COPYRIGHT
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CLASSROOM HANDOUTS:
In an educational setting, the majority of printed material will reflect a

desire by faculty members to supply students with "topical information''.
That is to say, information for research and critical analysis. To a large
extent, this information will be used once cr twice and then be discarded

in favour of still more topical information or additional research material.

Generally speaking, this "information type handout!! is limited to a press
run of several hundred and may be contained cn | or 2 pages of 8 1/2'' x
11" = printed both sides.

When such material is used exclusively In the classroom setting, and when
such material is copied from trade journals or even consumer Magazines, the
chances of copyright violation may be relatively slim.

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In this regard the Copyright Act of Canada States:
Section 17: ACTS NOT CONSTITUTING INFRINGEMENT OF COPYRIGHT

Subsection (2) The following acts do not corstitute an infringement of
copyright:
(a) any fair dealing with ayy work for the purposes of
private study, research, criticism, review, or news-
Paper summary;

(d) the publication in a collection, mainly composed of
non-copyright matter, bona fide intended for the use
of schools, and so desc-ibed in the title and in any
advertisements Issued by the publisher, of short
passages from pub! ished literary works not themselves
published for the use of schools in which copyright
subsists, If not more than two of such passages from
works by the same autho- are published by the same
publisher within five years, and the source from
which such Passages are taken is acknowledged;

(fF) the reading or recitation in public by one person of
any reasonable extract trom any published work;

Subsection (3) FURTHER EXCEPTIONS

No church, college or school and no religious, charitable
or fraternal organization shal] be held liable to pay any
compensation to the owner of any musical work or to any
person claiming through him by reason of the public per-
formance of any musical work in furtherance of a religious,
educational or charitable object.

NOTE: POLICY (EFFECTIVE Monday, November 5, 1973)

When the use of the material you want to reproduce does not conform to the
foregoing Sections of the Act, you are advised to consult your Chairman. It

 

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(2)

is expressly understood and agreed that Douglas College shall not be liabIr
for any copyright material used outside the classroom or in contravention of
the foregoing section (17 - subsection 2 (a), (d), (f), and subsection (3).
If such unauthorized use results in any liability to Do.glas College, the
employee (faculty or staff) concerned shall idemnify Douglas College from
any such liability.

ADDITIONAL INFORMATION
Sea emneeme  EAN

Large publishing houses sometimes encourage rather extensive use of tertain
sections of copyright material in an effort to promote greater interest in
the work in question. Presumably, this is done with a view to increasing the
potential sales of the larger work or of subsequent works. Moreover, some
publishing houses welcome the “stamp of credibility” that an educational
institution portrays in the use of certain journals for reference work.

IN ALL CASES, RESPECT FOR THE AUTHOR AND/OR PUBLISHER SHOULD BE SHOWN BY
DIRECT REFERENCES TO THE SOURCE OF THE MATERIAL. IN SOME CASES, THE PRICE
OF THE YEARLY SUBSCRIPTION (IF IT'S A COMMERCIAL PUBLICATION) SHOULD BE
INCLUDED IN THE PRINTED HANDOUT .

If the material is to be incorporated into a larger work and/or if the work
in question ts for sale, unauthorized use of the material could constitute
a flagrant violation of copyright.

Violation of copyright in a work for sale can result in a civil actioh. What-
ever the legal disposition, it can be assumed that common courtesy and a sense
of fair conduct in the use of materials should be encouraged in order to avoid
embarrassment of the College and possible Financial liability to the individual
faculty member tnvolved.

PROCEDURE

(1) This statement is to remain posted over al] copyirg machines in the
College and is to be printed in the Mad Hatter, a$ well as distributed
to all employees of the College and included as an addendum to the hand-
book.

(2) An indemnt ty agreement shall be provided for runs in excess of 200 conti,
and must be signed before the material can be reproduced.

(a) The “indemnity agreement'' may be required for any manuscript at tho

discretion of the Principal or his appointees.
(3) In all cases, the printed handout should advise the students that the
material is for private research only when any copyright material is
included.

MANUSCRIPTS PRINTED AT DOUGLAS COLLEGE AND OFFERED FOR SALE TO ANYONE:

POLICY (EFFECTIVE Monday, November 5, 1973)

 

(i) When Douglas College prints a manuscript ''for sale', the College becomes
the publisher and is responsible for copyright considerations. This i¢
the case in all such circumstances and shall remain the case until the
College declares and identifies its intentions to enter the commercial

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