Can I post materials copied under Capilano’s Fair Dealing guidelines or obtained from a Library subscribed resources on an online platform other than eLearn (for example: a website, blog, file sharing service, etc.)?
You, your students, and Capilano University can, for educational or training purposes, reproduce or communicate or perform publicly available material found on the Internet. 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.
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:
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 Internet.
See Section 29.21 of the Canadian Copyright Act for more detail.
Both copyright law and trademark law apply to this question. The provision noted above covers the use of the copyright in a logo, but not its trademark rights. Whether trademark is infringed depends on each specific case.
In general, to infringe a registered trademark 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” (Trademarks Act, 19, 20(1)). The concept of “use” has specific meanings:
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 trademark (Trademarks 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.
You may scan and upload to eLearn short excerpts of copyright works, but only if the excerpts qualify as fair dealing. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.
The proper use of digital materials that accompany a textbook depends upon the rights granted by the publisher of the textbook.
Some Library licences permit uploading of licensed online content to eLearn. More commonly, licences permit you to create and post in eLearn “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.
Capilano’s Fair Dealing guidelines and Library licences require that material is posted in a learning or course management system (LMS) that is password protected. eLearn is Capilano University’s password-protected LMS and should be used to share any copyright-protected and licensed materials.
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.
If that presentation contains copyright protected work, check to see if the use of those copyright protected works meet educational exceptions, such as Fair Dealing or educational use of the material from the Internet. If so, the presentation can be posted in eLearn.
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 fair dealing requirements. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.
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 Fair Dealing guidelines. Multiple chapters from different works cannot be assembled to replace a normal textbook purchase.
Some Library licences permit the inclusion of licensed online content in a course pack. More commonly, licences permit you to create and post in eLearn “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.
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
Yes. In some instances, 10% of the total pages (e.g. 10 pages of 100-page book) may include multiple chapters. In other instances, one chapter of a book may exceed 10% of the total pages of the book.
You must get permission from the copyright holder. The Library will assist in securing the permission required. Please contact the Library for more details.
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 Internet. 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.