Use of copyright materials at Lethbridge College is covered by both the Canadian Copyright Act, the College's Intellectual Property Policies (6.16 - Intellectual Property and Copyright Ownership -Administrative & 6.17 - Copyright Compliance -Administrative), and various agreements and licences entered into by the College with copyright owners and representative organizations. The Copyright Act is the legislation in Canada that sets out what you can and can't do with other people's copyright materials. Copyright represents the protection of the physical presentation of materials.

In order to determine whether what you want to do is permissible, you therefore need to check that you comply both with the Copyright Act and with any agreements or licences covering that the work in question. You should ask yourself:

• Is the work in question covered by a licence agreement such as a licence with a publisher (e.g. McGraw-Hill, Pearson Education), Creative Commons licensing, and so on. If so, is what I want to do permissible under those agreements?

• If not, is what I want to do covered by the Act, under one of the Fair Dealing Exceptions (See Section 29 of the Act).

If you're not covered by the Copyright Act, or any other specific licences, you'll need to have the IP Office get permission for what you want to do from the copyright owner.

Copyright protection applies to all original, dramatic, musical, literary, artistic works, including sound recordings, performances and communication signals, databases, websites and of course the content of those websites.

Original is broadly defined as meaning a work has not been copied from another. While there is no requirement in the Act for the expression of an idea or concept to be novel (new as for a patent), the expression of an idea must originate from the creator. Some guidelines to follow when trying to express an idea or concept in an original way include:

- the work must originate with the creator (i.e. you)

- the work must not be a copy of another work

- the work must be the result of an independent, creative effort rather than a mechanical or automatic arrangement

- the creator must use skill, experience, labour, taste, discretion, selection, judgement, personal effort, knowledge, ability, reflection and imagination (Harris, 2001, p. 19)

In Canada, copyright protection arises automatically when any one of the above types of works is created and generally continues for 50 calendar years after the author's death, though this can depend on the type of work and where you want to use it. When you want to use a particular work in Canada, the safest approach is to assume that the work is protected by copyright, unless there's a clear indication to the contrary.

Copyright gives the copyright owner a number of legal rights, such as the right to copy and translate a work. These rights are qualified by certain exceptions which balance the copyright owner's interests with the public interest in allowing use of works for purposes such as education and research.

Fair dealing is an exception in the Copyright Act which allows you to use other people's copyright material for the purpose of research, private study, criticism or review, provided that what you do with the work is 'fair'. Whether something is 'fair' will depend on the circumstances. Courts will normally consider factors such as:

• the purpose of the dealing (Is it commercial or research / educational?)
• the amount of the dealing (How much was copied?)
• the character of the dealing (What was done with the work? Was it an isolated use or an ongoing, repetitive use? How widely was it distributed?)
• alternatives to the dealing (Was the work necessary for the end result? Could the purpose have been achieved without using the work?)
• the nature of the work (Is there a public interest in its dissemination? Was it previously unpublished?)
• the effect of the dealing on the original work (Does the use compete with the market of the original work?)

It is not necessary that your use meet every one of these factors in order to be fair and no one factor is determinative by itself. In assessing whether your use is fair, a court would look at the factors as a whole to determine if, on balance, your use is fair. For more guidance on how to apply the fair dealing factors to your particular circumstances, please contact the IP Office.

If, having taken into account these considerations, the use can be characterized as 'fair' and it was for the purpose of research, private study, criticism or review, then it will fall within the fair dealing exception and will not require permission from the copyright owner. In addition, if your purpose is criticism or review, you must also mention the source and author of the work for it to be fair dealing.

Please note - it's important to distinguish 'fair dealing' from 'fair use'. The fair use exception in U.S. copyright law is NOT the equivalent of fair dealing in Canadian law. The wording of the two exceptions is different. Therefore it is important to make sure that you follow Canadian law.

