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Have you ever read the Sunday comics and said to yourself, "This cartoon would be perfect in my PowerPoint presentation for an upcoming training session or keynote speech?" I certainly have had those thoughts, but I didn't act on them. Why? Because it is not only unethical to do so, it is against the law. Copyright is something that most people do not fully understand.
The intent of copyright is to give the creator of original work the right to benefit from it. Copyright covers: books, songs, articles (in newspapers, magazines and on the Internet), photographs, drawings, audiotapes, cartoons, speeches and any other work that is original and in some permanent form. The Copyright Act says that if you perform, or authorize the performance of, copyright-protected works of any kind in any public setting or if you communicate those works to the public by telecommunications, you need the permission of the copyright owner. It's the law.
What is not copyright-protected?
Information cannot be copyrighted, only the form in which it is presented. For instance, the facts in a newspaper article are not protected by copyright - although the sentences used to create the article are. As long as you present the material in a completely new way - in other words, substantially rewritten (not just a few words changed), you can use the information.
Here are some common myths about (and clarification of) the law:
Myth: "As long as I credit the source in my documentation, I can copy from books I have read."
Reality: You may have heard the term "fair use." It basically means that you can quote the work of someone else without obtaining permission as long as you don't quote too much. How much is too much? This is the vague part of the law. How much are you comfortable with? I have heard ranges from "no more than two sentences" to "a chapter." How much of your work would you want other speakers or trainers to quote in their material? I wouldn't be comfortable with an entire chapter. That would make me feel like my ideas were being stolen. It's better (and safer) to create your own ideas and not put yourself into the gray area of the law. In any case, whenever you quote, you must always attribute the quote to the source to give proper recognition. If you want to use a longer piece of written work, you must get written permission from the owner.
Myth: "I met author "X" at an event where I was speaking and asked him if I could use some of his material in my training presentations. He said he was flattered, and yes, I certainly could do that."
Reality: If you are going to be using someone else's work, you must have written permission from the owner of the work. And something else to remember: the author or creator of the work may not be the owner of the work. Just because the person wrote the book doesn't mean he or she owns the rights to it. You should always double-check.
Myth: "When I use music in my presentations it is the responsibility of the hotel or the A/V company to ensure we're not breaking the copyright laws."
Reality: Most hotels and A/V companies do buy an annual SOCAN (Society of Composers, Authors and Music Publishers of Canada) license for the use of music. This does not cover your use of this music in your presentations. Their license is for the music they play in halls, in the restaurant area or over the telephone. Your presentation requires you to obtain a separate license to use the music.
Myth: "Since cartoons are published in the newspaper, they are public domain."
Reality: Not true. They are owned by the syndicate, association or the creator of the work. It is not legal to use cartoons in your presentations, either in PowerPoint or handouts, unless you have written permission to do so. There are many Web sites from which you can purchase licenses, including www.cartoonstock.com.
Myth: "Music is just in the intro of my keynote presentation. I probably use a maximum of 30 seconds of a song. That should count as fair use."
Reality: Fair use does not apply to music, only to written work. If you want to use any music for your presentations, whether it is background music, intro music or get-them-up-and-dance music, you need to have a license to do so. The following Web sites will give you more information: ASCAP (American Society of Composers, Authors and Publishers - www.ascap.com), BMI (Broadcast Music Incorporated - www.bmi.com), SOCAN (Society of Composers, Authors and Music Publishers of Canada - www.socan.org).
Myth: "There wasn't a © or ™ symbol on the information I used. So it must be public domain and I can use it."
Reality: Just because there isn't a copyright symbol does not mean the information is not protected by the law. Copyright is automatic in Canada (unlike in some other countries, where the author has to apply for copyright.) Once a piece of work has been produced, its owner has copyright. Public domain only applies when the copyright has expired, which is typically 50 years after its author has died. For a photograph, copyright expires 50 years after the negative has been processed.
It is your responsibility to ensure that you are not breaking any copyright laws. Ignorance of the law is not an excuse.
Please note: This article was written to help you understand what you can and cannot do regarding copyright law. It is not intended to provide legal advice. You should do your own investigation before using any copyright-protected material. You can find the Copyright Act on the Internet at http://laws.justice.gc.ca/en/C-42/.
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