Except where otherwise noted, this website is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
The information obtained from or through this website is provided as guidelines for using works for educational purposes and is not intended to constitute legal advice.
Section 29.21 of the Copyright Act contains a users' right permitting anyone, not just students or instructors, to use copyrighted protected works to create new works. This is referred to as "non-commercial user-generated content" which is commonly known as mashups. The following conditions must be met in creating a mashup:
♦ it may only be used for non-commercial purposes
♦ the original source must be mentioned, if it is reasonable to do so
♦ the original work used to generate the content must have been acquired legally
♦ the resulting mashup does not have a "substantial adverse effect" on the market for the original work.
The mash-up provision permits user-generated content to be disseminated on sites such as YouTube. This right is not available if the user circumvents a Technical Protection Measure or Digital Lock to access material for the mashup.
Using Copyrighted Film & Video FAQs
1. Is it legal to download videos online?
2. Where can I find copyright-free videos?
3. May I change the format of a copyrighted film (e.g., digitize a VHS tape)?
4. May I show streaming video in the classroom?
5. May I show DVDs or videos in the classroom?
Using Copyrighted TV & Radio Programs FAQs
6. May I play a live television or radio broadcast in class?
7. May I copy a news program and use it in class?
8. May I copy a documentary or other TV programs for use in class?
1. Is it legal to download videos online?
It depends. Downloading films and videos, without the permission of the rightsholder, is illegal in Canada, unless the copying falls under Fair Dealing.
Sources like YouTube allow videos to be streamed in class for educational purposes, but not downloaded, uploaded into another website (or D2L) or altered in anyway.
2. Where can I find copyright-free videos?
An alternative to using copyright protected video content is to use videos with creative commons license or films in the public domain. To learn more, visit the Open Resources Guide.
3. May I change the format of a copyrighted film (e.g., digitize a VHS tape)?
No. Changing the format of a film, without the explicit permission of the rightsholder, is illegal in Canada. This applies even if you or the College owns a legal copy of the title.
4. May I show streaming video in the classroom?
It depends. You can show a streaming video in class that is freely available online (e.g., on YouTube or Vimeo) as long as:
It's recommended that you do not use videos from NetFlix or iTunes in class. The terms of use of these services indicate use is for "household" or "personal" use.
Camosun currently licenses nine streaming video collections, which can be shown in any classroom at the College without seeking copyright permission and without reporting this use. Ask library staff for more information. The National Film Board of Canada is one example of a streaming video collection.
5. May I show DVDs or videos in the classroom?
Yes, videos and DVDs can be shown in the classroom as long as you are using a legal copy. The library has an extensive collection of DVDs and Videos which can be used in a classroom setting. You can also show a DVD from your personal collection, or ones borrowed from another library or rented from a commercial enterprise as long as you are confident the copy is a legal one.
6. May I play a live television or radio broadcast in class?
Section 29.5(b) and (c) permits instructors to play sound recordings, radios and televisions in the classroom of an educational premises, if its for educational purposes and the audience is primarily students and there is no "motive of gain'.
7. May I copy a news program and use it in class?
Section 29.6 of the Copyright Act permits an instructor to make a single copy of a news or news commentary program (EXCLUDES documentaries) and to show the program in a classroom to an audience primarily of students.
The copy may be made at the time the program is aired by the broadcaster or communicated over the internet.
A news program is defined as a program reporting on local, regional, national, and international events as they happen, and includes weather reports, sportscasts, community news, and other related features or segments contained within the news program. Examples are: The National or BBC World Report.
A news commentary program is a program containing discussions, explanations, analysis, observations and interpretations of the news. Will include a "talking head", minimal editing, interview or panel discussions with unscripted responses. Examples are As it Happens, Anderson Cooper 360.
8. May I copy a documentary or other TV programs for use in class?
Copying a documentary or other types programs (sitcoms, soap operas, cartoons, children's programming & reality TV) for off-air viewing is more complicated and will likely require the payment of royalties. Check with the Media Librarian for more information.
Under Fair Dealing exemptions you can reproduce up to 10% of a documentary and show it in class for educational purposes.
Camosun College has also purchased entertainment licenses for the showing of videos that may not fall under the Fair Dealing Guidelines. For more information contact the Copyright Office.
Summary
The Copyright Act allows you to play a sound recording or live radio broadcasts in class as long as it is for educational or training purposes, not for profit, on Camosun College premises and before an audience consisting primarily of students, faculty or any person who is directly responsible for setting a curriculum for Camosun College. However, if you want to use music for non-educational purposes, for example, for background music at a conference or in an athletic facility, a licence must be obtained from the copyright collective SOCAN.
Camosun College is required to pay SOCAN tariffs when it rents out its facilities (e.g. rooms, gardens, halls, etc.) for events that play music. If recorded music is played at these events, the organizations are also required to pay Re:Sound tariffs. The cost of such SOCAN and/or Re:Sound fees can be passed onto the renter of the premises. This document provides some general information about SOCAN and Re:Sound fees and potential applicability of these fees to Camosun facilities.
