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Copyright for Educators: Copyright for Instructors

This guide provides information about copyright in the classroom. This guide is not a substitute for legal advice.

Disclaimer

Please note: This guide does not provide legal advice. It is intended to give guidance about acceptable use of copyright protected materials.

Digital Locks

What is a digital lock?

A digital lock means any effective technology, device or component that, in the ordinary course of its operation, controls access to a work, a performer's performance fixed in a sound recording or a sound recording, and whose use is authorized by the copyright owner. For example, content on Netflix is behind a digital lock. 

What Can I Copy/Include...?

Can I copy portions of published works to use as class handouts? 

YES:

a single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a a class or course at KPU as a class handout. To see the definition of a 'short except' click on the 'Fair Dealing'  tab

If the source is:

A print item or e-book: copying is permitted without the permission of the copyright holder provided that the amount copied falls within the parameters of fair dealing. You are permitted to copy or adapt all or part of a work that has expired into the public domain. If the item has a Creative Commons license then you can do with it what the license allows.

The Internet: copying is permitted unless the site is protected by a digital lock (i.e. a password) or there is a clearly visible notice denying reproduction for educational purposes. The source must be cited. Do not copy works that you suspect have been posted online without the consent of the copyright holder.

A Library database: use of licensed materials is governed by contractual agreement. Check the library site for terms of use before copying.

Class handouts can also be emailed to students.

Under Fair Dealing, 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.

However, the course must be password protected or otherwise restricted to, and accessible only by, students in the specific course, unit or program.

Can I scan a print article or chapter from a book to a PDF and post to my course website?

As long as you adhere to the amounts that may be copied under Fair Dealing you may scan and post it on your course website.

It is important to note that Fair Dealing does not allow you to scan material and add it to a website unless that website is password protected and restricted to students enrolled in your course. If you want to scan a copyright protected work for inclusion on an open website, you will need to obtain permission from the copyright owner or use materials with an Open license.

If you do post copyrighted material, copied under fair dealing limits, it is good practice to include a clearly visible notice on all materials you post that states:

This item has been copied under the Fair Dealing provisions of the Copyright Act

What About Library Licensed Databases?

Use of licensed materials is governed by contractual agreement. Check the Library site for terms of use before copying.

Best Practice:

What About Images?

Permitted uses: 

  • Posting to your course management system (proper attribution required) and some restrictions apply.

Non Permitted Uses:

  • Posting to a public website

Click on the 'Images' tab for more information.

What About YouTube or Streamed Video?

Videos found through the library resources (like Films on Demand) should be linked directly.

Free online video sites (including YouTube) can be embedded in your course website. The videos must have been legitimately posted; the site must not contain an explicitly worded prohibition against copying.

Sites behind a personal digital lock (like Netflix or Prime Video) cannot be shared or shown in class.

For more information click on the 'Audiovisual Resources' tab.

What About Material From the Internet?

Reposting a work from the Internet to a password protected course website is permissible, as long as you follow the following rules (which are derived from section 30.04 of the Copyright Act):

  • the material is publicly available through the Internet
  • you did not break or circumvent a digital lock (e.g. a password)  to access or obtain a copy of the work
  • there is no clear and visible notice on the website or on the material itself that prohibits the use or reproduction of the material (the notice has to be more than just a copyright symbol)
  • you do not suspect that the material was posted without the consent of the owner of the material (e.g. the website is generally reputable and the person who posted the material appears to have a connection with the content

For more information click on the 'Internet Resources' tab.

Acknowledgements

Content from this guide adapted from KPU Copyright Guide under creative commons license. 

Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 4.0.