Fair Dealing Guidelines for Instructors
1. 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 that is password protected or otherwise restricted to students of a school or post-secondary educational institution;
c) as part of a course pack.
2. A short excerpt means:
a) up to 10 per cent 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 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.
Check the Fair Dealing Decision Tool developed by the Copyright Consortium of the Council of Ministers of Education, Canada. The tool will help you determine whether a specific intended classroom use is allowed under Fair Dealing guidelines.
The Copyright Act permits showing an audiovisual work such as a DVD or video as long as the work is not an infringing copy or the person responsible for the showing has no reasonable grounds to believe it is an infringing copy.
Instructors can show audiovisual works purchased or rented from a retail store, a copy borrowed from the library, a copy borrowed from a friend, and a YouTube video.
IMPORTANT:
Showing movies from subscription services in the classroom is governed by the terms of the agreement between the subscriber and the subscription service.
If the agreement provides that use is limited to “personal” or “household” use, for example, then classroom use is NOT permitted under the agreement. This generally includes streaming or digital videos from services like Apple TV, Disney+, Amazon, and the Google Play Store.
The Copyright Act does not permit screening a video without a licence if there is no intent to use the video for study or research.
A copy of a musical score copied from a work containing other scores can be distributed in class for the purposes of educational use. The copy must include citation and distribution must be limited to students in the class only.
Sound recordings (CD, audio files) can be played in the classroom without an additional public performance licence as long as the recording is:
As with videos, the source of the audio must be legal (commercially available). Uses outside of the classroom (e.g. an open event that can also have members of the public in the audience) usually require the acquisition of a licence from SOCAN (Society of Composers, Authors and Music Publishers of Canada).
YukonU Library provides access to video streaming databases that are licenced for educational use, including in-class streaming. Check options below:
"Material created at the University is a property right of the author(s) subject to any modification or limitation set out in this policy, the application of Article 61 of the Collective Agreement, or any stipulations imposed by contractual obligations to parties external to the University."
According to article 63.02, "where the employee(s) holds the copyright pursuant to 61.01 (a), the University shall have a right to use the employee(s) copyrighted materials in perpetuity, free of charge, for University purposes subject to the University’s obligations under applicable privacy legislation and third - party rights . The University may amend and update the copyrighted materials with the approval of the employee(s) holding the copyright to the material, such approval to not be unreasonably withheld or without the employee’s ap proval should the employee no longer be employed at the University and the material supports course teaching and/or delivery. Such changes will be duly noted as made by Yukon University."