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Copyright and Course Materials

Copyright is an important consideration when designing your courses and selecting course materials. Whether you're sharing readings in Canvas, incorporating images into presentations, or using multimedia resources in your course, understanding copyright helps ensure your materials are used legally and ethically.

Understanding Copyright

Copyright is the sole or exclusive right of an owner to produce or reproduce a work or a substantial part of it in any form. In most cases the first owner of copyright is the author or creator.  Only copyright owners can reproduce, distribute, and share their works with others, or provide permission for others to do so. In Canada, copyright protects all original literary, dramatic, musical and artistic works. Literary works include books, articles, computer programs, software and other works consisting of text.

Ontario Tech University respects both the rights of creators and owners of copyright-protected materials and the rights of users to make certain uses of copyright-protected materials.

Faculty, staff, and students are subject to the protections and obligations outlined in the Copyright Act. Use of copyrighted material is also subject to the provisions outlined in various agreements and licenses with copyright owners (for example, online databases or other electronic resources).

Members of the university community are responsible for informing themselves about the parameters of both Canada’s Copyright Act and the institution’s licenses and agreements. They must also ensure that any use or provision of materials for teaching and learning complies with these guidelines.

Generally, you must seek permission from the copyright owner before making protected uses of their work. However, permission may not be required when:

  • The work is in the public domain, such as when the term of copyright protection under the Copyright Act has expired. In Canada, copyright generally lasts for the life of the author plus 70 years.
  • The university already has permission through an existing licence or agreement.
  • The work is licensed for the intended use under a Creative Commons licence or another open licence.
  • The portion being used is not a substantial part of the work. Under section 3(1) of the Copyright Act, substantiality is assessed based on both the quantity and the significance of the portion used.
  • The use qualifies as fair dealing under sections 29, 29.1, or 29.2 of the Copyright Act.
  • The use falls within another specific exception under the Copyright Act.

 

What is fair dealing?

The use of copyright-protected works generally requires permission from the copyright owner unless an exception under the Copyright Act applies. Fair dealing is an important exception in educational contexts.

To qualify as fair dealing, the use must pass two tests:

The purpose must be allowable

The dealing must be for a purpose permitted under the Copyright Act: research, private study, criticism, review, news reporting, education, satire, or parody. Educational use in the classroom or within Ontario Tech's Canvas learning management system will generally meet this first test.

The dealing must be fair

Fair dealing is context-specific and depends on the circumstances of each use. The Supreme Court of Canada has identified six non-exhaustive factors that may be considered:

  • Purpose of the dealing
  • Character of the dealing
  • Amount of the dealing
  • Nature of the work
  • Available alternatives to the dealing
  • Effect of the dealing on the work

 

Supports for Copyright Questions and Permissions

Determining whether your course materials require permission from the copyright holder for use, or if the use is covered under Fair Dealing or an existing license may seem complicated! The library is here to help.

 

Acknowledgements

This guide was developed by the Ontario Tech University Library and is shared on the Teaching and Learning Centre website with permission.