Revised
June 2009
November 2013
December 2014
December 2017
August 2023