In general, the copyright laws in the Canada and the U.S. are different in some very significant ways. For example, the U.S. has a provision known as 'fair use' which is different from the Canadian equivalent ('fair dealing'). For example, the U.S. provision specifically refers to teaching, and making multiple copies for classroom use, whereas the Canadian provision refers to research, private study, criticism and review. Again, you are required to follow Canadian law

How long copyright lasts depends on which country you are in. In Canada, copyright generally lasts for the life of the author, plus 50 years. By contrast, in the U.S. and Europe, copyright generally lasts for the life of the author plus 70 years, though it can differ depending on factors such as the type of work, the manner of publication and the date of creation. Generally, use of a work in Canada is governed by the Canadian rules for the duration of copyright protection.

For example, although the copyright in Shakespeare's plays expired long ago, many of the published editions of his plays contain added original materials (such as footnotes, prefaces etc.) which are copyright protected because the authors have used skill and judgment in creating the new material. This creates a new copyright in the added original material, but not in the underlying text of the original work in which the copyright had expired.

And don't assume that everything you find on the internet is in the public domain just because it is publicly available. Most of the material you find online is protected by copyright, however, you may nonetheless be able to use it for educational purposes because many uses will be covered by fair dealing. When using online materials, you should make sure your use falls within fair dealing or is covered under the permissions given in the website's 'Terms of Use', or 'Legal Notices' section. For assistance contact the IP Office.

NOTE THAT "Public Domain" and "Publicly Available" are terms that are commonly confused or used interchangeably.

• Public Domain refers to:
  • materials whose term of copyright protection has expired;
  • materials that do not qualify for copyright protection (e.g. single words, short phrases);
  • materials that have been placed in the public domain by the legal copyright owner (e.g. Creators of computer programs or authors of scholarly works will sometimes decide not to exercise the copyright in their works and allow their works to be freely copied by others.)

All materials in the Public Domain may be freely reproduced, distributed or modified for virtually any purpose without the usual legal requirement of obtaining the copyright owner's permission, or without providing any compensation to a copyright owner.

• Publicly Available refers to:
  • materials that are freely available to everyone. For example pamphlets in government or doctors' offices, many materials on the internet, and so on;
  • materials still require the permission of the copyright owner before they can be copied, or distributed in most situations.

If your use isn't permitted by a licence or one of the exceptions within the Copyright Act, then you will need to have the Intellectual Property Office request permission on your behalf. The permission must come from the copyright owner so the first step is to identify who the copyright owner is and whether there is an organization that represents the owner. There are a number of copyright collectives who can provide the permission (in the form of a licence) on behalf of the copyright owner to use their work. So, for example, if you want to use music and your use doesn't fall within any of the Copyright Act's exceptions, then the IP Office would contact a collective such as such as SOCAN, CMRRA or NRCC that administer copyright in music.

Please see the Copyright Permission Process for more information on this or contact the IP Office.

It is important to note that many copyright owners will give permission to academic use without requiring payment.

Moral rights are broken down into two separate rights, the right of "association" and the right of "integrity."

The right of association is the right of the creator to the associated (or not) with their work.

The right of integrity is the right to have their work retain its original intent and expression, and not to be used in a way that is detrimental to the professional reputation of the creator. Harris (2001, p. 119) states that "…the author's right to the integrity of their work is violated if the work is, to the prejudice of the honour or reputation of the author, distorted, mutilated, or otherwise modified."

Moral rights are always retained by the creator of a work. They can be waived (in writing), but cannot be assigned to someone else.

Photocopying and scanning is sometimes permitted under fair dealing or another exception in the Copyright Act, but it is essential that you contact the Intellectual Property Office to help you determine this as the answers will depend on the specific situation.

Ownership of works you create are governed by the College's Intellectual Property and Copyright Ownership Policy (6.16 - Intellectual Property and Copyright Ownership -Administrative). Please contact the IP Office for further information.

Please see "What Does Copyright Cover".

