Copyright Law

Bobrobyn · **Posted:** Mon Dec 19, 2005 2:43 pm

Quote:

Fair Dealing

Research or private study
29. Fair dealing for the purpose of research or private study does not infringe copyright.

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Quote:

Educational Institutions

Reproduction for instruction
29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority

(a) to make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface intended for displaying handwritten material, or

(b) to make a copy of a work to be used to project an image of that copy using an overhead projector or similar device

for the purposes of education or training on the premises of an educational institution.

(2) It is not an infringement of copyright for an educational institution or a person acting under its authority to

(a) reproduce, translate or perform in public on the premises of the educational institution, or

(b) communicate by telecommunication to the public situated on the premises of the educational institution

a work or other subject-matter as required for a test or examination.

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Quote:

Miscellaneous

Permitted acts
32.2 (1) It is not an infringement of copyright

(a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;

--- http://laws.justice.gc.ca/en/C-42/39417.html

Okay, this is basically quoted for this question: is using music in a project for school considered infringement? What about already existing sprites/images?
~Bob

Mazer · **Posted:** Mon Dec 19, 2005 4:14 pm

I'm-not-a-lawyer, but:

I think it is infringment, but nobody *really* cares anyways.
Here's how I'm looking at it:

Making a game for a computer science project?
- RIAA doesn't want you to use Avril Lavigne's latest song in your game (and dammit, neither do I!)
- Square-Enix doesn't want you to use those sprites ripped from Chrono Trigger in your game

However, neither of them really have the time to hunt you down and sue you for it. In fact, for something like this, they'll probably never know (not saying that makes it OK). The fact of the matter is that your teacher is more interested in the program you wrote (showing what you've learned in class), extra polish like graphics and music are just bonuses.

That said, if this is for an art project you definitely shouldn't go to CG Talk and take an image from the front page. Similarly, if the project is music composition, don't go fire up Kazaa for your favourite song.

It's good to keep in mind what you can and can't do legally, but as long as your not trying to make a profit you should be OK prison-wise (unless you get a cease and desist letter and ignore it or something). But make sure that you are doing the work that's being focussed on in the project.

Martin · **Posted:** Mon Dec 19, 2005 7:10 pm

Yeah, I wouldn't worry about it too much. As long as you're not trying to sell it the worst you'd get is a cease and desist letter.

Dan · **Posted:** Mon Dec 19, 2005 10:19 pm

Unforntly the law is not 100% clear on this subject when it comes to digital medias and it verays form contory to contory. But as far as i know no law suits over copy and uses of musik for nonprofit means have be sucessfull in Canada to date.

Also if some one is going to sue you it is more likey that they will give you a warning 1st since a law suite costs money and in the end it will probly cost more to sue you then you have.

If it was me i whould go ahead as long as u do not sell the game, and if any one complains then it is time to stop.

Martin · **Posted:** Mon Dec 19, 2005 10:54 pm

And don't use Metallica music. They seem more than happy to sue their own fans.

Bobrobyn · **Posted:** Tue Dec 20, 2005 12:16 pm

Heh, thanks guys.

~Bob

codemage · **Posted:** Thu Dec 22, 2005 11:52 am

There have been lawsuits over teachers who use copyrighted materials in the classroom (like movies, or songs), but I've never heard of students getting in trouble or not.

The companies won't go after you unless they believe they're losing money because of you, ie, if your product is in some sort of competition with theirs.