Teaching

Copyright in the Library – Course Reserves (FAQ)

Copyright in the Online Classroom (FAQ)

Is there any difference between using something in the campus classroom versus posting something in an online classroom?

Yes. There is an exception in the Copyright Act that permits instructors to copy materials and display them in class, but it is specifically limited to the campus classroom. If you want to post something on an online classroom such as Avenue to Learn you can't legally rely on this exception. The only way you can post something copyrighted online is if you fall under the fair dealing exception or have permission from the copyright owner. If you have included other peoples’ copyright materials (images, etc.) in PowerPoint presentations, these must be removed before slides are posted (unless permission to post these has been secured).

What can I post in my online classroom?

It depends on the circumstances, but in general, you can post the following on your online classroom:

• Your own original materials - such as lecture outlines and course notes.
• Public domain materials.
• Materials for which some form of permission has been given, such as:
• Materials for which you have received written consent to post online
• Materials from a website that allows use for educational / non-commercial uses. For example, most Canadian government websites allow you to reproduce the material provided you exercise due diligence in ensuring the accuracy of the materials, you acknowledge the source and you don't represent the materials as an official version. Check website "terms of use" and "legal notices" sections to find out what uses you can make of the materials on the site.
• Creative Commons materials - these are materials which are available for free for most educational uses, which only limited restrictions attached, such as acknowledging the owner. For more information, visit www.creativecommons.org
• The library also has many licensed electronic resources to which you can provide permalinks in an Avenue course. Because only some of these licences permit uploading, the best practice is to link to these resources rather than posting pdfs. Instructions for creating permalinks can be found at: http://library.mcmaster.ca/linking.
  

Can I upload a PDF of a journal article that I obtained through the library's e-journals to my online classroom?

The licenses for some of the e-journals provided by the Library allow instructors to upload articles into secure online systems such as Avenue to Learn; however, the best practice is to link to the article instead. That way, students will get access to the most current version of the article and there are no copyright concerns. Please see http://library.mcmaster.ca/linking to learn how to provide links to articles, e-Resources and Library Catalogue records that are stable over time and will work both on and off campus.

Can I scan a print journal article or a book chapter into a PDF and post it on my online classroom?

Neither the current Access Copyright agreement nor any of the University's subscriptions allow scanning of print works and posting online. It is only possible if you fall within fair dealing or have permission from the copyright owner. Given that there are very few cases in which scanning and uploading would be permissible under the fair dealing policy (see http://www.copyright.mcmaster.ca/), the University recommends that you obtain permission if you wish to post these kinds of readings online. If the work in question is available through the library’s licensed e-journal/e-book holdings, you could also direct students to the library’s copy via a permalink (see http://library.mcmaster.ca/linking)

I gave a PowerPoint presentation in class which includes figures from a textbook. Can I post it on my online classroom? I'll be sure to cite where the figures came from.

It depends. In some cases, textbook publishers will allow you to include copies of figures in your PowerPoints and online classrooms, but usually only when the textbook is a required text for the course. You should check with the publisher first (before posting the figures) and comply with whatever conditions they attach to your use of the work.
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. So make sure you either fall within an exception or have the copyright owner's permission.

Is it okay to use images or other material from the internet for educational purposes?

It depends on what you want to do. Materials on the internet are still protected by copyright even though they're publicly accessible. This means that if you want to use them, you have to either fall within one of the Act's exceptions (such as fair dealing) or have permission from the copyright owner. You should check the website's 'Terms of Use', or 'Legal Notices' section to confirm what conditions apply to use of the website's material. Many websites will allow non-commercial educational use of their materials.

Do I need to ask permission to link to a website?

Generally no, but you should check the website's 'Terms of Use' section to see whether it has any specific linking prohibitions. If there are none, you may link to the website, but make sure that the webpage opens up in a different browser window. If the webpage 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. It is also a good idea to check that the site to which you’d like to link is not in itself copyright infringing.