It can vary widely from as little as 1 day or less to more than a year. It is wise to allow at least 4 – 6 weeks for obtaining copyright permission. Much depends on the type of work for which permission is being sought, who the copyright owner is, and the type of use being made of that material.

With permission from the copyright owner, yes this can still be done. The Intellectual Property Office will apply for the permission to do this with the copyright owner. Please follow the permission process.

If for example, the material is considered to be 'supplemental' reading (i.e. reading material that is not required of a student), then it may be possible to place this material on reserve in the library under the Fair Dealing exception of private study and personal research for the student to read and copy if they so wish.

Materials that are considered to be required reading for a student may under certain circumstances be placed on reserve. For further information on this, please contact the IP Office or the Buchanan Library.

Note: The library reserves the right to refuse to accept any material for placement on reserve.

The copyright to these types of materials are owned by organizations such as the Canadian Standards Association (CSA) even though the codes themselves originate in government legislation and/or regulations. To reproduce these types of material, permission must be obtained from the copyright owner. Please contact the Intellectual Property Office to initiate the permission request process.

As a general rule, materials found on most Canadian government websites can be reproduced without initiating a permission request process. Many times, that permission is already contained within statements contained in a 'Terms of Use' or 'Legal Notice' section on the website. For example under the 'Important Notices' section on the Canada Intellectual Property Office website the terms and conditions of their Copyright/Permission to Use are clearly stated (http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00009.html#d

Because not all levels of governments permit this type of use and not all materials on these websites are covered by these types of permissions, it is important to check each site to ensure that the material you wish to use falls under, or is covered by, the permission statements on the sites.

No, there will be no impact as a result of the discontinuation of the ACCESS Copyright licence. As long as the textbook is adopted, then usually the resources that accompany an adopted text can be used in a variety of ways (e.g. used in paper formats, upload to the LMS).

Once that text is no longer adopted for a course, those resources can no longer be used without having permission in place from the copyright owner. Please contact the Intellectual Property Office to initiate the permission request process if you wish to use.

You could consider using an e-text. Ask the bookstore about getting your required text in e-book format. Also the library will assist you in locating and providing access to supplemental text material in digital format contained in their periodical databases.

Yes, the use of these materials will be impacted if that material was cleared for use under the ACCESS Copyright licence a new permission agreement with the copyright owner will need to be obtained. Please contact the Intellectual Property Office to initiate the permission request process.

Generally, you may include other people's works in your classroom presentations without having to get permission or pay a fee provided there's no commercial version available. Under the educational exception in the Copyright Act, you may make copies of works to display in class on College premises for educational purposes provided there is no commercially available version of the work in a medium that is appropriate for the purpose.

If you want to include works: in a PowerPoint presentation outside of the College, for example, to a community forum; or post the presentation online; or give copies to your students, you may only do so if your use of the material falls within the "fair dealing exception" or "have permission from the copyright owner". Please contact the Intellectual Property Office for further information and/or to initiate the permission request process.

Yes! The Copyright Act allows you to play a sound recording or live radio broadcasts in class as long as it is for educational purposes, not for profit, on College premises, before an audience consisting primarily of students.

It depends. You can play videos in class in the following circumstances:

• If your video has Public Performance Rights (PPR) included.
  • Any videos purchased by the Library have the required PPR, so you can show these videos legally.
  • Any personal feature film videos legally obtained (i.e. you purchased it or borrowed it from a video rental store, public library) can be shown in the classroom under the terms of the College's licence with Audio Cine and/or Criterion. These licences cover most major film studios.
    • To confirm if the particular title you wish to show is covered, please check to see if the studio and/or distribution company are listed under the studios represented by Audio Cine or Criterion. (Note: a complete listing of covered studios will be provide as soon as the new licence agreement arrives. In the meantime, please contact the Intellectual Property Office to confirm coverage for that particular video title).
    • Contact the Intellectual Property Office for assistance.

