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Copyright: Copyright in the Classroom

This guide provides information to Capilano University employees and students regarding copyright, license agreements, and related topics. This guide does not provide legal advice.

FAQs: Copyright in the Classroom

Can I copy/use material posted on the World Wide Web?

Can I, or my students, use copyright protected works to create new content?

Can my students use trade-mark (TM) material found on the World Wide Web in a work and post that work on the World Wide Web?

Can I post items scanned from copyright protected print materials in Moodle?

Can I post digital items that accompany a textbook (PowerPoint presentations or other digital files/objects) in Moodle?

Can I post the electronic version of an article retrieved from a Library research database or subscription journal in Moodle?

Can I post materials copied under Capilano’s Fair Dealing guidelines or obtained from a Library subscribed resources on an online platform other than Moodle (for example: a website, blog, file sharing service, etc.)?

Can I include other people's copyright protected work in a course presentation?

Can I post a course presentation (i.e. PowerPoint) that I created in Moodle?

Can I make multiple photocopies of a print journal article, print book chapter, or other print copyright protected work and distribute them to students?

Can I include copyright protected print material in a course pack?

Can I include an article retrieved from a Library research database or subscription journal in a course pack?

Can I or my students photocopy a copyrighted work for our own use?

What if a work or the amount of a work I want to use/copy is not covered by a license or Capilano University's Fair Dealing Guidelines?

Can I play a video in class?

Can I use a YouTube video in or for a class?


Can I copy/use material posted on the World Wide Web?

You, your students, and Capilano University can, for educational or training purposes, reproduce or communicate or perform publicly available material found on the World Wide Web. The audience must be within Capilano University. Publicly available means that there were no technological barriers to access the information (password protected, encrypted, etc.). Additionally, the material must not have a clearly visible notice that prohibits educational use. The material being used must have been posted legally or you have no reason to believe it was posted illegally. You must cite the material.

Uses of the material can include incorporating materials into assignments, exchanging materials with instructors and peers, or reposting a work in Moodle.

See Section 30.04 of the Canadian Copyright Act for more detail.

 

Can I, or my students, use copyright protected works to create new content?

Anyone, including you and your students, can use copyright protected works to create new content - commonly referred to as a mash-up, as long as the following conditions are met:

  • the work created is used for non-commercial purposes
  • the original work is credited
  • the original work is obtained legally
  • the resulting work does not have a "substantial adverse effect" on the market for the original work

Parts of any number of works can be used and rights are not limited by how few or how many sources are used as long as the above conditions are met. The mash-up may be posted on the World Wide Web.

See Section 29.01 of the Canadian Copyright Act for more detail.

 

Can my students use trade-mark (TM) material found on the World Wide Web in a work and post that work on the World Wide Web?

Both copyright law and trade-mark law apply to this question. The provision noted above covers the use of the copyright in a logo, but not its trade-mark rights. Whether trade-mark is infringed depends on each specific case.

In general, to infringe a registered trade-mark in Canada, it must be “used” by someone not entitled to use it, or a confusing trademark must be used to “sell, distribute or advertise wares or services” (Trade-marks Act, 19, 20(1)). The concept of “use” has specific meanings:

  • If the trade-mark is for goods, “use” requires that the mark be displayed when the goods are being sold, and
  • If the trade-mark is for services, “use” requires that the mark be displayed to advertise those services.

Therefore, if no goods or services are being sold, there is no infringement.

Additionally, the trademark cannot be used in a negative way, in a way that is likely to depreciate the value of the goodwill associated with the trade-mark (Trade-marks Act, 22). Therefore, logos and trademarks used in student work should not be used in a negative way.

Students should also clearly mark any work produced as student work.

 

Can I post items scanned from copyright protected print materials in Moodle?

You may scan and upload to Moodle short excerpts of copyright works, but only if the excerpts qualify as fair dealing under Capilano University's Fair Dealing Guidelines. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.

