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A guide to copying and digitization at Brandon University

Copyright and Brandon University

Where Brandon University Stands Currently

 

As of July 1, 2012 Brandon University entered into an agreement with Access Copyright based upon the Model Licence negotiated by the Association of Universities and Colleges of Canada (AUCC) and Access Copyright. The agreement is retroactive to January 1, 2011 and will remain in effect until December 31, 2015.. A quick guide to what is allowed under this license can be found at this link.

The Supreme Court of Canada in July 2012, issued a set of landmark decisions on copyright law including a decision that explicitly recognized that teachers “are there to facilitate the students’ research and private study”, that teachers cannot “be characterized as having the completely separate purpose of ‘instruction’”, and that the teachers’ purpose in providing copies to students is “to enable the students to have the material they need for the purpose of studying.” The Supreme Court of Canada characterized teachers as sharing a “symbiotic purpose with the student/user who is engaging in research or private study.” On this basis, the fair dealing exception allows teachers to copy from protected works, for distribution to students as part of classroom instruction, without a prior request from a student. This obviously extends what is permissable for teachers under fair dealing.

The Copyright Modernisation Act (C-11) now includes education as a fair dealing exception.

Thanks to provisions in the Copyright Modernisation Act (C-11), the public performance of cinematographic works (videos/DVDs) for educational purposes does not constitute a copyright infringement. This exception is clearly defined, and must respect all of the following conditions.

  •  Performances must occur within a structured educational context, for clearly identifiable educational and/or training purposes related to the core, required curriculum being taught.
  • Performances must be by instructors acting under the authority of the educational institution or a person who is directly responsible for setting a curriculum for the educational institution.
  • Performances must occur for students enrolled in the educational institution.
  • Performances must occur for non-profit reasons – this includes “charity” fundraisers.
  • The video/DVD used must be a legally obtained copy. 

Remember, all students, faculty and staff are exepcted to respect creator's and performer's copyrights. Just because something is available on the internet does not mean that it's free to take and to do with it as you please.