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Copyright Guidelines

For clarification of a specific copyright-related question or answers to questions not covered by this guide, please contact:
 
Okanagan College Copyright Officer:
Ross Tyner
Director of Library Services
Local 4665
 
Lindsay Willson
Public Services/Business Liaison Librarian
Local 4624
 
Or contact

Can a student record my lecture without my permission?

Can I post items scanned from copyrighted 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 content to Moodle that I have accessed from a file, disc or device with a digital lock?

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

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

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

Can I include copyrighted material in a course pack?

I've used the same copyrighted materials in a previous course, do have to get permission again?

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

What if I want to use a work in a coursepack, class, or for myself that is not covered by any copyright license or exceptions?

Can I create multiple copies of Government of Canada works for distribution in class or inclusion in a coursepack?

Can I create multiple copies of Government of British Columbia works for distribution in class or inclusion in a coursepack?

Can I play a video in class?

Can I show a Netflix or iTunes movie or TV show in class?

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

Can I show/play a live broadcast of a television/radio program in class?

Can I record a broadcast of a television/radio program and show/play it in class?

Can I put on a performance of a copyright protected play in a drama class?

Can I use live or recorded music in my classroom?

Can I use freely available material from the internet in class slides, in Moodle, or in assignments?

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

Can I post or use work by a student in a class, workshop, or website?


Can a student record my lecture without my permission?

No, under the Copyright Act, and according to Okanagan College agreements, an Instructor or College Professor owns the copyright of their lectures. As a result, students must ask for and get explicit permission from the instructor, before the start of any lecture, if they wish to record that lecture. 

 

Can I post items scanned from 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 the Copyright Act, or if the copying complies with the Print and Digital Copying Guidelines contained in the College's Access Copyright license. Any scanning and uploading of copyright material that is not permitted by fair dealing or Access Copyright requires the explicit permission of the copyright holder.

 

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.

 

Can I post content to Moodle that I have accessed from a file, disc or device with a digital lock?

Content that you access by authorized password authentication, such as library databases accessed using your family name and OC employee number, may be linked or posted depending on licensing agreements. If you have accessed the password or key to content using unauthorized means, you may not post or link the content, even if the content falls within fair dealing guidelines. The Copyright Act specifically prohibits circumventing technology protection measures, or Digital Locks. Digital Locks include copyright protection measures found on devices, discs, and files, such as passwords, encryption software, and access codes.
 

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

In most cases, yes. The Copyright Act's exceptions for educational institutions (section 29.4) state that:

"It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any other necessary act, 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.

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

If the presentation has been uploaded legally, you can show it in a classroom and link to it in Moodle. Do not make a copy of the presentation and then upload it to Moodle.

 

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

You can make multiple copies of an article or any copyrighted work for distribution only if that work is covered by the fair dealing provision of the Copyright Act, or by Okanagan College's Access Copyright licence. This licence allows the making of photocopies for distribution to students, including class handouts.

See also: Can I hand out print copies of an article retrieved from a Library research database or subscription journal?

 

Can I include copyrighted material in a course pack?

You can include copyrighted work in coursepacks only if that work is covered by Okanagan College's Access Copyright licence. This licence allows the making of photocopies for distribution to students, including course packs.

There are works not covered by the Access Copyright license. The requirements of the licence are coordinated by the Campus Bookstore.

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

 

I've used the same copyrighted materials in a previous course and want to use them again. Do I have to get permission again?

Yes. Permissions are granted on a per-use basis.

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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.

 

What if I want to use a work in a coursepack, class, or for myself that is not covered by any copyright licence or exceptions?

You must get permission from the copyright holder.

 

Can I create multiple copies of Government of Canada works for distribution in class or inclusion in a coursepack?

Government of Canada works are covered by Crown Copyright and are not included in Access Copyright’s repertoire. See the Government of Canada Publication’s About Crown Copyright for information on use. Please note that these permitted uses are a recent change in policy that are not reflected in regulatory or statutory change.