How do I get permission to post someone's work on my online classroom?

You ask! The permission must come from the copyright owner so the first step is to identify who the copyright owner is and whether there is an organization that represents the owner. There are a number of copyright collectives who can give you permission (in the form of a license) on behalf of the copyright owner to use their work. So, for example, if you want to use music and your use doesn't fall within any of the Copyright Act's exceptions, you can go to copyright collectives such as SOCAN, CMRRA, or NRCC that administer copyright in music.
But if the copyright owner is easily identifiable and locatable, it can sometimes be easier to contact them directly as many copyright owners will give permission to academic users without requiring payment. Usually you'll be able to identify the owner somewhere on the work by looking for the copyright symbol ©, which should have the copyright owner's name next to it. You'll often find this at the beginning of a book, at the side of a photograph or at the bottom of a webpage. Once you've located the owner, simply email or write to them, explaining how and why you want to use their work and requesting permission. The permission should be in writing. An email will suffice. It is not advisable to rely on verbal permission. It's also a good idea to keep a file record of who gave the permission, what was permitted, the date, and how to contact the person who gave the permission. The University of Manitoba has a useful webpage for generating a permissions letter and also has a sample letter for reference.

What is Creative Commons licensing? Can I use materials that are licensed under Creative Commons in my online classroom?

Creative Commons is a more flexible approach to copyright licensing which advocates "some rights reserved" instead of the traditional "all rights reserved". Creative Commons licenses allow creators to make their work available with only minimal restrictions, such as acknowledging the author. Using this approach, creators can distribute their work for free through established, easy-to-understand licenses and users can access a whole range of works, from photos to music to educational materials, for free with only minor restrictions. Most of the time you should be able to use Creative Commons licensed material in your online classroom - you just need to respect whatever conditions are imposed, which may including giving credit to the copyright owner or refraining from modifying the materials. For more information, visit Creative Commons.

If I have permission to use material in custom courseware, does this mean that I can also post on an online system such as Avenue to Learn?

No. Courseware copyright permission requests are for print copies only. You would still need to request permission to post material on a secure, password protected site.

Can I place a textbook on reserve?

Yes, you may place ONE copy of a textbook on reserve. The library does not purchase textbooks so to do this an instructor would have to put a copy they own on reserve.

Can I place an e-book on reserve?

In most cases this should not be necessary, since the best practice would be to create a durable link which could be placed in a Content Management System like Avenue to Learn, providing students with seamless access to this e-resource. Please see http://library.mcmaster.ca/linking to learn how to provide links to articles, e-Resources and Library Catalogue records that are stable over time and will work both on and off campus. Library Services staff at all libraries will be pleased to assist you with creating these durable links if you are having difficulties.

Can I scan or upload a PDF of a journal article or book chapter that I obtained through the library's collection and put it on reserve?

No, we cannot post pdf’s, since this is essentially republishing the article without permission, which is not permitted under the Copyright Act of Canada or the AUCC Fair Dealing Policy. The best practice is to link to the article instead. The library licenses access to over 50,000 e-journals and more than 400,000 e-books to which you can provide permalinks in an Avenue to Learn course. That way, your students will get access to the most current version of the article and there are no copyright concerns. Please see http://library.mcmaster.ca/linking to learn how to provide links to articles and other e-resources, that are stable over time and will work both on and off campus.

Can I put a print journal article or a book chapter on reserve?

If this material is not available electronically, it is possible to place print copies of journal articles on reserve, provided these readings are considered an optional and supplementary source of information for students and must be a small proportion (no more than 25 per cent) of the overall reading list for a particular course. If a reading from a book owned by the library is assigned, the book itself, not a copy of the chapter, will be put on reserve. You will be asked to supply a copy of your course syllabus when submitting a request to place copies on reserve.

Can I place a book I own on reserve?

You may ask that a book you own be placed on reserve, if the library does not already own it.