P7 – Fair Dealing (Copyright)

Originator: Corporate Counsel
Approver: President’s Council
Effective: October 8, 2013
Replaces: May 10, 2011

1. Preamble

Red River College Polytechnic takes the protection of Intellectual Property rights seriously. The College and its staff shall take reasonable steps to ensure that materials protected by copyright are used in accordance with the law.

2. Policy

The College, its staff and its students shall not reproduce any works to which Copyright subsists without a license or other permission of the Copyright owner or the representative of the Copyright owner, unless such reproduction is otherwise permitted by law. Exceptions to Copyright are found in the Fair Dealing provisions of the Copyright Act. This policy provides guidelines for copying under the Fair Dealing exceptions. All staff and students shall follow these guidelines.

3. Guidelines

  1. College Instructors and staff members may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire and parody.
  2. Copying or communicating short excerpts from a copyright-protected work under this Policy for the purpose of news reporting, criticism or review should mention the source and, if given in the source, the name of the author or creator of the work.
  3. A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:
    1. as a class handout;
    2. as a posting to a learning or course management system that is password protected or otherwise restricted to students of a school or post- secondary educational institution; or
    3. as part of a course pack.
  4. A short excerpt means:
    1. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work);
    2. one chapter from a book;
    3. a single article from a periodical;
    4. an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works;
    5. an entire newspaper article or page;
    6. an entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
    7. an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
  5. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
  6. Copying or communicating that exceeds the limits in this Policy may be referred to the Corporate Counsel for evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.
  7. Any fee charged by the educational institution for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the institution, including overhead costs.

4. Enforcement

Any College staff who violate this policy may be subject to disciplinary action up to and including dismissal.

Any College student who violates this policy may be subject to disciplinary action in accordance with College policy.

Related Policies and Legislation

The Copyright Act
MGEU Collective Agreement

A10 – Intellectual Property & Copyright
IT1 – Acceptable Use of Information Technology Resources
S1 – Student Code of Rights & Responsibilities