 

Can I create multiple copies of Government of British Columbia works for distribution in class or inclusion in a coursepack?

Government of British Columbia works are covered by Crown Copyright and are not included in Access Copyright’s repertoire. You must seek permission from the Government of B.C. to reproduce, in whole or in part, provincial government works for multiple distribution. Best practice is to always check the publication for phrases or wording that are titled: disclaimer, copyright, or important notice.

Learn more about copyright permission requests from the Government of B.C.’s Intellectual Property program. Learn more about the reproduction of provincial  legislation here.

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Can I play a video in class?

Yes, as long as the video is legally obtained (i.e., purchased or rented from a retail store, borrowed from the library, borrowed from someone else who has legally obtained the video). 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. Section 29.5(d) of the Copyright Act states:

"It is not an infringement of copyright for an educational institution or a person acting under its authority to [perform in public] a cinematographic work, as long as the work is not an infringing copy or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy."

 

Can I show a Netflix or iTunes movie or TV show in class?

Section 29.5(d) of the Copyright Act allows you to show legally obtained videos in class. However, because you sign a user agreement with Netflix and iTunes to access their content, you should check the Terms of Use to which you agreed to determine whether classroom use is acceptable. Both Terms of Use indicate that content is for "personal use" or "household use", which may not cover classroom viewing.

 

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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Can I show/play live broadcasts of a television/radio program in class?

Yes. Section 29.5(c) allows showing/playing television/radio programs at the time of broadcast in an educational setting. The program must be shown/played on campus to an audience of primarily staff or students for educational purposes and must be free of charge.

 

Can I record a broadcast of a television/radio program and show/play it in class?

If the program is a news program or news commentary, section 29.6 of the Act allows for the recording of a single copy of a news program or news commentary program – but not a documentary. The recording must be made at the time of broadcast. The recorded program must be shown/played on campus to an audience of primarily staff and/or students for educational purposes and must be free of charge.

You can record other programs (i.e., not news or news commentary) for review purposes only – you cannot show them in class. Only a single copy can be made and must be destroyed within 30 days of recording. If there is a program you would like to show in class, contact the Library.

 

Can I put on a performance of a copyright protected play in a drama class?

Yes, according to section 29.5(a). Live performances of copyright-protected plays are allowed if they meet the following five conditions: the performance must be on the college premises, it must be for education or training, it must not be for profit, the audience must be primarily students or staff, and it must not involve a "motive of gain".

 

Can I use live or recorded music in my classroom?

Yes, if the music is performed in "furtherance of an educational object", you may perform live music or play a sound recording without paying royalties or asking permission, according to section 32.2(3).

If the use is other than educational, the performance requires permission and royalties. Examples such as dances and sporting events, events which are intended to make a profit, or where there is no educational premise (ie: background music) require permission. See Music Licensing at Okanagan College for more information. 

 

Can I use freely available material from the internet in class slides, in Moodle, or in assignments?

Yes, section 30.04 of the Act allows you and your students to use and share publicly available internet materials within your education circle, as long as you cite the source. However, if the material has a clearly labelled prohibition against educational use (not just a copyright symbol), if it is protected by a password or other digital lock, or if you know it is available without the consent of the copyright holder, you may not use the material without permission.

 

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

Yes. Section 29.21 of the Copyright Act permits anyone (not just instructors and students) to create what is commonly referred to as a mash-up. However, the following conditions must be met:

  1. the new content must be for non-commercial purposes,
  2. the original source(s) must be mentioned (if reasonable to do so)
  3. the original work(s) must have been legally acquired
  4. the resulting user-generated content must not have a "substantially adverse effect" on the market for the original work

The mash-up may be posted on YouTube or on a website.

 

Can I post or use work by a student in a class, workshop, or website?

You must obtain written permission from the student. Any original student-generated content such as an essay, artwork, website or video is copyright protected.

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