Copyright FAQ: Using Copyrighted Materials in Your Teaching

Transcription

1 GEOFFREY R. WELLER LIBRARY University Of Northern British Columbia Copyright FAQ: Using Copyrighted Materials in Your Teaching The Geoffrey R. Weller Library, the CTLT, UNBC Bookstore and ITS are working in close partnership to ensure that our faculty and students have access to information resources they need to achieve success in teaching and learning. Based on the document created by Deb Nielsen, B.A., M.L.I.S., Library Assistant Copyright, Geoffrey R. Weller Library Copyright FAQ 1

2 Table of Contents Fair Dealing Guidelines... 3 Definitions... 5 Course packs... 6 Print Course packs... 6 Electronic Course packs... 6 Library Reserves... 6 Print Reserves... 6 Electronic Reserves... 6 Determining copyright permissions... 7 What if I do need copyright clearance?... 9 Can I scan a print article into an electronic format?... 9 Where do I go for help?... 9 Videos or Films Copyright FAQ

3 Fair Dealing Guidelines These Fair Dealing Guidelines ( Guidelines ) apply to all faculty members and staff persons of the University of Northern British Columbia (UNBC). These Guidelines are in place to provide guidance on the use of copyright-protected works under fair dealing and to provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and Supreme Court decisions. These Guidelines have been adapted from AUCC, ACCC and Grant McEwan s Fair Dealing Guidelines. The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or payment of copyright royalties. Whether a use of a copyright-protected work qualifies under fair dealing is dependent on an evaluation of all relevant factors in a given situation. Fair dealing will apply to copying and communicating of works made in accordance with these Guidelines. Copying or communicating beyond the quantitative limits in these Guidelines may, or may not, be fair dealing and may require permission from the copyright holder. To qualify for fair dealing, two tests must be passed. First, the "dealing" must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire or parody. The Supreme Court has determined that educational use of a copyright-protected work passes this first test. The second test is that the dealing must be "fair." The Supreme Court of Canada has stated that deciding whether a particular instance of copying may be considered to be fair requires a consideration of all of the relevant factors, including the following: the purpose of the proposed copying, including whether it is for research, private study, education, satire, parody, criticism, review or news reporting; the character of the proposed copying, including whether it involves single or multiple copies, and whether the copy is destroyed after it is used for its specific intended purpose; the amount of the dealing from the individual user s perspective, including the proportion of the Work that is proposed to be copied and the importance of that excerpt in relation to the whole Work; alternatives to copying the Work, including whether there is a noncopyrighted equivalent available; the nature of the Work, including whether it is published or unpublished; and the effect of the copying on the Work, including whether the copy will compete with the commercial market of the original Work. Copyright FAQ 3

4 Guidelines 1. UNBC faculty members and staff persons may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire or parody. 2. Copying or communicating short excerpts from a copyright protected work under these Guidelines for the purpose of news reporting, criticism or review must mention the source and, if given in the source, the name of the author or creator of the work. 3. A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course: a. as a class handout; b. as a posting to a learning or course management system (such as Blackboard) that is password protected or otherwise restricted to students of UNBC; or c. as part of a course pack. 4. A short excerpt includes: a. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work) b. one chapter from a book c. a single article from a periodical d. an entire individual artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works e. an entire newspaper article or page f. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores g. an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work 5. Copying or communicating multiple short excerpts from the same copyrightprotected work, with the intention of copying or communicating substantially the entire work, is prohibited. 6. If you would like to copy something that you believe falls within the Fair Dealing Exception but does not meet the criteria set out above, please contact the Library Assistant Copyright at libcopyright@unbc.ca. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances. 7. Any fee charged by the educational institution for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the institution, including overhead costs. Please Note: These Guidelines do not restrict copying or communicating of copyright-protected works permitted under an arrangement or contract entered into by UNBC with a publisher, publisher s representative or under contract arrangements, such as for Library databases ( Third Party Copying Arrangement ). 4 Copyright FAQ

5 In the event of a conflict between these Guidelines and a Third Party Copying Arrangement, the terms of the Third Party Copying Arrangement will apply. Definitions Authorized Users o Individuals who are allowed to access a database. Usually, authorized users are faculty, staff, students and walk-in users. Concurrent Users o The number of users allowed to use the resource at a single time Course pack o A collection of articles (or book chapters) that a professor has recommended that students read for a course. This can either be in print or electronic format. Print course packs are usually available for purchase through the Bookstore. Electronic course packs would be offered through a Blackboard course shell. Electronic Reserves o Academic materials that a professor wants to make available to students in digital format and are accessed through the library catalogue. Interlibrary Loan o Material that one library borrows from another library at the request of a patron. These can be books, articles or other material formats. Persistent Link o Internet addresses that connect users directly to a library database or article by clicking a link embedded in a webpage. Also known as stable URLs, permalinks or DOIs. Copyright FAQ 5

