COPYRIGHT IN TEACHING
What Can You Use?
Kate Langrell, Copyright Coordinator
Heather Ross and Ryan Banow, GMCTE
Presentation Overview
• Fair Dealing Guidelines
• Materials Available through the Internet
• Images
• Showing vs. Distributing Course Materials
• Library Licensed Materials
• Open Access Materials (Heather Ross)
• Alternative Options
• U of S Copyright Program
• Summary
•Q & A
I understand copyright rules for
educators in Canada
A.
Strongly Agree
B.
Agree
C.
Somewhat Agree
D.
Neutral
E.
Somewhat Disagree
F.
Disagree
G.
Strongly Disagree
I know enough to be able to apply
Canadian copyright law in my teaching
A.
Strongly Agree
B.
Agree
C.
Somewhat Agree
D.
Neutral
E.
Somewhat Disagree
F.
Disagree
G.
Strongly Disagree
I can hand out a paper copy of a chapter
from a copyrighted book to my students in
class.
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
Answer: Yes, you can
I can post an electronic copy of a chapter from a
copyright-protected book for my students on
Blackboard.
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
Answer: Yes, you can if it’s
a scan. If it is an e-book
with a license that says we
can’t OR if we have to
break a digital lock to
break it apart, then no.
I can post a pdf of a copyrighted article
on a personal blog or website.
A.
B.
C.
D.
E.
Answer: No, because the content is
True – low confidence openly accessible to anyone and not
False – high confidence restricted to the students in your
False – low confidence course. If you sought & received
permission to post it on a blog/open
I have no clue!
website, though, then yes you can.
True – high confidence
I can scan three chapters from a textbook to
post on Blackboard.
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
Answer: It depends – if that 3
chapters is less than 10% of the
book, you can scan and post it.
If it is greater than 10%, you
would need permission to post
it.
Brief Fair Dealing Background
- Education added as a Fair Dealing
Exception in the Canadian
Copyright Act (November 2012)
- Canadian Universities adopted
Fair Dealing Guidelines created
by Universities Canada
(previously the Association of
Universities and Colleges of
Canada)
Image: “Launching Calgary Chapter
of Fair Copyright for Canada” by
Kempton (CC BY-NC-SA 2.0).
Uploaded to Flickr on January 10,
2008; retrieved August 12, 2015;
cropped by Kate Langrell
Fair Dealing Guidelines
A single copy of a Short Excerpt from a work may
be provided to each student registered or
engaged in a course, unit or program of
academic, continuing, professional or vocational
study administered or hosted by U of S.
Source:
http://www.usask.ca/copyright/basics/copyrightpolicy/fair-dealing-guidelines/index.php
What is a “Short Excerpt”
10% or less of a work or no more than:
a. One chapter for a book
b. A single article from a periodical
c. An entire artistic work (including a painting, print,
photograph, diagram, drawing, map, chart and plan)
from a copyright-protected work containing other
artistic works
d. An entire newspaper article or page
e. An entire single poem or musical score from a work
containing other poems or musical scores
f. An entire entry from an encyclopedia, annotated
bibliography, dictionary or similar reference work
Source:
Whichever is greater.
http://www.usask.ca/copyright/basics/copyrightpolicy/fair-dealing-guidelines/index.php
Fair Dealing Fine Print
NO Cumulative Copying
Or
“Platinum Equity: Reading the fine print”
by Tom Gores
Accessed from Flickr on Sept 22, 2014
Where the Fair Dealing Exception allows
the copying of only a portion of a Work,
no member of the faculty, teaching staff
or other staff may make copies of
multiple short excerpts with the effect of
exceeding the copying limits set out in
Section 3 of these Guidelines.
Source:
http://www.usask.ca/copyright/basics/copyrightpolicy/fair-dealing-guidelines/index.php
Applying Fair Dealing
Works copied under fair dealing guidelines may be
distributed as:
• as a class handout
• as a posting to a learning or course management
system (e.g. PAWS, Blackboard) or e-reserve that is
password protected or otherwise restricted to, and
accessible only by, students in the specific course,
unit or program
• as part of a coursepack
Works available
through the Internet
It is not an infringement of copyright for an
educational institution to use material available
through the internet under the following conditions:
• No digital locks were circumvented to
access the material
• The source of the material is cited (including
the author/creator’s name if given)
• The user is reasonably sure that the copy
they accessed was not an infringing copy
“The Internet Messenger”
by Buky Schwartz. Accessed
through Wikipedia.org on
Sept 22, 2014 – from the
Israel free image project;
cropped by Kate Langrell
• That there was no “clearly visible notice” prohibiting the use
of the material (notice needs to be more that just the
copyright symbol “©”)
What is a “Clearly Visible Notice”?
There is currently no legal precedent or definition
• Look at a website’s “Terms of Use” page, “Copyright
Notice” page, etc. (also look for any copyright-related
statements on the content itself or on the webpage where
the content appears)
•Link to content whenever you can!
If website terms of use are restrictive, here are some options:
• Link and/or provide citation info, but don’t distribute it
• See if the same content is available through USask libraries
• Request permission from rights-holder to copy and
distribute the content
I can show PowerPoint slides in class
that contain copyrighted images.
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
Answer: Yes, you can. Please
be sure to include the source
of the images, and if possible,
the creator of the images.
