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Copyright @ NSCC

Copyright information for NSCC faculty, staff and students.

Using Copyright Protected Materials in Class ~ Information for Instructors

Course Packs and Class Handouts

Model academic integrity for students. Give credit and cite the original source on all handouts. 

You may provide handouts of a short excerpt from a copyright protected work to:

  • Students in a class or course.
  • A learning management system that is password-protected, restricted to NSCC students, faculty and staff.
  • A College network that is password-protected, restricted to NSCC students, faculty and staff.

The amount of content copied must be fair.

NSCC faculty, staff and students should follow the NSCC Fair Dealing Guidelines on copying or communicating copyrighted works. 

  • Under the Fair Dealing Guidelines you may copy:
  • up to 10% of a work or
  • one chapter/article from a work.

Need to copy more than NSCC Fair Dealing Guidelines recommend?

Please consult with your Campus Librarian for assistance.

Copyright & D2L

Copyright rights and responsibilities apply to your use of D2L. You have the same education users’ rights teaching in D2L that you have in the physical classroom; and the same responsibilities to use content in a manner that meets the conditions set in NSCC Policies and the Copyright Act.

Full copyright protection is the default license attached to works. While facts are not protected by copyright, the expression or representation of facts can be. So be careful, copyright applies to all content you find on the internet (including photographs and visuals) as well as more traditional print and audio-visual sources.

Making a Digital Copy

You can make a digital copy of a print resource to load into D2L when:

  • Your copying qualifies as fair dealing or;
  • You have permission from the copyright owner

Links

Sharing links to content on the web (as an alternative to copying) is a recommended practice as long as the content on the website is

  • Posted by the copyright owner or;
  • With the permission of the copyright owner.

Loading Recorded Lessons

Educational institutions can transmit lessons to students in real time over the Internet or make a recording of a lesson available on-line. However, there is a requirement to remove access to the recorded lessons within 30 days of students enrolled in the course receiving their final evaluations.

When the course is finished, instructors should remove their lessons and content from D2L, and save the files in a private location.  When the course is offered again, create a new class in D2L and load the saved content. You may reuse the saved versions of  lessons from previous courses.

Digital Locks

A digital lock is a technological protection measure (a password, or encryption) that restricts access to the content with the objective of protecting the content from copying.

The Copyright Act prohibits breaking a digital lock. Always! The presence of a digital lock trumps all other rights.

DVDs

Many instructors have DVDs that they show in their physical classrooms and want to continue to use the resource in their D2L courses. Wait! It is not that simple. DVDs are protected by digital locks. This means DVDs cannot be copied or converted to a format compatible with D2L.

Audio Visual Options

Use streaming video. Streaming video can be linked to or embedded into your D2L class.

  • Streaming video databases -- licensed access through NSCC Library Services
    • 4 databases to choose content from.
    • You do not need to evaluate whether you can use the content. Your use is covered by a license.
  • Streaming video on the web -- Lots of great options.
    • When using an open platform like YouTube make sure the video it is not an infringing copy.
    • How do you do that?
      A simple test is to look at who posted it. Was it posted by or with permission from the copyright owner?

Need help in figuring out who posted the content?

Contact the Copyright Office or your Campus Library for support.

Reproduction for Instruction

You can reproduce copyright protected content in order to display it for an educational purpose in the classroom.

Commercially Available

The right does does not apply if the work or other subject-matter is commercially available in a medium that is appropriate.

Copyright Act, Section 29.4(1)

You may include an artistic work (including a painting, print, photograph, diagram, drawing, map, chart and plan) as a class handout or as a posting to a learning or course management system if:

  • copyright has expired. or
  • it has an open copyright license ...for example a creative commons (CC) license. or
  • is part of  a larger work and meets the fair dealing test. or
  • meets the conditions for use of internet materials user exception.

NSCC faculty are reminded to:

  • Give credit to the creator.
  • Include the source (book or website etc) that the image was copied from and the name of the creator if available.

Not part of a larger work

If you would like to use an artistic work -- for example an architectural drawing -- that is not part of larger work (exists alone and is not part of a book or article) use of the image does not fall under fair dealing.  Please contact the copyright owner for permission to copy and re-use.

For content from websites your copying may meet the requirements for the educational exception to copy content from the internet (see websites tab on this box).

Instructors may play music or other sound recordings in the classroom if:

  • It is for educational or training purposes.
  • It is a legal, commercial copy. 
  • It takes place on the premises of the educational institution.
  • The audience is students and instructors. 

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 for events that do not meet this criteria. 
Check with SOCAN or your Campus Library, for more information.  

The Copyright Act includes an exception for tests or examinations. You can:

  • copy content required for a test or examination, provided that the test or examination is not already available in a commercial format;
  • communicate a work by telecommunication required for a test or examination, provided the test or examination is not already available in a commercial format;

Show Films and Video Content in Class

Section 29.5 in the Copyright Act  allows teachers and students to show films and documentaries on campus for educational or training purposes if the following conditions are met:

  • Educational purpose
  • Audience is primarily students or faculty
  • Not for profit -- no admission fees
  • Legally acquired copy is shown

A legally acquired copy means a non-pirated copy that was:

  • Purchased
  • Borrowed from the library
  • Rented
  • Licenced content -- ie. NSCC Streaming Video databases
  • YouTube videos -- posted by or with consent from the copyright owner
  • Open Source

Non-educational Events

For social, fundraiser, or non-educational events, a public performance rights licence is required to show films.  Audio Cine Films and Criterion Pictures provide various licencing options such as one-time screening, annual performance, etc.  Please contact your Campus Library if you would like more information.     

