Copyright and the LMS

November 19, 2015 Michele Charlton Leave a Comment

With the winter term quickly approaching, it is a busy time getting course readings ready in Brightspace and Blackboard. Given some of the recent copyright changes here at Dalhousie, We’d like to remind you how this can be done in a manner that is respectful of Canadian copyright law, and Dalhousie’s Fair Dealing Guidelines: http://www.dal.ca/dept/copyrightoffice/guidelines/fair-dealing-guidelines.html

If you wish to upload materials yourself into Brightspace/Blackboard, we’ve made it easy to figure out if what you want to put online is copyright compliant. Libraries staff have put together a short video tutorial which explains Dalhousie’s Fair Dealing Guidelines, and will provide you with guidance when it comes to making sure your materials are copyright compliant. Check it out here: http://libcasts.library.dal.ca/Copyright_and_Brightspace/

Thank you for helping foster sustainable and ethical copying practices at Dalhousie!

Welcome John Yolkowski, Dal Libraries new Copyright Services Coordinator

August 24, 2015 Michele Charlton Leave a Comment

We are pleased to welcome our new Copyright Services Coordinator, John Yolkowski!

John is not a stranger to the Dalhousie Libraries. For the past year, he has been the project manager for the Elisabeth Mann Borgese Digitization Project, working with the Research & Scholarly Communications / Archives team on the fifth floor of the Killam.

John’s educational background includes an MLIS from Western and an MA from Guelph. He has previous experience working in archives, research, teaching, and providing chat reference service with OCUL’s Scholars Portal.

“The Dalhousie Libraries Copyright Office provides support to faculty, staff and students, to facilitate fair and ethical use of copyright materials for learning and teaching,” says Donna Bourne-Tyson, University Librarian. “John brings with him relevant experience, expertise and a willingness to work with our community to ensure everyone benefits from the wealth of scholarly material available.”

Whether it’s booking a film screening on campus, putting course materials into Blackboard, applying Fair Dealing, or learning about Creative Commons licenses, John is looking forward to answering any questions staff, faculty, or students have about how copyright affects them. Part of this work will be educational in nature, and he especially excited about delivering a series of presentations to various faculties here in the coming months to discuss copyright at Dalhousie.

“Often people can find the whole concept of copyright a bit overwhelming,” says John. “But with many of the changes that have happened in the last couple of years, educational institutes have a whole new range of options and possibilities and I look forward to helping people see what is possible in their research, teaching, and studying.”

John will be based out of the Killam Library. If you have questions about Copyright, contact copyright.office@dal.ca or 902-494-4346.
Welcome John!

Copyright and Fair Dealing 101: Audiovisual materials in the classroom

May 9, 2014 Marlo MacKay Leave a Comment

Copying Audiovisual Works

Under the fair dealing guidelines, Dalhousie faculty and staff may make a copy of up to 10% of a copyright-protected audiovisual work and distribute the short excerpts (see Fair Dealing Guidelines, section four) for research, private study and educational purposes, among other purposes, subject to the safeguards discussed below.

Acceptable methods of distribution include inclusion in a classroom presentation or in an learning management system (LMS), and emailing the excerpt to students.
Audiovisual works include motion picture films, television programs, and videos in any format or on any medium.

Safeguards
Copies of short excerpts of audiovisual work are only to be provided or distributed to:
• students enrolled in a course of study;
• to other Dalhousie faculty members and administrative staff of the university; and/or
• to faculty members or students at another university with whom the faculty member is engaged in collaborative research
Performing Audiovisual Works

(a) Performance to students, at Dalhousie premises, for educational or training purposes
The fair dealing guidelines do not apply to the public performance of an audiovisual work. However, Dalhousie faculty and staff can rely on the exception in section 29.5(d) of the Copyright Act, which permits Dalhousie faculty and staff to perform an audiovisual work:

• before an audience consisting primarily of students, instructors or any person who is directly responsible for setting curriculum at Dalhousie;
• on Dalhousie premises;
• for educational or training purposes; and
• the copy of the work being performed is not an infringing copy or the person responsible for the performance must have no reasonable grounds to believe that it is an infringing copy.
Please note: this exception does not permit the copying of any part of an audiovisual work, even if it is necessary to copy the work in order to perform it.

