A course pack is a compilation of excerpts of different works to be used as required or supplementary readings by students enrolled in a course of instruction.Dalhousie may rely on the fair dealing guidelines to make copies of short excerpts, and to incorporate them into course packs produced and sold by Dalhousie on behalf of Dalhousie Faculty, subject to complying with the Guiding Principles and Safeguards describe below.
Guiding Principles
The guiding principles behind the fair dealing guidelines are:
• Faculty ought not copy and distribute short excerpts (see Fair Dealing Guidelines, section four) under the fair dealing guidelines as a substitute for the purchase of the work. In order to respect that principle, it is necessary to implement certain safeguards, described below.
• No “profit” can be made on course pack production and sale. If there is no “profit” made in the production or sale of course packs and, the other requirements of the fair dealing guidelines are followed, then the making and sale of course packs incorporating copies of short excerpts is permitted under fair dealing.
• Dalhousie may not utilize the fair dealing guidelines if it opts to send course packs to a commercial copy shop for production and/or sale.
The guiding principles behind the fair dealing guidelines are:
• Faculty ought not copy and distribute short excerpts (see Fair Dealing Guidelines, section four) under the fair dealing guidelines as a substitute for the purchase of the work. In order to respect that principle, it is necessary to implement certain safeguards, described below.
• No “profit” can be made on course pack production and sale. If there is no “profit” made in the production or sale of course packs and, the other requirements of the fair dealing guidelines are followed, then the making and sale of course packs incorporating copies of short excerpts is permitted under fair dealing.
• Dalhousie may not utilize the fair dealing guidelines if it opts to send course packs to a commercial copy shop for production and/or sale.
Safeguards
Records
Records should be created and maintained (in paper or electronic form) that show for each course pack:
• the identity of each work included in the course packs,
• identification of the publication from which the excerpt was copied (if applicable),
• the length of each excerpt included,
• the basis upon which each excerpt was copied (e.g. fair dealing, library licence, work made available over the Internet, transactional licence),
• if the basis upon which the excerpt was copied was fair dealing, details sufficient to establish that the excerpt is a “Short Excerpt” (for example, if the excerpt is 10% or less of the work, then the record should indicate the number of pages copied and the total number of pages of the work from which the copies were made),
• where a transactional permission is used to copy an excerpt for a course pack, a copy of the transactional permission.
Records
Records should be created and maintained (in paper or electronic form) that show for each course pack:
• the identity of each work included in the course packs,
• identification of the publication from which the excerpt was copied (if applicable),
• the length of each excerpt included,
• the basis upon which each excerpt was copied (e.g. fair dealing, library licence, work made available over the Internet, transactional licence),
• if the basis upon which the excerpt was copied was fair dealing, details sufficient to establish that the excerpt is a “Short Excerpt” (for example, if the excerpt is 10% or less of the work, then the record should indicate the number of pages copied and the total number of pages of the work from which the copies were made),
• where a transactional permission is used to copy an excerpt for a course pack, a copy of the transactional permission.
Notification
Each copy of a course pack that includes copies of Short Excerpts made under the Fair Dealing Requirements should include substantially the following notice printed in a prominent location on the course pack (e.g. on the front cover) in addition to any other notice that may be otherwise required.This course pack is made in accordance with the university’s Fair Dealing Requirements for sale to and use by students enrolled in the course of study for which it was made. This course pack may also include copyright-protected material pursuant to permissions granted by the copyright holder. Any reproduction or other use of this material is prohibited, except as otherwise permitted by law.These materials are adapted from materials developed and owned by The University of British Columbia (the “UBC Materials”), and are used with consent of The University of British Columbia (“UBC”). They are provided for informational purposes only and should not be relied upon as legal advice. UBC takes no responsibility or liability for any use of these materials, or the UBC Materials, including any changes or modifications made to the UBC Materials.
Each copy of a course pack that includes copies of Short Excerpts made under the Fair Dealing Requirements should include substantially the following notice printed in a prominent location on the course pack (e.g. on the front cover) in addition to any other notice that may be otherwise required.This course pack is made in accordance with the university’s Fair Dealing Requirements for sale to and use by students enrolled in the course of study for which it was made. This course pack may also include copyright-protected material pursuant to permissions granted by the copyright holder. Any reproduction or other use of this material is prohibited, except as otherwise permitted by law.These materials are adapted from materials developed and owned by The University of British Columbia (the “UBC Materials”), and are used with consent of The University of British Columbia (“UBC”). They are provided for informational purposes only and should not be relied upon as legal advice. UBC takes no responsibility or liability for any use of these materials, or the UBC Materials, including any changes or modifications made to the UBC Materials.
Leave a Reply