Copyright is the "right to copy". Copyright belongs to the creator, giving creators the right to control how their work is used – who can copy it.
The Copyright Act provides rules for use that strive to balance creator rights and users' rights. Copyright legislation varies by country. However, there is consistency and agreed upon international minimum standards for copyright through membership in the World Intellectual Property organization (WIPO).
As of 2016, 189 countries were signatories, agreeing to abide by the international agreements and standards set by WIPO.
The purpose is to present guidelines that can be applied to common activities in a post-secondary institution. The guidelines outline some of the activities that can be conducted without infringing copyright with the objective of giving guidance that will support independence in making some fair dealing decisions.
Yes you can. You should contact the publisher (copyright owner) for permission if you would like to copy a substantial amount of any copyright protected work. See NSCC’s fair dealing guidelines for amounts you can copy without permission.
No, a copy is a copy.
The book may still be under copyright protection. Copyright protection still applies to out-of-print works. Copyright lasts for life of the creator plus 50 years.
Permission must be sought from the publisher (or in some cases the author, when the book has been out of print long enough for the rights to have reverted back to the author) to reproduce the work. A short excerpt may be copied under fair dealing.
Works enter the public domain when the term of copyright protection for a work expires. In Canada, copyright protection lasts for 50 years after the death of the creator. When a work is in the public domain, it may be used for free without permission.
Both the individual and the college could be held liable for any copyright infringement. Penalties can range from a fine to jail time depending on the severity of the offense
The Copyright Act includes a section that allows teachers and students to use publicly available materials on the Internet for educational purposes. However, there are some requirements:
You may show a television program or play a radio broadcast while it's being aired. You may also show content that broadcasters make available on their websites or YouTube channels.
You may make temporary copies of news and news commentary programs to show to students.
Note: NSCC has a license to many CBC news programs through the Curio.ca streaming video platform.
Yes, there is a difference. Copyright protected content should always be posted to password-protected sites (For example D2L, SharePoint) that are restricted to students and staff. The user exceptions and licence agreements that cover our use of copyright-protected content require us to limit the sharing of the content to authorized users within the college.
Yes if it is for a fair dealing purpose (e.g. to facilitate in students' study or research in a course). Please refer to the NSCC Fair Dealing Guidelines.
Not sure if fair dealing applies? Share the content by sending a link to the article.
It depends on the terms and conditions of the purchase. The license terms with some publishers, like Harvard Business and Ivey, do not permit copying. They provide the option to reproduce at additional costs.
You may show a YouTube video in class if it is made available legitimately. It is uploaded by or with permission from the copyright owner).
You have options. You may be able to find an authorized version of the content you want to use in NSCC Library licensed streaming video collections or loaded by the content owner into YouTube.
It depends on the terms and conditions of use. Just because a podcast is freely available on the web doesn’t mean that you can play it in class or in public. Some websites such as CBC provide podcasts for personal, non-commercial use and allow linking to their resources but playing them in class is not permitted. Check the terms and conditions on the website of the digital resource you want to use.
Based on the Federal Court’s 2004 decision related to P2P, it appears that users may not be liable for downloading or copying music for private use but individuals could be held liable for uploading or distributing copyrighted content. If you want to play music in class or provide it to your students to listen, it is recommended that you use legal, commercial resources.
It depends on its terms and conditions of use. Some publishers allow printing out one copy for internal use within an organization but don’t permit reproduction or further distribution of the material. A different price may be offered for making multiples copies for educational uses. Check with the publisher if in doubt.
Yes, the Copyright Act includes a section that allows teachers and students to use publicly available materials on the Internet for educational purposes. However, there are requirements to follow. For more information go to the section in this guide on Other Copyright Exceptions.
The Copyright Act includes a section that allows teachers and students to use publicly available materials on the Internet for educational purposes.
However, there are some requirements:
Yes, the Copyright Act includes a section that allows teachers and students to use publicly available materials on the Internet for educational purposes. However, there are requirements to follow. See question on using copyrighted materials in the classroom.
It depends on whether the use falls under fair dealing. If you are creating a poster as a course assignment, it is likely to be fair. On the other hand, if you are using images on a poster to advertise an event, it may be less fair and permission from the copyright owner is recommended.
There are Creative Commons licensed images available to use without permission on the Internet as long as attribution is provided.
Yes, you may play music or other sound recordings in the classroom for educational or training purposes as long as it is a legal copy. The recording must take place on the premises of the educational institution, must not be for profit, and be primarily for an audience of students and instructors.
The amended Copyright Act allows making a backup copy of a work you own and copying a work into another format or device for personal uses.
You may show a film in the classroom for educational or training purposes. The work has to be a lawfully acquired copy (can be a copy owned by an individual or borrowed from the library) and must be shown to primarily students in the audience. Infringed copies (e.g. downloaded from a pirated copy on the Web) should not be used.
Section 29.5 of the Copyright Act permits the performance of a copyrighted material (e.g. in the classroom, a concert or a play), primarily by students, on the premises of an educational institution for educational or training purposes and not for profit. This provision may not apply to a performance at an off-campus venue that is not at an educational institution. A SOCAN license for music performance may be obtained. Check with SOCAN or your Campus Library for more information.
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