(b) The Exception for Works Available through the Internet
Section 30.04 of the Copyright Act permits reproducing, communicating and performing in public by an educational institution or a person acting under its authority, for educational or training purposes of a Work that is made available through the Internet. This includes an audiovisual work posted to the Internet (e.g., a video posted on YouTube).

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.

Copyright and Fair Dealing 101: Copying for coursepacks

May 8, 2014 Marlo MacKay Leave a Comment

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.

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.

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.

Copyright and Fair Dealing 101: Copying for research

May 7, 2014 Marlo MacKay Leave a Comment

Under the Fair Dealing Requirements, Dalhousie faculty may make a copy of a short excerpt (see fair Dealing Guidelines, section four) in conducting research on a specific topic of enquiry or for inclusion in a personal collection of research resources, subject to the safeguard discussed below.

The faculty member may share a copy of the short excerpt with faculty and students both within Dalhousie and within another university with whom the faculty member is engaged in collaborative research on that specific topic of inquiry.

In sharing a copy of the short excerpt, the faculty member may email the copy to the students and other faculty members engaged on that specific topic of inquiry, or post the copy to an learning management system (LMS) used in the performance or administration of such research.

Safeguard
As set out in the Fair Dealing Requirements, copying multiple Short Excerpts from the same Work with the intention or the effect of copying substantially the entire Work is prohibited.

Copyright and Fair Dealing 101: Copying for teaching

May 6, 2014 Marlo MacKay Leave a Comment

Under the Fair Dealing Requirements, Dalhousie University faculty and staff may make a copy of a short excerpt (see Fair Dealing Guidelines, section four) for the purpose of teaching students, subject to the safeguards discussed below. In particular, faculty members teaching a course at the university may:

• hand out a hard copy of the short excerpt to their students;
• email a copy of the short excerpt to their students;
• post a copy of the short excerpt on an LMS (see also Copying for Posting in a Learning Management System);
• include a copy of the short excerpt in a course pack sold to their students;
• include a copy of the short excerpt in a lecture or classroom presentation such as a PowerPoint presentation presented to their students; and
• display a copy of the short excerpt in a classroom, to their students.

In each case, a copy of the short excerpt may also be provided or made available as required to another faculty or staff member involved in the course. For more information about copyright and fair dealing at Dalhousie, contact copyright.office@dal.ca or visit the Dalhousie Libraries’ Copyright Office website.

Session: Copyright & the New Fair Dealing Guidelines

April 21, 2014 Marlo MacKay Leave a Comment

Copyright & the New Fair Dealing Guidelines: What the Dal Libraries can do for you and what you can do for your students

Join the Dalhousie Libraries’ Jason MacDonald and Gwyn Pace in this session that will address Dalhousie’s new Fair Dealing Guidelines and how they affect the use of Blackboard, classroom activities, and the libraries’ eReserve and Document Delivery services. Services offered by the Copyright Office will also be highlighted. Questions welcome.
Thursday, April 24/12:30–1:30 p.m. (Please note: the end time of this event was initially advertised to end at 1 p.m.)
Room 2L10, Tupper Building

See Our Revamped Copyright Website

August 26, 2013 Marlo MacKay Leave a Comment

The Dalhousie Libraries’ Copyright Office has a completely revamped website, including all new content and a refreshed layout.

The new layout was designed to make the site more user friendly, with helpful sections for students and faculty. The new content includes all the latest information from the Copyright Act, and is reflective of the most recent Supreme Court decisions.

The revamped website has been designed to answer many of our most frequently asked copyright questions, thus saving you the time of making a formal inquiry. But, we are always here to provide assistance with topics such as fair dealing rules, electronic license agreements, copyright rules regarding materials for online teaching, and more. Contact us at copyright.office@dal.ca

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Category: Copyright News