See also:

 

Can I post digital items that accompany a textbook (PowerPoint presentations or other digital files/objects) in Moodle?

The proper use of digital materials that accompany a textbook depends upon the rights granted by the publisher of the textbook.

 

Can I post the electronic version of an article retrieved from a Library research database or subscription journal in Moodle?

Some Library licenses permit uploading of licensed online content to Moodle. More commonly, licenses permit you to create and post in Moodle “persistent links” to individual articles from licensed online resources. Learn more in the Licensing section of this guide.

See also: The Classroom section of this guide.

Can I post materials copied under Capilano’s Fair Dealing guidelines or obtained from a Library subscribed resources on an online platform other than Moodle (for example: a website, blog, file sharing service, etc.)?

Capilano’s Fair Dealing guidelines and Library licenses require that material is posted in a learning or course management system (LMS) that is password protected. Moodle is Capilano University’s password-protected LMS and should be used to share any copyright-protected and licensed materials.‚Äč

 

Can I include other people's copyright protected work in a course presentation?

You may reproduce a copyright protected work in order to display it, as long as there is no commercial version available that is appropriate for the use. This exception does not cover the distribution of copies of copyrighted work, in electronic or paper form.

See Section 29.4 of the Canadian Copyright Act for more detail.

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Can I post a course presentation (i.e. PowerPoint) that I created in Moodle?

If that presentation contains copyright protected work, check to see if the use of those copyright protected works meet educational expections, such as Fair Dealing or educational use of the material from the Internet. If so, the presentation can be posted in Moodle.

 

Can I make multiple photocopies of a print journal article, print book chapter, or other print copyright protected work and distribute them to students?

You can make multiple copies of a print article or any print copyrighted work for distribution to students only if that work and the amount you wish to copy meets Capilano University's Fair Dealing Guidelines. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.

See also:

 

Can I include copyright protected print material in a course pack?

You can include copyright protected print material in course packs only if that material only if that material and the amount you wish to copy meets Capilano University's Fair Dealing Guidelines. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.

 

Can I include an article retrieved from a Library research database or subscription journal in a course pack?

Some Library licenses permit the inclusion of licensed online content in a course pack. More commonly, licenses permit you to create and post in Moodle “persistent links” to individual articles from licensed online resources. Learn more in the Licensing section of this guide.

See also: The Classroom section of this guide.

 

Can I or my students photocopy a copyrighted work for our own use?

The Copyright Act's exceptions for fair dealing allow the use of copyrighted material for research, private study, education, parody and satire. News reporting, criticism or review also fall within the fair dealing exception, however the source must be mentioned.

See also: Fair Dealing

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What if a work or the amount of a work I want to use/copy is not covered by a license or Capilano University's Fair Dealing Guidelines?

You must get permission from the copyright holder. The Library will assist in securing the permission required. Please contact the Library for more details.

 

Can I play a video in class?

You may play a video in class as long as it is legally obtained. A legally obtained copy includes:  purchased or rented from a retail store, borrowed from the library,* borrowed from someone else who has legally obtained the video, streaming video openly available on the World Wide Web. You may not copy a video from home and show the copied version in the classroom, as the resulting copy is not a legal copy. You may not show a video streamed from a personal subscription account such as Netflix or iTunes in class as this an infringement of the end user agreement.

*Please note: that some films/DVDs in CapU Library Collection do carry restrictions. These restrictions will be noted on the item's catalogue record.

See Section 29.5(d) of the Canadian Copyright Act for more detail.

See also:

 

Can I use a YouTube video in or for a class?

You must ensure that the video has been uploaded to YouTube by the copyright holder, to avoid the use of copyright infringed material. If it is not posted by the copyright holder you cannot use the video. If it is uploaded by the copyright holder - and there are no limitations on the terms of use - you can show the video in class. You can also link to/embed the video in Moodle or a website. Do not make a copy of the video and upload it to Moodle.

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