Streaming Video

NSCC has licensed access to high quality streaming video collections. Faculty, staff and students can access these collections through the library website.

Work available through Internet

You can copy content from websites for an educational purpose if your copying meets the following conditions:

  • The website content is posted by or with permission form the copyright owner.
  • The content is not protected by a digital lock -- for example password protected access to content.
  • There is no notice on the website that prohibits copying -- check for a terms of use statement on the website.
  • A notice must be more than a copyright symbol or all rights reserved phrase.
  • You give credit for the copied content and include attribution to the website, and include creator names if mentioned along with the url.

Important Note: This exception does not apply if the educational institution or person acting in their educational role  knows or should have known that the work or other subject-matter was made available through the Internet without the consent of the copyright owner.

Digital Lock

The Copyright Act of Canada defines a technological protection measure (commonly referred tp as a digital lock) as:

any effective technology, device or component that, in the ordinary course of its operation,

  • (a) controls access to a work, to a performer’s performance fixed in a sound recording or to a sound recording and whose use is authorized by the copyright owner; or

  • (b) restricts the doing — with respect to a work, to a performer’s performance fixed in a sound recording or to a sound recording — of any act referred to in section 3, 15 or 18 and any act for which remuneration is payable under section 19.

What are Reserve Readings?

Reserve Readings (or Reserves) are high demand materials that you, the faculty member, identify as useful for students in a particular course. These materials have short loan periods to ensure students in your course have fair and equal access to the resources.

You can put materials on reserve for 1, 2, 3 or 24 hour loan, or on 2, 3, or 7 day loan.

What can go on Reserves?

You can place original work (i.e. books, journal issues, or DVDs); links to electronic resources (such as full text journal articles) in the Library's licensed databases; or copies of work that complies with  NSCC’s Fair Dealing Policy or where permission has been received from the copyright owner.

Original Works

  • Books, journals, videos, documents and other materials owned by the library or from your personal collection.
  • Materials for which you or NSCC holds the copyright (i.e. lecture notes, presentations).
  • Student Coursework, but only under the conditions outlined below.
  • Note: Complimentary or publisher review copies cannot be placed on reserve.

Copies

Fair Dealing applies to copying and communicating a short excerpt of a copyright-protected work for library reserves. The short excerpt may be copied onto paper, or copied and communicated in electronic form, from any copyright-protected course materials, including a course pack, provided that the following safeguards are met:

Copy is made onto paper:

  • 1. a request to put the short excerpt on library reserve is made by or on behalf of a faculty member and in respect of a specific course or program of instruction;
  • 2. the number of copies made does not exceed the number of students enrolled in the course of instruction;
  • 3. the copy is used only for the purpose of library reserve by students enrolled at NSCC
  • 4. A complete citation identifying the source of the document must be provided on all photocopies, along with a clear copyright statement.
  • 5. the copy is marked with the following notice:

This copy was made pursuant to the Fair Dealing Policy of NSCC which may be found at http://subjectguides.nscc.ca/copyright/fairdealing. The copy may only be used for the purpose of research, private study, criticism, review, news reporting, education, satire or parody. The use of this copy for any other purpose may require the permission of the copyright owner.

Copy is made in electronic form

  • 6. the safeguards referred to in (1) and (3) are followed;
  • 7. the notice referred to in (5) be on the electronic copy or be otherwise displayed to students who access the electronic copy; and
  • 8. the electronic copy is maintained with access restricted to students enrolled at NSCC and faculty.

Student Coursework

Student coursework is also protected by copyright and may only be placed on library reserve with the permission of that student. Faculty are required to obtain the student’s written consent to have their material placed on reserve and must remove the student’s name and student ID number from the coursework. Any additional personal information contained in the coursework must be identified by the student and removed at his or her request.

Books from other libraries

Contact your campus Library staff if you need material from another Novanet Library. Most Novanet libraries support lending their materials to NSCC libraries for Reserve collections. Each request is treated individually and Novanet libraries may exercise the option to not loan their materials.

For more help

Contact your campus library

 

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Course Pack Repository

NSCC has a new Course Pack Repository accessible from the OurNSCC School web pages. The repository provides quick access to the most recent, copyright approved version of course materials for your programs for ease of sharing, printing and uploading to D2L.

The repository includes:

  •          NSCC created course materials sold in NSCC bookstores
  •          Milestone Documents (e.g., safety milestones)
  •          NSCC created course materials designated as core compulsory material

The copyright detail section of the Print Services Order Form does not have to be completed for materials in the cleared repository. This information was submitted and documented as part of the clearance process.

If you have any questions about the Course Pack Repository or are interested in determining if your materials are eligible for inclusion, please contact the Copyright Office at copyright@nscc.ca.

Ordering Print Copies

To request printing of copyright cleared items from this repository through Print Services:

  • Use the Print Services Order Form.
  • Select the Document Title from the drop down list of approved course titles
  • Select YES for copyright cleared repository
  • Ensure that you complete the following required fields:
    Faculty Name, Course name, Course code, Number of students, School, Campus, & Semester.