The purpose of this Policy is to outline the responsibilities of the Justice Institute of British Columbia (“JIBC” or the “Institute”) and its commitment to comply with Canadian copyright law.
JIBC’s employees, students, and contractors are expected to comply with Canadian copyright law and to honour the intellectual property rights of copyright owners, including creator’s moral rights. The Institute will facilitate compliant use of copyright protected works in an educational setting, and will educate employees, students, and contractors regarding copyright law and policy.
This Policy applies to all Institute employees, students, and contractors who reproduce and use copyright protected works in all media and formats in the course of Institute teaching, learning, research, and administrative activities.
Copyright – Copyright is the legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. In Canada, copyright law is governed by the Copyright Act and is a balance between owner’s rights and user’s rights.
Employees – For the purpose of this policy, employees are defined as faculty (including sessional and seconded personnel) and staff.
Fair Dealing – A user’s right in the Copyright Act that allows copying of short excerpts of copyright protected materials without payment or permission from the copyright owner. There are eight allowable purposes under fair dealing including research, private study, education, criticism, review, parody, satire, or news reporting. (See Policy 3109 Fair Dealing.)
Intellectual Property – The result of intellectual or artistic activity that can be protected by rights such as patent, copyright, and trademark. (See Policy 3107 Intellectual Property.)
Moral Rights – Protects the reputation of an author and includes the right to attribution, integrity, and association. Moral rights cannot be transferred to a third party, although they can be waived.
Works – Published and unpublished creative works such as:
- Literary works including manuscripts, tables, and computer programs;
- Dramatic works including recitation, choreography, mime, play, cinematography with dramatic elements;
- Musical works including a musical composition; and
- Artistic works including paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship and architectural works.
Procedures
The procedures for dealing with alleged violations of this Policy are set out in Procedure 3108-001.
Student Awareness
Students are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC policy does not excuse a student from responsibility for their actions.
Employee Awareness
Employees are required to make themselves aware of all JIBC policies and procedures. Lack of awareness of this or any other JIBC policy does not excuse an employee from responsibility for their actions.
Confidentiality and Documentation
1. JIBC recognizes the confidentiality interests and privacy rights of all parties involved in an investigation under this Policy and must protect personal information in accordance with the Freedom of Information and Protection of Privacy Act, subject to the exceptions thereunder.
2. JIBC may disclose information relating to allegations of a breach of this Policy in certain circumstances, including but not limited to where:
a. necessary to ensure the requirements of procedural fairness are met;
b. the sharing of personal information is necessary for the protection of the health or safety of any individual;
c. the sharing of personal information is required or authorized by law; or
d. the person the information is about has consented to the release of the personal information.
3. All persons involved in an investigation under this Policy are required to keep the allegation and information relating to the investigation confidential, and are not to disclose the allegation or information revealed to them through the investigation to others, except as may be expressly permitted or as required by law. Individuals involved in investigations should be aware that while confidentiality is expected, anonymity cannot be guaranteed.
4. All documentation related to a Decision, President’s Decision or Appeal under this Policy will be kept in the personnel file or the Official Student Record, as appropriate. If the latter, it will be stored in accordance with the Student Records Policy.
No Retaliation
1. It is contrary to this Policy for anyone to retaliate, engage in reprisals or threaten to retaliate against a person for:
a. reporting any alleged violation of this Policy; or
b. having participated or co-operated in an informal process or investigation under this Policy.
2. Anyone who engages in such retaliation will be subject to Disciplinary or Corrective Measures up to and including suspension, expulsion or termination from JIBC.