Institutional Compliance

For your lectures, you can copy or take any other necessary action to display a work on a whiteboard, projector or other similar tools as long as the work is not already commercially available in a format appropriate for educational or teaching purposes.

Presentations

You can use copyright-protected images and materials in a PowerPoint or other similar presentation provided what you use qualifies as a short excerpt. You are also able to distribute that presentation to your students as:

• a handout
• an email
• a post on Canvas

If the materials you use do not qualify as short excerpts, you may make copies of the works to use in your presentation as long as the works are not already commercially available in an appropriate format for educational or training purposes.

You and your students have fair dealing rights whether there is an assigned textbook for your course or not. Educational copying of short excerpts (up to 10 per cent of a work) is seen as a substitute for the purchase of a textbook – a student is not expected to purchase a textbook for one chapter or 10 per cent of the text. You are therefore permitted to copy short excerpts and distribute them to students:

• as handouts
• in a course pack
• on Canvas

There are, however, some guidelines surrounding educational copying.

• You cannot distribute two (or more) short excerpts of a textbook if combined they surpass the 10 per cent rule. Even if you hand out one at the beginning of the year and one at the end, if they go to the same class and equate for more than 10 per cent of the entire work, you cannot copy.
• You can copy multiple short excerpts if each short excerpt is from a different textbook, journal or publication.
• If you are using the same textbook for two (or more) completely separate courses and are only using one chapter of the text for each course, you can copy. Your students cannot be expected to purchase the entire textbook for only one chapter.
• If you and other instructors use the same textbook but all select different single chapters from it, you can copy.

Canadian legislation

You can reproduce enactments and consolidations of enactments of the Government of Canada as well as the decisions and reasons for those decisions of federally-constituted courts and administrative tribunals. When reproducing Canadian legislation, ensure your copy is accurate and do not present your copy as an official version.

Assignments such as papers, multimedia projects and student presentations fall under the "mash-up exception." Formally known as non-commercial user-generated content, the exception allows anyone, including students and instructors, to use copyright-protected works to create non-commercial new works, as long as:

• you know or have reason to believe the work used is not an infringing copy
• you mention the source and, if given the source, the name of the author, performer, maker or broadcaster
• the use of the new work does not have a substantial negative effect on the copyright owner

Under the Copyright Act, you can reproduce a work as required for a test or exam provided it is not already commercially available in a suitable format. Acceptable reproductions include copying, translating, performing in public on campus and communicating by telecommunication to students situated on campus.

Posting short excerpts to a course management system such as Canvas is allowed. Under this exception, you can post a single PDF of an article from a journal or a single chapter from a book to Canvas. You can also post a single chapter from multiple textbooks – even if there is no assigned textbook for the course.

As with all copyright-protected works, you can copy up to 10 per cent of an audiovisual work, which includes:

• movies and videos
• online videos
• TV programs

The copy can be distributed through a lecture or class presentation, posted on Canvas or emailed to students. If you wish to show (rather than copy) an audiovisual work, refer to the sections below for guidelines.

Movies

You can show a movie for educational or training purposes as long as:

• it is shown on campus to an audience of primarily Lethbridge College students
• you know or have reason to believe it is not an infringing copy
• you do not circumvent a digital lock to access it

If necessary, you can use a video recording device to copy a short excerpt from a computer, TV screen or projector.

Online videos

You can show online videos for educational or training purposes as long as:

• it is publicly available through the internet
• you did not circumvent a digital lock to access it
• you know or have reason to believe it is not an infringing copy
• you identify the source and, if given the source, the name of the author, performer, maker or broadcaster
• there is no visible notice on the website or video prohibiting the use or reproduction of the video

Note: A copyright symbol is not sufficient enough to be considered a visible notice.

News and commentary

At the time of its communication to the public, you can make a single copy of a news or news commentary program (excluding documentaries) for the purpose of showing the copy to Lethbridge College students.

Educational institutions are no longer required to pay royalties, destroy copies or keep records of copies made of news and news commentary programs.

Broadcast

Similar to news programs, you can make a single copy of a broadcast program (TV or radio show) at the time of its communication to the public. Unlike news programs, however, there are additional restrictions that you must adhere to.

• You can only keep the copy for 30 days while deciding whether to show it to students.
• You must destroy the copy after 30 days. If the copy is not destroyed, it becomes an infringing copy unless you comply with the terms and conditions of the copyright and pay any required royalties.
• If you decide to show the copy to Lethbridge College students, you must comply with the terms and conditions of the copyright and pay any required royalties.

Copyright automatically applies to websites and the content on those sites. However, the Copyright Act provides several exceptions for the purposes of education and training. In respect to work that is publicly available online, you can:

• reproduce it
• save, download and share it
• communicate it by telecommunication to Lethbridge College students
• perform it in public (on campus) for an audience that is primarily Lethbridge College students

These actions are subject to the following conditions:

• you do not circumvent a digital lock to access the work
• you mention the source and, if given the source, the name of the author, performer, maker or broadcaster
• you know or have reason to believe that the work is not an infringing copy
• there is no visible notice prohibiting your intended use on the website or work

Note: A copyright symbol is not sufficient enough to be considered a visible notice.

Linking and embedding content

Linking and embedding content on Canvas or your own website is an alternative to creating copies. At this time, both links and embedded content are not considered copies. However, the work that you link to or embed must not, to your knowledge, be an infringing copy.

An exception in the Copyright Act allows you to create copies of works in alternate formats for students with perceptual disabilities, including blind and visually impaired students as well as students with learning and physical disabilities. As long as the work is not already commercially available in the correct format, you can make alternate formats of the following works:

• literary
• dramatic
• musical
• artistic

You cannot alter an audiovisual work and you cannot make a large-print book without permission from the copyright owner.