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Copyright Guidelines

Learn more about copyright, Creative Commons licenses, and guidelines for using materials in class.

Fair Dealing Guidelines

COPYRIGHTED WORK

Unless otherwise stated, copyright will apply for every original literary, dramatic, musical and artistic work for "the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year (Copyright Act)."

The fair dealing provision in the Copyright Act allows students to copy either in paper or digitally:

  • one chapter or up to 10% of a copyrighted work
  • one article from a journal issue
  • one article or page from a newspaper issue
  • one entry from a reference work (e.g. encyclopedia, dictionary)

The fair dealing guidelines apply as long as the copies are made for the purposes of education, private study, research, review, criticism, parody, satire, or news reporting. Under these circumstances, you may also reproduce an online work (image or text) and communicate to other students as long as there is no notice prohibiting copying and no password protection or regional encoding exists for the material.

If the use of the copyrighted work does not fit in these categories (e.g. inclusion in a personal publication that is made with commercial intent, distribution of the work outside of an educational context, etc.), fair dealing no longer applies and you will have to contact the author to obtain permission to use the work.

All works copied must be legally obtained.

OTHER WORKS

  • Works in the public domain:
    • Generally, works identified as public domain (e.g. when copyright has expired) can be used and copied without permission from the copyright owner. However, citation and/or attribution to the original author is still required.

    • One caveat to consider with public domain works is that many have been published in new editions that contain added commentaries, footnotes, prefaces, etc. In such cases, copyright will apply over the added original material, though the underlying text is still in the public domain.
  • Creative Commons:
    • Depending on the type of CC licence, the work may be copied, modified, adapted, and/or distributed without permission from the original creator. However, it is important to consider that Creative Commons permissions vary. For example, some licences allow for modification and distribution of material, while another licences only allow for use but without modifications. To learn more about Creative Commons licences, check this page.

Fair Dealing Decision Tool

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.

 

Fair Dealing Decision Tool: http://www.fairdealingdecisiontool.ca

Who owns copyright of student work?

Students own the copyright for the work they create. Students may provide authorization for further use of their work, or they may opt to licence the work with a Creative Commons licence.

Using Images

The Copyright Act sections 29.4 - 30.04 establish exceptions for Educational Institutions regarding the reproduction for instruction, training, and examinations. Under this section, reproducing an image, either available in print or online, for the purpose of education or training is permitted under certain conditions. Instructors and students must comply with the Fair Dealing principles, give attribution to the source of image, and use images that are not protected by TPM (Technological Protection Measure).

You may:

  • Use an entire image from a compilation of images (e.g. an image retrieved in a book that contains other images; an image from an online gallery), or up to 10% of a stand-alone image (an image that is not part of a compilation).
  • Reproduce an entire image from the Internet as long as there is no notice that indicates copying is not permitted. If a notice prohibiting copying/distribution exists, you must obtain permission from the creator before using the image.

Citation/attribution are required for copyrighted images. We recommend that you provide attribution even if attribution is not required (e.g. with images licenced as CC0).

Images from Google

A little advice from Google:

"Before you reuse content, make sure that its license is legitimate and check the exact terms of reuse. For example, the license might require that you give credit to the image creator when you use the image.

We recommend that you:

  • Use the "Usage rights" filter to find images that have license information attached to them. Google filters images by license based on information provided by the sites that host those images, or the image provider.
  • Always confirm an image's license information. You can follow the "License details" link and review it for accuracy with both the license's provider and the image's host site."

This implies that not all images available via Google can be reused. Make sure to go to the original site where the image is located and confirm the terms of use.

Finding Images licenced with Creative Commons

There are other ways to find images that are licenced for reuse and adaptation. Check our OER Page to see some alternatives.