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Copyright

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

FAQs: Copyright in the Classroom

Can I copy/use material posted on the Internet?

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

Can my students use trademarked (TM) material found on the Internet in a work and post that work on the Internet?

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

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

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

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.)?

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 eLearn?

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?

Under fair dealing, can I copy up to 10% of a work, even if that means I copy more than one chapter?

What if a work or the amount of a work I want to use/copy is not covered by a licence or Fair Dealing?

Can I play or stream a video in class?

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


Can I copy/use material posted on the Internet?

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 protection measures (TPMs) in place. 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 re-posting a work in eLearn.

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 Internet.

See Section 29.21 of the Canadian Copyright Act for more detail.

 

Can my students use trademarked (TM) material found on the Internet in a work and post that work on the Internet?

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:

  • If the trademark is for goods, “use” requires that the mark be displayed when the goods are being sold, and
  • If the trademark 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 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.

 

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

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.

See also:

 

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

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 eLearn?

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 Library Licensed Resources section of this guide.

 

Can I post materials copied under fair dealing or obtained from a Library subscribed resources on an online platform other than eLearn (for example: a website, blog, file sharing service, etc.)?

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.​

 

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 eLearn?

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.

 

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 fair dealing requirements. 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 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 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 Library Licensed Resources 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

 

Under fair dealing, can I copy up to 10% of a work, even if that means I copy more than one chapter?

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.

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What if a work or the amount of a work I want to use/copy is not covered by a licence or fair dealing?

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 or stream a video in class?

It depends on the video's source and terms of use. See Media for more detail.

 

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 eLearn or a website. Do not make a copy of the video and upload it to eLearn.

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