Copyright/Fair Dealing

This policy states that Iron Triangle Project Management Inc.’s (ITPM) commitment to the ‘Fair Dealing’ provision in the Copyright Act and the Copyright Modernization Act in force as of November 2012, sections 29, 29.1 and 29.2, which permits limited use of a copyright-protected work without the permission from the copyright owner or the payment of copyright royalties under certain circumstances.

It is the responsibility of ITPM employees, students, subcontractors and users to follow the law and regulations pertaining to Fair Dealing limitations and the Copyright Act and ensure materials used for educational purposes fall within ‘Fair Dealing’ guidelines.

“Fair Dealing” is not defined in the Act. The concept has evolved through case law at the Supreme Court level through cases such as CCH Canadian v. Law Society of Upper Canada in 2004, and Alberta (Minister of Education) v. Canadian Copyright Licensing Agency (Access Copyright), and Society of Composers, Authors and Music Publishers of Canada v. Bell Canada in 2012. This case law set out an analysis for assessing whether a particular copying activity or other dealing falls within the ambit of fair dealing.

In ITPM courses, students with a paid PMI membership, who have a downloaded digital copyright material from PMI, and/or for whom the course has provided a purchased copy, reproducing any or all material from this source for educational purposes, are considered to have paid royalties for the use of PMI copyright in any course material.

ITPM Inc. clearly notes that “PMP," "PMBOK," "CAPM," "PM Network," "PMI-RMP," "PMI," "PMI-ACP," and "PMI Agile Certified Practitioner (PMI-ACP)" are trademarks of the Project Management Institute, Inc.


Procedures

1. ITPM employees, students, subcontractors and users may communicate and reproduce, in paper or electronic form (locked or unlocked), short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody. In some limited circumstances, such as with a photograph or drawing, an entire work may be copied. Copyright-protected work under these usages must mention the source.


2. A single copy of a binder or course pack containing short excerpts from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:

a. As a class handout.

b. As a posting to a learning or course management system that is password-protected or otherwise restricted to ITPM students.

c. As part of a course pack.


3. A short excerpt means:

a. Up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work).

b. One full chapter from a book.

c. A single article from a periodical.

d. An entire artistic work (including purchased material, a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works.

e. An entire newspaper article or page.

f. An entire single poem or musical score from a copyright-protected work containing other poems or musical scores.

g. An entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.

h. Any fee charged by ITPM for communicating or copying a short excerpt from a copyright-protected work must be intended only to cover ITPM’s costs, including overhead costs.


Information from ITPM has been posted with the intent that it be readily available for personal or public non-commercial use by students and may be reproduced, as per Canadian copyright law for purposes of research, private study, criticism, review, news reporting, education, satire and parody, in part or in whole, and by any means, without charge or further permission, unless otherwise specified.


Users reproducing any ITPM materials are required for non-commercial reproduction to:


Exercise due diligence in ensuring the accuracy of the materials reproduced;Indicate both the complete title of the materials reproduced, as well as ITPM as the authoring organization;
And indicate that the reproduction is a copy of an official ITPM work.
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