In 2019, SOCAN and Re:Sound launched their joint license venture Entandem to simplify the licensing process. Therefore, instead of getting 2 separate tariffs from SOCAN and Re:Sound, users just need to contact Entandem to get the license.
Examples
SOCAN (Society of Composers, Authors and Music Publishers of Canada) requires users of music to obtain a SOCAN licence to perform, or authorize others to perform, copyright music in public. Depending on the category a music user falls under, if at all, license fee may be payable on a per-event or annual basis. SOCAN currently monitors and imposes 49 different Tariffs, which have been approved by the Copyright Board of Canada.
Re:Sound (Re:Sound Music Licensing Company, formerly known as the Neighbouring Rights Collective of Canada) is a Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. While SOCAN collects fees on behalf of composers, authors and music publishers, Re:Sound collects fees on behalf of the rights owners of the sound recordings.
Here are the examples of SOCAN and Re:Sound tariff.
SOCAN and Re:Sound post their tariff on the websites for the users. However, Entandem has not posted any tariff information on the Internet. Users must have Entandem account in order to get estimate price of their license. Please contact Entandem for the most current price.
| Room Capacity (Seating and Standing) |
Without Dancing | With Dancing |
| 1-100 | $22.06 | $44.13 |
| 101-300 | $31.72 | $63.49 |
| 301-500 | $66.19 | $132.39 |
| >500 | $93.78 | $187.55 |
|
Room Capacity |
Without Dancing | With Dancing |
| 1-100 | $9.25 | $18.51 |
| 101-300 | $13.30 | $26.63 |
| 301-500 | $27.76 | $55.52 |
| >500 | $39.33 | $78.66 |
| Total Attendance for the year | Fee per day |
| Up to 25,000 | $13.75 |
| 25,001 to 50,000 | $27.66 |
| 50,001 to 75,000 | $69.00 |
| Average Daily Attendance | Fee payable per day |
| Up to 5,000 | $8 |
| 5,001 to 10,000 | $18 |
| 10,001 to 20,000 | $36 |
| 20,001 to 30,000 | $60 |
| 30,001 to 50,000 | $96 |
| 50,001 to 75,000 | $150 |
| 75,001 to 100,000 | $210 |
| 100,001 to 150,000 | $300 |
| 150,001 to 200,000 | $420 |
| >200,000 | $600 |
Possible Exemptions
Educational institutions are not generally exempt from the tariffs imposed by SOCAN or Re:Sound. There are some limited exceptions that may apply to educational institutions, as described below.
The following performances (provided that they are not based on, or use, an infringing copy of the work) are allowed by educational institutions and persons acting under the authority of an educational institution, if performed on Camosun College premises for educational or training purposes and not for profit, before an audience consisting primarily of students, faculty or any person who is directly responsible for setting a curriculum for Camosun College:
Also, pursuant to Section 69(2) of the current Copyright Act, if you have radio playing from a traditional radio receiving set, in any place other than a theatre for which admission is paid, you do not need to pay an additional tariff (as the radio station has paid SOCAN under SOCAN Tariff 1A or 1B and has paid Re:Sound under Re:Sound Tariff No. 1.A):
“Radio performances in places other than theatres
69(2) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.”
The exception under Section 69(2) is limited to traditional radio sets, and does not extend to internet radio. Therefore, if Camosun College hosts an event that is subject to a SOCAN and/or Re:Sound tariff(s) at which it plays internet radio, the SOCAN and/or Re:Sound fees would still apply.
There may also be exceptions for playing music at some types of charitable or religious events but specific conditions need to be met. These exemptions are set out in Section 32.2 and 32.3 of the current Copyright Act, which states:
“32.2 …
(3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object:
(a) the live performance in public of a musical work;
(b) the performance in public of a sound recording embodying a musical work or a performer’s performance of a musical work; or
(c) the performance in public of a communication signal carrying
(i) the live performance in public of a musical work, or
(ii) a sound recording embodying a musical work or a performer’s performance of a musical work.
INTERPRETATION
32.3 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19.”
Specifically, Section 19 of the current Copyright Act discusses right to equitable remuneration for sound recording performed in or communicated to the public by way of royalties or license fees paid (e.g. those administered by SOCAN or Re:Sound).
Therefore, playing music at a charitable event can be exempt from SOCAN or Re:Sound tariffs if the organization performing the music is a charitable organization and the performance furthers a charitable object. However, the performance of a musical work at a benefit where all profits go to charity does not necessarily constitute a performance in furtherance of a charitable object. There must be a closer link between the performance and the charitable object of the organization – they must be directly connected, or the performance must be incidental to the object. Some examples are performing music as part of a church service, an educational meeting with musical interpolations, and accompanying music of an orchestra at a Christmas dinner given to the poor.
Further Helps
If you have further information or questions relating to Entandem, SOCAN and/or Re:Sound, please contact Camosun College Copyright Advisor (Young Joo, jooy@camosun.ca)