There are a number of ways that educators can make copies of TVO programs for use in the classroom without infringing on the copyrights of the authors and owners; the simplest way permitted under the Copyright Act of Canada, is for the educator to tape the program when it airs, and use the copy under the specific exceptions set forth in the Copyright Act. For convenience, the general nature of these conditions is outlined below.
PERMITTED TAPING OFF-AIR
Under the Fair Dealing exceptions of the Copyright Act, programs may be taped off-air by educators for educational use. For more detailed information, please consult the Copyright Act, your local school board or legal counsel.
In brief, there are two ways in which programs may be taped off-air and used by educators in the classrooms.
First, news or news commentary programs (excluding documentaries) may be recorded at the time that they air, and used in the classroom for up to one year. For any use after the one year period, royalties must be paid.
Second, all other types of programs, including documentary programs, may also be recorded at the time that they air, and used in the classroom. However, this may only be done upon payment of a royalty. Once recorded off-air, the educator has 30 days to consider whether or not to use the copy in the classroom for which there is no royalty due. If the educator decides to use the recorded copy in the classroom, royalties must be paid, and notice of such use given.
When royalties are to be paid and notice given, they are to be paid and given to the copyright owner or, typically, the Educational Rights Collective of Canada (ERCC). Please check with your individual school board as to the royalty arrangements and how to report your use of television material within your board before you record any materials off-air.
The Educational Rights Collective of Canada (ERCC) is a non-profit collective established in 1998 to represent the interests of copyright owners of television and radio programs (news, news commentary programs and all other programs), when these programs are reproduced and performed in public by educational institutions for educational or training purposes.
For more information regarding the ability of an educator to use copies of programs made off-air, and to download a booklet entitled "Copyright Matters", a guidebook for educators.
You may also wish to contact ERCC at info@ercc.ca
For more information on programs that may be available for purchase from TVOntario Sales and Licensing, or its distributors, please search our Sales catalogue at www.tvontario.org/sales.
Disclaimer: The information provided here is not legal advice, is provided for information purposes only and is provided on an ‘as is’ basis. TVOntario makes no representation or warranty as to completeness, accuracy or currentness of the information, and is in no way liable for any damages ensuing from anyone using or relying upon this information. Anyone wishing to tape programs off-air should independently verify this information, including consulting a lawyer.
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