What is fair dealing?
Fair dealing is an exception in the Copyright Act to copyright infringement intended to provide a balance between the rights of creators and the rights of users. There are no absolute rules as to what constitutes fair dealing in Canadian law, but you can consult one of the following to learn more:
What is a course pack?
A course pack is any collection of articles, book chapters or material that is distributed in any way to students. There does not have to be a charge to the students for a course pack to be a course pack.
What material can I include in course packs?
You can include material in course packs if they meet one of the five following conditions:
(a) you hold the copyright
(b) you have received permission to copy from the copyright holder (if this an article to which the university already has access, then permission may already exist, please check with the library)
(c) copyright protection has expired or never did apply (i.e., items in the public domain)
(d) the material is open access material (it was published in open access publications, works placed in Institutional Repositories or other repositiories such as www.cnx.org and works under Creative Commons licenses)
(e) the material is part of the Access Copyright repertoire and no more than 20 percent of a book is included in the coursepack (see next FAQ)
How much of a book (or Access Copyright repertoire work) can be included in a course pack under the Access Copyright license?
Up to 20% of a book or a copy of a repertoire work that is:
• an entire article, short story, play, essay or poem, or reproduction of an artistic work from a volume containing other published works.
• an entire article or page from a newspaper or periodical.
• an entire entry from an encyclopedia or similar reference work or an entire reproduction of an artistic work from a publication.
• one chapter of a book, provided the chapter is no more than 20% of that book
How do I get permission from copyright holders?
Permission from the copyright holder will typically three steps: identification of the copyright holder, finding an address for the copyright holder and asking the copyright holder for permission. If the copyright holder is a large publisher, then they will likley have an office for copyright clearance, but they will probably ask for financial compensation. If the copyright holder is an individual or an educational institution, they may be harder to find, but they may be more inclined to grant permission without asking for additional financial compensation.
How do I make electronic resources available for students?
Linking to the electronic resources is the easiest way. If you want to scan any copyrighted material, then you have to meet one of the four following conditions:
(a) you hold the copyright
(b) you have received permission to scan from the copyright holder (if this an article to which the university already has access, then permission may already exist, please check with the library)
(c) copyright protection has expired or never did apply (i.e., items in the public domain)
(d) the material is open access material (it was published in open access publications, works placed in Institutional Repositories or other repositiories such as www.cnx.org and works under Creative Commons licenses)
(e) the material is part of the Access Copyright repertoire and no more than 20 percent of a book is scanned
Can I put required readings on reserve at the library?
Required readings that are photocopies can only be put on reserve at the library if they meet one of the four following conditions:
(a) you hold the copyright
(b) you have received permission to copy from the copyright holder (if this an article to which the university already has access, then permission may already exist, please check with the library)
(c) copyright protection has expired or never did apply (i.e., items in the public domain)
(d) the material is open access material (it was published in open access publications, works placed in Institutional Repositories or other repositiories such as www.cnx.org and works under Creative Commons licenses)
(e) the material is part of the Access Copyright repertoire and no more than 20 percent of a book is copied
You can always place books on reserve at the library.
Can I copy readings and distribute them to my students?
The Supreme Court of Canada has determined that such actions are consistent with fair dealing. Please follow the limits set out in the University policy on fair dealing.
Can I scan readings and email them to my students?
You can scan material if you meet one of the four following condtions:
(a) you hold the copyright
(b) you have received permission to scan from the copyright holder (if this an article to which the university already has access, then permission may already exist, please check with the library)
(c) copyright protection has expired or never did apply (i.e., items in the public domain)
(d) the material is open access material (it was published in open access publications, works placed in Institutional Repositories or other repositiories such as www.cnx.org and works under Creative Commons licenses)
(e) the material is part of the Access Copyright repertoire and no more than 10 percent of a book is scanned
When does copyright expire?
Under current Canadian law, a published, printed work is protected under copyright for the life of the author plus fifty years after the author's death. A published work under crown copyright is under copyright for fifty years. A published, printed work without an identifiable author is under copyright for fifty years from publication. If a book goes out of print, the rights of its copyright holders are not affected.
Can I scan readings and upload them to Moodle?
You can scan material if you meet one of the four following condtions:
(a) you hold the copyright
(b) you have received permission to scan from the copyright holder (if this an article to which the university already has access, then permission may already exist, please check with the library)
(c) copyright protection has expired or never did apply (i.e., items in the public domain)
(d) the material is open access material (it was published in open access publications, works placed in Institutional Repositories or other repositiories such as www.cnx.org and works under Creative Commons licenses)
(e) the material is part of the Access Copyright repertoire and no more than 20 percent of a book is scanned
Can I use a copyrighted image from the web in my lecture's Powerpoint?
Under section 20.4(1)(b) of the Copyright Act - Exceptions for Education Institutions - an image from the web can be used as part of a Powerpoint lecture so long full attribution and the web address is given. However, the Powerpoint can not then be uploaded to Moodle or otherwise made available to students without permission from the copyright holder.
Can I show a video or DVD in class?
In Canada, a video or DVD can not be shown in class without first obtaining the public performance rights associated with the video or DVD. All of the videos and DVDs in the library have public performance rights for use in the Brandon University classrooms. However, videos and DVDs obtained from other sources may not have public performance rights, leaving instructors at financial risk if they show them in class.
Can I show a video in an Online Class?
In order to to secure public performance right for online classes, you need to secure a Streaming License for copyright protected films, even if you own the DVD. To do so, contact Angela Revet in the Library and inform her of the videos you need public performance rights for. She is at Revet@brandonu.ca
The one exception to this are any online streaming video collections owned by the library. They can be streamed via your Online Class.
Where can I get more information about copyright?
Brandon University Fair Dealing Policy
CAUT Guidelines for the Use of Copyrighted Material
Access Copyright's Copying Guidelines