• If you want to show a television news program – Under the Copyright Act, educational institutions (or those acting under their authority) can copy television news programs and play them in class to students provided it is done within a year of the program being aired, however, documentaries and films are not covered by this exception.

• If your video does not have the PPR or is not one covered by the above licences, please contact the Intellectual Property Office for assistance.

Generally yes. The fair dealing exception allows students to use works for research, private study, criticism or review. So provided the student is including the work for one of these purposes, and acknowledges the author and source of the material, and the use could be characterized as fair, bearing in mind the fair dealing factors outlined above, it will likely be covered by the fair dealing exception.

There are some exceptions in the Copyright Act for educational institutions which allow copying and display of materials for educational purposes, but at present they are very limited. They cover displaying material in class on campus, reproducing material for exams, playing music and news or current events programs, and doing live performances of works. The fair dealing exception might also cover some such uses.

While not a database, there is a wealth of material out there which is either in the public domain or available under what is known as Creative Commons licensing, which generally means the work is available for free, subject to certain limited conditions, such as non-commercial use only and acknowledgment of the author.

Your best approach – search on the internet for these types of materials, work with the Intellectual Property Office to determine the types of use permitted for content you locate.

Yes there is a significant difference. Posting something on your own website means your use of that material would not be covered by any of the College licences. By contrast, Angel is a password protected, secure website accessible only by students. In some cases, making material available on Angel will be covered by a licence obtain by the Intellectual Property Officer or by using a persistent link to materials in one of the library's electronic databases. There are also other options such as Public Domain materials, or some Creative Commons materials that can provide for this type of use as well.

Similarly, emailing copyright materials to your students may be covered by the Fair Dealing exception within the Act, one of the College's licences, or perhaps a Library exception within the Act. However, some good, risk-free alternatives are to have students research and find material(s), create a persistent link to materials in the Library's periodical databases, have qualifying materials placed on reserve in the Library so that the student can access it through the Library or through Inter-Library loan.

The licences for many of the e-journals provided by the Library may allow instructors to upload articles into secure course management systems such as Angel. A persistent link is the best way to ensure access to the most recent version of an article. Linking to the article also allows the Library to track use and obtain data about the importance of a particular journal to the campus.

You are free to create a persistent link yourself, or you might want the Library to do this for you. A persistent link will ensure that your students get to the right articles quickly and without frustration. Contact the Buchanan Library for assistance.

While uploading and linking to articles in Angel may be permitted by the licences, it is important to remember that licences generally do not permit you to upload to a website, or create links on a website, that is not part of the College's secure network, and that is open to the world at large. None of the licences that the Library has with publishers allows for uploading to, or linking from, websites that allow access without authentication.

Yes - the Library and EET are happy to work with you to put feeds to the most currently published material into your courses.

Direct linking to content on open-access websites can be an effective way of providing important content to your students. Providing these direct links is not making a copy of the content, so is not a copyright violation per se. It could however be a violation of the Terms of Use for a particular website. Before you provide these direct links to your students, fellow employees, and so on, answer the questions below to determine if you can provide that direct link.

1. Is the site content you wish to directly link to open access, or is it one where access to content is restricted by a password or subscription?
2. If the answer is that the content is behind some form of restricted access (e.g. password, subscription, members only area), then do not provide the direct link without first obtaining the permission of the rightsholder.
3. If the answer is that the content is open access, then checking the following sections and information on that website will assist you in knowing whether you can, or cannot, provide a direct link to any of the content.
   • Read the Terms of Use, Legal Notices sections of the website. These areas will tell you what you can or cannot do with the content on the site. For example, you may be able to provide a direct link to content provided you use a particular link format stipulated by the website. Alternatively, they may have a statement that states that linking to content on that site is prohibited. There is no universal standard on the language used in these sections or on the terms of use for a given website. They are all different.
4. Is there a “Share” or “E-mail” link or button on the content you wish to directly link to?
   • Typically this type of link or button on content would indicate that could directly link to the content. You should however, still check the Terms of Use and Legal Notices sections before providing that direct link just to be sure there are no restrictions or conditions that would apply to your particular situation.