I can post PowerPoint slides that
contain copyrighted images on
Blackboard.
Answer: Yes, as long as you
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
follow Fair Dealing guidelines
(i.e., if you are using many images from
a textbook, you may need to request
permission from the textbook publisher.
This usually requires that the textbook
is the required book for the course).
Please cite all images.
I can post PowerPoint slides that contain
copyrighted images on a personal website
or blog.
A.
True – high confidence
B.
True – low confidence
C.
False – high confidence
D.
False – low confidence
E.
I have no clue!
Answer: No, Fair Dealing does
not cover this purpose.
Showing vs. Giving
Important to distinguish these two things,
because while there are restrictions on what
you can distribute to students (in hardcopy
or via Blackboard), there is very little that
you can’t display or show in class.
Displaying in Class
• No limit on the amount of copyright-protected material
you can include when SHOWING in class
• Movies
• Music
• Images
• The Whole Darned Textbook
• PowerPoint is included in this
• No limit on what can be used for in-class instruction
Please cite copyright-protected materials
displayed in class
PowerPoints on Blackboard
• Including copyright-protected images, charts, maps, videos,
etc. in PowerPoint notes distributed via Blackboard is OK if:
• Your use is allowed under Fair Dealing
• You are applying the “Works available through the
internet” clause
• You created the image, graph, chart, etc.
• The material was included on a publisher’s disc of
material for the textbook you are using in that class
• You sought permission if your use was not allowed under
Fair Dealing, the internet clause, etc.
Regardless of the source and the
permission attached to an image,
Please Cite It!
Provide citation information (including the
source and, if possible, the creator) for
EVERY image used in your course materials
(i.e., drawings, photos, diagrams, charts,
graphs, maps, etc.).
Online Image Sources
• Images from these sources can be used for educational purposes
without needing to seek permission (but must be cited):
• Creative Commons website search.creativecommons.org
• Wikimedia Commons website
https://commons.wikimedia.org/wiki/Main_Page
• Wellcome Images website wellcomeimages.org
• Looking for images related to a specific subject area? Contact me
for assistance (copyright.help@usask.ca)
• There are many subject-specific databases which include images
that can be used without permission for educational purposes
• E.g.,
Morphbank :: Biological Imaging, Metropolitan Museum of
Art Collection Online, French Revolution Digital Archive
Library-Licensed Materials
• For electronic journals (e-journals) and e-articles offered
through the library, it’s important to check for restrictions
regarding means of sharing the content
• MONDO – library’s database of usage rights for e-materials
• After doing a library search for your content, click the FindIt!
Button to see the license information
• Let’s do an example: http://library.usask.ca/
• Can (almost) always create a persistent electronic link
(“permalink”) to the content
• Can always provide students with a citation and they can
retrieve the content themselves
Creative Commons
OER
• Includes:
• Open textbooks
• Open access journals (see Directory of OA Journals
> DOAJ)
• Other educational materials with Creative
Commons or other open licenses
Finding OER
open.usask.ca
Online Coursepacks
• Reading lists with links to library-subscribed content
• Library guide to help create persistent/direct links:
http://libguides.usask.ca/directlinking
• Current Canadian copyright law (“fair dealing”
education exemption) permits this
• Ask the University Library and/or Copyright Office
for help
Alternative options for providing course
materials
• Your own creations (you own the copyright and have not
assigned it to another entity, e.g. a publisher)
• Textbooks: publishers often willing to allow extensive
use of materials to keep your business (talk to your sales
rep)
• Public domain: copyright has expired
• Ask for permission (a license) from copyright holder if the
intended use falls outside fair dealing limits
U of S Copyright Program
• Faculty Statement of Copyright Compliance to state your
understanding of and agreement with the University’s “Use of
Materials Protected by Copyright” policy
• Copyright Clearance Reporting Forms (CCRFs)
• Working toward digitizing this process for the beginning of
Winter 2016 term
• Reviews of course materials
• Opportunity to learn more about copyright specific to the
materials you use in your courses
• Intro & Go Session tomorrow on filling out your CCRFs
Summary
• CITE everything & LINK as much as possible
• Be conscious of Fair Dealing guidelines when
using copyrighted works
• ASK librarians, GMCTE, Copyright Coordinator
if you have questions:
Kate Langrell
(306) 966-8817
copyright.help@usask.ca
usask.ca/copyright
Post Assessment:
I know enough to be able to apply Canadian
copyright guidelines in my teaching
A.
Strongly Agree
B.
Agree
C.
Somewhat Agree
D.
Neutral
E.
Somewhat Disagree
F.
Disagree
G.
Strongly Disagree
Questions?
Kate Langrell
(306) 966-8817
copyright.help@usask.ca
usask.ca/copyright
Helpful Links
• U of S Fair Dealing Guidelines:
http://www.usask.ca/copyright/basics/copyright-policy/fair-dealingguidelines/index.php
• U of S Use of Materials Protected by Copyright Policy:
http://policies.usask.ca/policies/operations-and-generaladministration/copyright.php
• Copyright Instructor FAQs:
http://www.usask.ca/copyright/instructors/faq/index.php
• Copyright Clearance Reporting Form:
http://www.usask.ca/copyright/compliance/requirements/index.php
• Copyright FAQ document from U of S Libraries:
http://library.usask.ca/murray/files/CopyrightFAQexternal.pdf