1. Can I post copies of copyright-protected works to Brightspace? Can I email copies to students enrolled in my courses?
Yes, you can do both if you adhere to the amount that may be copied under fair dealing. Please see the Fair Dealing Policy for copying limits.
2. Is there any difference between posting something on my own website versus posting something on Brightspace?
Yes. Posting something on your own website means you are making the work available world-wide and wide distribution tends towards the conclusion that the dealing is not “fair”. By contrast, NIC’s learning management system (Brightspace) is a password protected, secure website accessible only by students enrolled in college courses. In some cases, posting material on Brightspace will be covered by one of the Library’s electronic subscriptions. The key thing to remember is just because you may post a copyright-protected work to Brightspace doesn’t mean you have permission to post the work on your own personal website.
3. May I upload a PDF of a journal article I obtained through the library to Brightspace for my students to read?
The licenses for some e-journals provided by the Library allow instructors to upload articles into secure course management systems. While posting a PDF of a journal article may be possible, it is worth considering whether there is a better alternative, such as providing a direct link to the article. A direct link provides access to the most recent version of an article, with corrections, changes and supplementary material which might have been added after a copy is uploaded.
It is important to remember that the Fair Dealing Policy and NIC’s electronic licenses generally do not permit you to upload to a website, or create links on a website, that is not part of NIC’s secure network.
4. May I scan a print journal article or a book chapter into a PDF and post it on Brightspace?
As long as you adhere to the amounts that may be copied under fair dealing you may scan and post it on Brightspace. It is important to note that fair dealing does not allow you to scan material and add it to a website unless that website is password protected (i.e., Brightspace) and restricted to students enrolled in your course. If you want to scan a copyright protected work for inclusion on an open website, you will need to obtain permission from the right’s holder.
5. Do I need to ask permission to link to a website?
Content on the web is copyrighted in the same way as print and other formats, even if there is no copyright symbol or notice. Linking directly to the web page containing the content you wish to use is almost always permissible, although you need to make sure the content you are linking to is not in itself infringing copyright. In addition, if the web page does not clearly identify the website and content owner, you should also include the full details of the author, copyright owner and source of the materials by the link. This will avoid any suggestion that the website is your own material or that your website is somehow affiliated with the other site.
If you have reason to believe that the web site may contain content posted without the permission of the copyright owner, you should avoid linking to it. In addition, you must comply with web site statements indicating that permission is required before material is reproduced or that it may not be reproduced at all. Such statements are typically found in sections titled “terms of use” or something similar.
6. I gave a PowerPoint presentation in class which includes figures, charts, diagrams and other images from a textbook. Can I post it on Brightspace? I’ll be sure to cite where the figures came from.
As long as you adhere to the amounts that may be copied under fair dealing you may post charts and diagrams from textbooks, or other works, on Brightspace. If for example, you wish to post multiple images from a book, you may do so as long as those images amount to no more than 10% of the book (see the Fair Dealing Policy ). It’s important to note that if you wish to post such material to a website, that website must be password protected or otherwise restricted to students enrolled in your course.
Please note that just because you acknowledge the author and source of a work doesn’t mean you won’t be liable for copyright infringement. Acknowledging the source is no defense if the way in which you’ve used the work is not permitted under the Copyright Act of Canada. So make sure you either fall within an exception or have the copyright owner’s permission.
7. May I post examples of my students’ work on Brightspace or on my personal website?
Only if you have the student’s permission, as students own copyright in the works they create.