Note though, that providing a ‘Persistent” link to content within one of the Buchanan Library’s periodical databases does not require you to go through the above steps. Those database subscriptions come with the necessary permission already in place for you to use a persistent link.

As always, feel free to contact Leah Berkhoff in the IP Office with any questions you may have. E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it // Office: TE1253 // Tel: 403-320-3202 Ext. 5223

You can now embed a YouTube video in your course content, provided you use YouTube's own ‘Embed’ option or ANGEL's equivalent YouTube 'Embed' option and follow the copyright guidelines below.

 

Additional Information

YouTube has changed their Terms of Use for embedding videos. If the embed link is included under the “Share” button with the video, you are allowed to embed it in your Angel course. Here is more specific information from the YouTube site:

YouTube's updated Terms of Use now state in part:

"YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

• A. You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
• B. You agree not to alter or modify any part of the Service.
• C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate."

Discretion should be used making use of the embed feature, as you still need to be fairly confident that the video you wish to imbed has been uploaded to YouTube with the permission of the appropriate rightsholder. For example, the National Film Board (NFB) of Canada has their own channel on YouTube. If the NFB has provided YouTube's embeddable player link on a video that appears on their channel, then you can be assured that the video has been uploaded by the NFB itself, and you can go ahead and embed that video in your course content. If however, you find a NFB video on someone's else's YouTube channel, then you need to question whether or not that individual had the permission or right to upload that NFB video. While the individual may, or may not, have the NFB's permission, it can be extremely difficult to determine that in a short timeframe, so you would be advised to not use the embed link on that channel for that particular video.

You should go through this same evaluation process for any of the materials on YouTube (or any other similar type of website) that you wish to embed in your course. Additionally, evaluating the Terms of Use for any website is an important step in determining what you can or cannot do with the content on that website. Please contact the IP Office for assistance if you have any questions or concerns about a site's Terms of Use.

Absolutely

It depends. In some cases, textbook publishers will allow you to include copies of figures in your PowerPoints and online classrooms, but usually only when the textbook is a required text for the course.

Please note that just because you acknowledge the author and source of a work doesn't mean you won't be liable for copyright infringement. Acknowledging the source is no defence if the way in which you've used the work is not permitted under the Copyright Act or one of the licences maintained by the College.

Scanning material and posting it online is not permitted without having the permission of the copyright owner. The fact that ANGEL is password protected does not mean you may post anything you want on it. Even password protected websites may be considered public communication because the communication is not 'private', it's just to a specific segment of the public.

It depends on what you want to do. Materials on the internet are treated the same under copyright law as any other copyright materials, so if you want to use them, you have to either fall within one of the Act's exceptions (such as fair dealing) or have permission from the copyright owner. You should check the website's 'Terms of Use', or 'Legal Notices' section to confirm what conditions apply to use of the website's material. Many websites will allow non-commercial educational use of their materials. Please contact the Intellectual Property Office for assistance.

Generally no, but you should check the website's 'Terms of Use' section to see whether it has any specific linking prohibitions. If there are none, you may link to the main URL of the website and sometimes to the contents of the website, but make sure that the webpage opens up in a different browser window. Contact the Intellectual Property Office for assistance or further information.

Only if you have the student's permission. See Lethbridge College Intellectual Property policies (6.16 - Intellectual Property and Copyright Ownership -Administrative & 6.17 - Copyright Compliance -Administrative).

Please see the Forms. Due to the variables involved with the use of a student's work and in particular the Consent for Use of Personal Image and Information forms, please contact the Intellectual Property Office or the FOIP Coordinator for assistance and further information.

As a general rule yes.

