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Copyright

Fair Dealing Policy

These guidelines assume that the user is working with a copyright-protected work; a College license does not cover the work; and the copying is a substantial part. These guidelines only deal with situations where fair dealing is relevant and are a general description of the extent of copying that is likely to be considered fair dealing in most contexts in accordance with the Copyright Act and the Supreme Court decisions.

1. Faculty, staff and students may reproduce, communicate or otherwise deal with short excerpts or portions of a copyright-protected work for educational purposes. Copying for the purpose of research, private study, parody, satire, criticism, review or news reporting is permitted under the fair dealing exception.

2. Sources must be mentioned. Copying or communicating short excerpts from a copyright-protected work under these Fair Dealing Guidelines for the purpose of news reporting, criticism, or review must mention the source, and if given in the source, the name of the author or creator of the work.

3. Reproducing a single copy of a “short excerpt” from a copyright-protected work may be provided or communicated to each student enrolled in a class or course as:

  • a class handout
  • a posting to a learning or course management system that is password protected or otherwise restricted to students of the college
  • part of a course pack

As a guideline, copying a portion of up to 10 percent of a work may be within fair dealing provided that in each case, the excerpt contains no more of the work than is required to achieve the allowable purpose. More that 10 percent may be fine under certain circumstances such as copying:

  • one chapter from a book
  • a single article from a periodical
  • an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works
  • an entire newspaper article or page
  • an entire single poem or musical score from a copyright-protected work containing other poem or musical scores
  • an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work

Note that fair dealing analyses consider all factors, including both the quality and quantity of the dealing.   

4. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.

5. Any fee charged by the college for communicating or copying a short excerpt from a copyright protected work must be intended to cover only the costs of the college, including overhead costs.

If the dealing appears to fall outside the purpose and fairness factors of the fair dealing exception, you may need to examine additional statutory exceptions or seek clearance from the copyright owner before copying. The Fair Dealing exception is only one of several statutory exceptions contained in the Canadian Copyright Act. Other exceptions or conditions may apply to your situation.

Digital Delivery of Course Content

Key points to remember:

  1. Most of the legal issues are the same whether the teaching is done in person or online (via an LMS). 
  2. If it was okay to do in class, it is often okay to do online – especially when your online access is limited to the same enrolled students (for example via an LMS). 
  3. You can continue to apply the fair dealing policy and Access Copyright license.

Additionally:

  • Use your university password-protected DC Connect to make material available to your students.
  • Post your in-class slides to DC Connect. Slides provided by textbook publishers can almost always be used, according to their Terms of Use. Content that you have created and for which you are the copyright owner can always be shared.
  • Course readings rules for print and online posting to DC Connect are similar. Either use the guidelines of your fair dealing policy or Access Copyright license, link to a resource within your Library collection, or link out to Internet content.
  • Your Subject Librarian may be able to help you find alternative content, and the Library has a large collection of online journals and ebooks that can help support online learning. Your librarian can also help you find openly licensed teaching materials like Open Educational Resources (OER).
  • Use phone apps like Genius Scan or Adobe Scan to easily scan to post print materials DC Connect within the limits allowed by the Copyright Act (including fair dealing – see fair dealing policy and Access Copyright license). Make scanned PDF files more accessible for your students by using an optical character recognition (OCR) online tool to convert "non-selectable" text files into more accessible versions.
  • Sharing audiovisual material like films and audio files is more complex. But remember you can still link to legally posted online content (from YouTube etc.). Your Library has streaming videos and media collections you may link to.
  • Your Subject Librarian can help you copyright check readings, create links to ebooks and journal articles and more. 

More Questions? Need help?

Contact copyright@durhamcollege.ca for further information or assistance.

Linking on Course Sites

It is always preferable to link to subscription content through Durham College Library! A lot of this content will have "permalink" options, which will work for off-campus users as well. 

A simple way to make links to any article, video, eBook or print book is to use Omni Search whic includes most Library resources including physical materials and all databases. 

Find the desired item and click on the "Permalink" icon. copy and paste the UTL to your web page. this URL works both on and off campus. 

Image of library item record for the eBook titled "The copyright primer for librarians and educators." Under the book title are several icon options including the permalink, which is highlighted.

Streaming from Library Databases

Streaming from library databases

Videos from the library's databases are licensed for educational use. Content from these streaming platforms can be screened in class or linked for personal viewing in online learning. Note that students will need to log in for viewing, and that most platforms do not permit broadcast/screen sharing to view over Zoom or other meeting platforms.

Other multimedia use

Streaming from the internet

Streaming videos from openly available sources the Internet, such as YouTube, without permission is permitted, provided that:

  • The use is for educational or training puposes
  • The work is not protected by a digital lock or technological protection measure
  • There is no clearly visible notice prohibiting use for educational purposes
  • There is no suspicion the work has been posted on the Internet without the consent of the copyright holder

Streaming videos from online subscription-based platforms such as Netflix, Prime, or Crave is not permitted in an educational setting. When you subscribe to streaming services, you do not own content.

The terms of use for streaming services are usually limited to personal use only. These licences override exemptions for educational use in the Copyright Act. If you are unsure whether you can show streamed content in class, check the licence terms for phrases like "personal use only" and "telecommunication or broadcast", or contact the library for assistance.

When you cannot show streamed content to your students, you may instead direct students to access the content on their own. 

DVDs and videos

DVDs and videos may be shown on the Durham College campus without special permission or Public Performance Rights, provided:

  • The use is for educational or training purposes
  • The use is not for profit
  • The audience consists primarily of Durham College students, staff, and faculty
  • The copy is legally acquired

Feature film screenings for non-educational purposes 

Public performance of a feature film at Durham College for non-educational purposes (e.g. for fundraisers, film festivals, student group or club activities) may be possible if the rights are purchased by the college or negotiated for the specific use.

To find out if a particular feature film is covered by a license or to arrange for coverage at an event, please contact the library.

Sound recordings

Sound recordings can be played on campus without permission, provided that:

  • The performance is for educational or training purposes
  • The audience consists primarily of Durham College students, staff, and faculty
  • The performance is not for profit
  • The sound recording is legally acquired
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