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Copyright @ Niagara College

Learn more about copyright at Niagara College.

FAQs

Can I scan material and place it in Blackboard for my students?

Yes, as long as you are following Fair Dealing guidelines. Check the Library’s databases to determine if electronic versions of your material are available.  You may then embed a link to this material in Brightspace.

Can I show DVDs in class?

You may show DVDs in your class under the following conditions:

•      The DVD is being shown for the purpose of education or training.

•      The DVD is being shown on the premises of an educational institution.

•      The DVD is being shown to an audience consisting of students.

•      The copy of the work is not an illegal or infringing copy (i.e. the DVD is a purchased copy or is borrowed from the library).

For more information refer to Section 29.5(d) of the Copyright Act.

NOTE:

  • College clubs and associations must obtain Public Performance Rights when screening films for non-educational purposes.
  • Personal "on demand" subscriptions (iTunes, Bell, Rogers, Netflix etc.) CANNOT be screened in class due to licensing restrictions.

Can students and teachers use copyright-protected works to create new works?

​An individual can use copyrighted works such as images, videos, music, text, etc. in the creation of a new work (e.g. modifying a mathematical table, creating an instructional video, creating slides or documents) as long as the mashup meets the following conditions  (Section 29.21 of Copyright Act):

  • The mashup can only be used for non-commercial purposes
  • The original work that is being used to create the mash-up must be cited
  • The original work used in the creation of the mash-up must be a legal copy.
  • The mash-up cannot effect the economic market of the original work

Can I print slides from a textbook/DVD website and make copies for my class?

Textbooks often come with digital resources for use by faculty. Copyright disclaimers on the digital resources outline what is allowable under copyright use. It is best to contact the publisher for further verification when in doubt of permissions and usage. 

Can I scan or photocopy pages from workbooks or study guides for class distribution?

Not without prior permission from the copyright holder. Workbooks, study guides, and books with tests and exams are considered consumable works, meaning they are intended for one-time use.

Does the library purchase copies of course textbooks?

No. Students are expected to purchase or rent the required textbook for their course from the Campus Store. In some instances, an instructor may place a copy of a textbook on reserve. Please refer to the Course Reserve section of this guide for more information.

Can I provide my students with paper copies of material found on the Internet?

Many internet sites include terms of use with information on copyright and how the materials contained in the site may be used. You may make paper copies if there is no statement restricting you from doing so. However, you must cite the original source on your copies.

Are there sources of copyright-friendly material available on the internet?

Yes, there are a number of sources that are in the public domain or are under what is typically known as Creative Commons licensing.  You may search the Creative Commons Website for copyright free audio, video and text material. An online search for “Public Domain” and the specific material you are interested in will provide many other copyright free sources. Visit our Open Educational Resources guide for more information.

Can I make copies of material from Canadian government websites for classroom distribution?

If credit is given and Crown copyright is acknowledged, the materials may be reproduced for non-commercial purposes.

The Queen's Printer for Ontario holds copyright in Ontario statutes, regulations and judicial decisions. The Queen's Printer permits any person to reproduce the text and images contained in the statutes, regulations and judicial decisions without seeking permission and without charge. The legal materials must be reproduced accurately, and Crown copyright in the legal materials must be acknowledged in the following form:

© Queen's Printer for Ontario, 20__.*

*The year of first publication of the legal materials is to be completed.

The Legislation Act, 2006 sets out which copies of Ontario statutes and regulations are official copies of the law. Reproductions of statutes and regulations that are not official copies under that Act must state that they are not official versions. Reproductions of judicial decisions must state that they are not official versions.

Can I incorporate YouTube clips into my class presentation?

For instance, while you cannot copy or save YouTube videos within a PowerPoint presentation, you can provide a link to the original YouTube video. It is the responsibility of the YouTube uploader to clear copyright, but faculty, staff and students should take every effort to find the most reliable source or channel in YouTube to avoid copyright infringement. To that end, streaming directly from the original website is the recommended practice.

How long does copyright protections last?

Most copyright protected works will enter the public domain 70 years after the life of the author.  One exception is Crown copyright, i.e. government works prepared or published by or under the direction or control of the Crown. Copyright in these works lasts for the remainder of the calendar year in which the work is first published and for 50 years after that.

Are student works covered by copyright?

Yes.  All original creative works are covered by copyright when they are created

Can I used publicly available materials I find on the internet in my class?

Reasonable steps must be taken to ensure that the material found online was uploaded by the copyright holder.  If it is reasonable to conclude that the source is legitimate, you may use the material in your class providing you credit the source and follow any terms of use on the material or website.

Can I link to materials I find on the internet?

Generally, linking to legitimate materials posted publicly online is permissible. Links should be reviewed regularly to ensure that there to ensure the terms of use are current.  Linking to material behind a personal subscription is not generally permissible.

Fair Dealing Guidelines

Under the Canadian Copyright Act, you may copy parts of a published work for the purposes of research, private study, criticism, review, news reporting, education, parody, or satire.  This is called Fair Dealing.

How do you know it is Fair Dealing?  The following 6 Factors of Fair Dealing of must be considered.

1. Purpose of the dealing. Why are you making the copy? It must be for the purposes of research, private study, criticism, review, news reporting, education, parody, or satire.

2. Character of the dealing. How many copies of the published work are you making?

3. Amount of the dealing. How much of the published work are you copying? 

4. Alternatives to the dealing.  Are there other options available to making a copies, e.g. providing links instead of copying the material or using non-copyrighted equivalents? Visit Niagara College Libraries and Learning Common's OER guide for more information. 

5. Nature of the work. Is the work being copied confidential? Is the work intended for a paying clientele? 

6. Effect of the dealing. Will the copying of the work potentially compete with the market of the original?

Remember always to cite your sources 

Not sure if it's Fair Dealing or not? Contact the Library.