Proper Use of Copyrighted Work in Education
Guide for the proper use of copyrighted work in education:
The ADESAM (Association des Écoles Supérieures d’Art de Montréal), of which Musitechnic is a member, is creating a guide explaining the proper use of Copyrighted material as part of Canada’s art school activities. In the meantime, here is a condensed guide to clarify the use of protected works in the context of school projects that are being used for your personal portfolio.
The Canadian copyright law permits the use of copyrighted works as part of your school activities such as homework, exercises and in the laboratories. It is even possible to include protected works in a study project.
Permission of USAGE does not equal the right to RELEASE or DISTRIBUTE.
The videos and audio used in our courses come from either internal creations from our school, schools we are partners with, companies (ie: WB Games Mtl) where we have licenses with a written agreement, Cambridge-mt or files accessible under a “creative commons” license.
The information about the rights holders must always follow the work (author, composer, artist, production company, distributor etc.)
It is also tolerated (depending of the rights holder) to use excerpts of a protected work in your portfolio (always quoting sources and credits) but there is a gray area regarding the fact that a portfolio is considered as commercial use (you are selling services). The author may ask you to stop the dissemination of their work and you would be obliged to comply with their request.
You have the right to broadcast the NAD videos, WB Games Mtl (Batman) and Barrels RED (Outlast) without any problems as we have their written permission. You should always indicate the original credits with your version of the work and name your files to clearly show that it is a work of study or a demonstration of your skills and not of the original.
However, you can submit a portfolio, including protected works, without permission of the authors during a private presentation or in a web link when there is a password for private presentations as long as there is no possibility of it being downloaded (always include the credits and sources).
A « Creative Common » license can permit the modification and distribution of a work but it is difficult to confirm online if the person who uploaded the work is the real owner! It is recommended to contact the author and try to confirm the origin of the work. In addition, the author can change the license of use and even revoke it.
It is not permitted to broadcast protected work partially or in its entirety without an agreement with the rights holder (written agreement or Creative Common License). The author has the right to change the status of the license.
Keep in mind that laws are territorial and therefore vary from country to country. Canadian laws are of a “copyright” type meaning the right to copy differs from that of French law (called Droit d’auteur – Author’s Right) where the importance of moral rights is predominant.
To complicate matters, the Berne Convention of which Canada is signatory, stipulates that a work from a signatory country has the same rights in another signatory country.
In short: Get written permission for public release and you will avoid all problems … or only make private presentations.