04 June 2008

6.0 Limitations on Rights

Limitations on copyright may mean an exception for a non-profit library in which the library may use specific copyright material in a specific way without asking permission or making a payment.

If you have questions about exceptions for libraries, archives, museums, educational institutions or others, please ask here. This may include questions about fair use or fair dealing.



Cheryl said...

A music instructor in a Canadian university requires his students to compile a CD of excerpts from commerical CDs, for an assignment. While it seems ok for the student to do this as part of his/her personal research outside of a course, is it alright for the instructor to make it a course requirement? I am not sure if this is ok under fair use or an educational exception...or not.

Copyrightlaws.com said...

If the students are making the cd's in Canada, then Canadian law applies and you would look at fair dealing and not fair use. Fair use would have to be applied to each excerpt used and whether it was fair in terms of quality and quantity of that excerpt. There is no exact yes or no to your question.

Copyrightfacilitator said...

A question re vhs format:
Our administrator asserts that vhs is now an obsolete format - that it was "announced that as of 31st October 2008" and wants us to start converting our library vhs tapes to dvd as permitted in clause 30.1 (c) re obsolete formats. Where can I get authoritative advice that such action would be premature at this time thus not permitted seven under fair dealing?

Copyrightlaws.com said...

Hi Copyrightfacilitator: Not sure what you mean that it was announced....fair dealing is a matter of interpreting its provisions to your factual situation. So it is possible that two different people would apply the law to the same fact situation and get a different result -- part of the flexibility of fair dealing. It's important that a single organization come together and use the same interpretations (whatever those may be) to manage copyright consistently throughout the organization.

Angela said...

I am the acquisitions clerk in a university library in Canada. I am responsible for ordering DVD materials for our collection as requested by our faculty. Because our faculty usually intend to use the DVDs in the classroom setting (versus home use only), we obtain the necessary permissions from the rights holder of each DVD at the time of ordering (non-theatrical public performance rights).

I had been told by my predecessor that obtaining this permission for DVD recordings of musical works was not necessary because it is not a film or documentary. I have been doing some research and, after reading section 29.5 of the copyright law, it seems to me that the exemption for educational institutions only applies to playing a sound recording of a work and does not apply to a DVD version in which there are also visuals of the performance. From reading the copyright law, it sounds like I must still be obtaining the same permissions for DVD recordings of musical performances as we do for other films. Is this assumption correct? Are there any exemptions for educational institutions that would make it unnecessary for us to obtain these permissions? Thanks!

Copyrightlaws.com said...

Hi Angela, the exemption to which you refer relates to sound recording. The definition of sound recording in the Canadian Copyright Act is: a recording, fixed in any material form, consisting of sounds, whether or not of a performance of a work....you may also want to look up the definition of performer's performance in the Act....you will have to read these definitions within the context of the exemption to pull together the application of the exemption.

Sal's Gal said...

Does the rental of DVDs online in the US require permission from the copyright owner if a legal copy is used as the rental?