Generally yes, though there are a few small exceptions. Contact the Library Reference Desk for more information.

Yes, you are free to create a direct link yourself, although you might want to consider reasons to have the Library do it for you. As well as saving you time, there are two advantages to having the Library create the link. The first is that Library staff will ensure that authentication is taken care of. The second advantage is that Library staff will prepare a "persistent" URL that will ensure your students get to the right articles quickly and without frustration.

The College contracts with a variety of vendors and publishers to provide users with thousands of electronic resources through their periodical databases costing thousands of dollars per year.

In addition to paying for these resources, the Library negotiates license agreements that stipulate how and by whom a given resource may be used. Users must be currently registered faculty, students, or staff. Only these individuals will be registered with the proxy server for off-campus access. Access for the general public is made available through terminals within the Library.

If license terms are violated by anyone, licensors may temporarily suspend access for the entire university community. In cases where a resolution cannot be reached, the vendor may have the right to permanently revoke a license and access to the resource.

You can help prevent such problems by adhering to good practices and avoiding improper use. Here are some rules of thumb.

GREY AREAS: Some license agreements make express allowances for electronic reserves, course packs, multiple copies for classroom use and interlibrary lending. Other licenses may prohibit one or more of these activities. Please contact the Library's Reference Desk for further information and assistance.

The Library has articles electronically transmitted to it from other libraries, and the current practice is that the Library then makes the articles available to the requestor in print.

If you want to scan something, you may only do so if the use falls within one of the exceptions in the Copyright Act such as Fair Dealing, or the permission of the copyright owner is obtained. Please contact the Intellectual Property Office for further information and assistance.

Yes. You can still provide course packs, but any third party materials will have to be cleared under alternate permissions as a result of the discontinuation of the ACCESS Copyright licence.

For more information and assistance related to the discontinuation of the ACCESS Copyright licence, please contact the Intellectual Property Office or review the Information Letter.

Please contact the Intellectual Property Office to initiate the Permission Request Process.

Aside from the standard legal obligation to abide by copyright law, Grenville staff is further obligated to adhere to their own company policies, which in this case sets out very specific criteria for Grenville staff. Any job submitted to Grenville is reviewed by their staff for third party materials. If your print order contains third party materials, you will need to provide proof to Grenville that the appropriate permission has been obtained. Please ensure that you contact the Intellectual Property Office to ensure you have the necessary permission in place.

Not necessarily as much depends on the terms and conditions of the specific permission received from the copyright owner. Please contact the Intellectual Property Office to review the terms and conditions of the permission specific to the materials you are interested in using.

For most copyright questions, contact the Intellectual Property Office. If your question is related to the Library's databases, please contact Fiona Dyer in the Buchanan Library.

This information will be included on the website at a later date. Please check back regularly.

To see if the library licenses a particular newspaper/periodical title
Enter the title here to see if there is a digital copy.
http://alc.findit.talonline.ca/tal/azlist
Check the library catalogue for a print copy:
http://library.lethbridgecollege.ab.ca/vwebv/searchBasic?sk=en_US

Yes there definitely is. The Intellectual Property Office is responsible for obtaining all copyright permissions for third party materials used at the College. Please contact the Office at:

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Tel: 403-320-3202 Ext. 5223
Fax: 403-317-3592
Office #: TE1253

You can always contact the Intellectual Property Office and there are many websites with abundant information about copyright. Some useful resources include:

Canadian Association of Research Libraries – Copyright Project -
http://www.carl-abrc.ca/projects/copyright/copyright-e.html

Creative Commons - http://creativecommons.org/

Canadian Copyright Board's list of copyright collective societies -
http://www.cb-cda.gc.ca/societies-societes/index-e.html

World Intellectual Property Organization - http://www.wipo.int/portal/index.html.en

Copyright matters - http://www.cmec.ca/Publications/Lists/Publications/
Attachments/12/copyrightmatters.pdf