6 Course packs Print Course packs We encourage you to model green teaching practices and consider an electronic course pack through a Blackboard course shell as an alternative to print course packs. For further information about print course packs, contact Mardeana Berg at (250) (bergm@unbc.ca) or Cyndie Yule at (250) (yule@unbc.ca). Electronic Course packs Faculty at UNBC can use Blackboard to offer class resources and assignments to students as well as conduct online courses. More information about Blackboard can be found at Articles or other course materials can be placed on a Blackboard course shell so that students can access them, either by creating a link to them or creating a digital copy. For further information about Blackboard, contact CTLT at (250) (ctlt@unbc.ca). Library Reserves The reserve reading collection of the Geoffrey R. Weller Library serves as a means of providing access to required course readings for which a high demand is anticipated. More information about Library Reserves is available at Print Reserves Physical material placed on reserve is located in the Reserve Room on the 1 st floor of the Library. There are no copyright implications in placing material that the Library owns or a faculty member s personal copy of a book on reserve. Photocopies of articles may be placed on reserve if they are compliant with the UNBC s Fair Dealing Guidelines or the use is covered under an existing license. See the Determining Copyright Permissions section of this document. Electronic Reserves The Library has the ability to link to online articles and websites for Reserve use. Electronic Reserves allow students to access materials from off campus and ensure that the material doesn t go missing. 6 Copyright FAQ

7 Articles may be placed on Electronic Reserve if they are compliant with UNBC s Fair Dealing Guidelines or the use is covered under an existing license. See the Determining Copyright Permissions section of this document. For further information about placing items on reserve, contact the Access Services Administrator at (250) or libcirc@unbc.ca. Determining copyright permissions UNBC Library has obtained permission for faculty and staff to copy works under various license agreements between UNBC and publishers, publisher representatives, authors and copyright holders. The licenses for the Library s online subscription databases give faculty and students access to millions of copyrighted articles and other works. In the event of a conflict between UNBC s Fair Dealing Guidelines and the Terms and Conditions of the Library negotiated licenses, the terms of the license will apply. To search the Terms and Conditions of the library s subscription databases, do a title search for the desired journal. Choose the desired journal and click on Online Resource Copyright FAQ 7

8 This page shows you the options for date coverage and enables you to look up the Terms and Conditions of use for each license associated with this journal If your desired article is covered under more than one license, be sure to check the Terms and Conditions of all licenses covering your desired timeframe and see what is and isn t allowed. If one does not grant the permission you desire, another might. Sometimes the Terms and Conditions will use the words implied or restricted. If you see implied or restricted, further explanatory details will be provided in the Terms of Use Info. Read this section to determine if your use would be permitted. For clarification or further information about determining copyright permissions, contact the Library Assistant Copyright at (250) or libcopyright@unbc.ca. If you require assistance searching the catalogue or finding articles, please contact the Reference Desk at (250) or libref@unbc.ca. 8 Copyright FAQ

9 What if I do need copyright clearance? If copying of a work is not permitted through any of the above means you should consider whether another work (for which UNBC already has a license) would be an acceptable alternative. If not, and if you still wish to use the work, the Library Assistant Copyright can assist you in seeking the permission of the copyright owner. These permissions need to be sought on a case-by-case basis, and there is no obligation for the copyright owner to grant your request. If the copyright owner agrees to your request, the permission to copy the work will generally come by way of a one-off transaction license agreement between UNBC and the copyright owner. Please note that obtaining permissions from copyright owners may take 6-8 weeks. As such, it is recommended that you submit copyright clearance requests as soon as possible. If you require copyright cleared for a specific reading, please se the form at For further information about copyright clearance requests, contact the Library Assistant Copyright at (250) or libcopyright@unbc.ca. Can I scan a print article into an electronic format? Print articles may be scanned into electronic format and placed in Electronic Course packs if they are compliant with UNBC s Fair Dealing Guidelines or the use is covered under an existing license. See the Determining Copyright Permissions section of this document. Where do I go for help? For general copyright related questions, visit the library s Copyright Clearance page at If you would like to talk to someone about your specific needs related to using copyrighted materials, please contact the Library Assistant Copyright at (250) or libcopyright@unbc.ca. Videos or Films Bill C-11, the Copyright Modernization Act, included some significantly expanded educational exceptions, including an exception dealing with showing videos for educational or training purposes. The Copyright Act now allows an educational institution, or person acting under its authority, for education or training purposes on its premises can perform a film or other cinematographic work in the classroom, as long as such work is not an infringing copy and was legally obtained, or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy. Copyright FAQ 9