Red River College and its staff members are responsible for ensuring that all content being delivered to students is in compliance with copyright regulations. As an employee of Red River College you are bound by P7, the College’s Fair Dealing (Copyright) Policy. More information can be found on the Library’s Copyright Compliance page at http://library.rrc.ca/Help-and-Guides/Copyright-Compliance.aspx.
What is Fair Dealing?
Fair dealing is a user’s right in copyright law permitting use of, or “dealing” with, a copyright protected work without permission or payment of copyright royalties. The fair dealing exception in the Copyright Act allows you to use other people’s copyright protected material for the purpose of research, private study, education, satire, parody, criticism, review or news reporting, provided that what you do with the work is ‘fair’. If your purpose is criticism, review or news reporting, you must also mention the source and author of the work for it to be fair dealing.
“What is fair dealing and how does it relate to copyright?” by Simon Fraser University is licensed under CC BY-NC 4.0.
Copying Guidelines – Red River College’s Policy
- Except where otherwise stated, these copying guidelines apply to those making a single copy from a work protected by copyright for the purposes of research, private study, review, criticism or news reporting in circumstances in which the consent of the owner of copyright has not been secured and is not required by reason of the fair dealing exception in the Copyright Act. Permission from a copyright holder may be required where the copy falls outside of these guidelines.
- Single copies that are permitted to be made pursuant to this policy must be made only from publications in which copyright subsists, such as, books, journals and other periodical publications, newspapers and magazines (“Published Works”). A copy may only be made from a lawful copy of the work in the possession of the College, and if the lawful copy is in electronic form, there is no restriction against making a copy under the contractual terms relating to the Published Work.
- No copying may exceed 10 per cent of a Published Work, other than a textbook produced primarily for the post secondary education market, or the following, whichever is greater:
- an entire chapter from a book provided that it does not exceed 20 per cent of the book;
- an entire article from a periodical publication;
- an entire short story, play, poem or essay from a book or periodical publication;
- an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference book;
- an entire reproduction of an artistic work from a book or periodical
- publication; and
- a single musical score from a book or periodical publication.
- No copying may exceed 5 per cent of a textbook produced primarily for the post secondary education market, or the following, whichever is greater:
- an entire chapter from a textbook provided that it does not exceed 10 per cent of the textbook;
- an entire short story, play, poem or essay from the textbook provided that it does not exceed 10 per cent of the textbook; and
- an entire reproduction of an artistic work or a single musical score from the textbook provided that it does not exceed 10 per cent of the textbook.
- Notwithstanding any of the other provisions of these guidelines, no copies may be made of the following:
- any of the works referred to in paragraphs 3(b) to 3(f) of these guidelines where the publication containing the work does not contain other For example, no copy may be made of a play from a publication containing the play but no other work;
- unpublished works, subject to the provisions of paragraph 10 below;
- proprietary workbooks, work cards, assignment sheets, tests and examination papers;
- instruction manuals;
- newsletters with restricted circulation intended to be restricted to a fee paying clientele; or
- business cases which are made available for purchase.
- Each paper copy made pursuant to Parts II, III and IV of these guidelines shall contain, on at least one page, the name of the author or artist (where known), the title of the publication from which the copy was made, the name of the publisher of that publication and the following statement: “This copy is made solely for the use by a student, staff member, faculty member or library patron for research, private study, review, criticism or news Any other use may be an infringement of copyright if done without securing the permission of the copyright owner.”
- Each electronic copy made pursuant to Parts II, III and IV of these guideline shall have the information and statement referred to in paragraph 6 on at least one page, except for an electronic copy made available from a server pursuant to these guidelines, where that information and statement could instead be associated with the copy such that notice of that information and statement would come to the attention of the person who accesses the copy.
- If a fee is charged for making a copy the fee is set no more than an amount representing a reasonable approximation of the actual cost of making and delivering the copy.
- College staff shall use reasonable efforts to guard against systematic, cumulative copying from the same work which in total exceeds the portion of the work that may be copied pursuant to these guidelines and to ensure that the number of copies made complies with this policy. If College staff suspects that a student, or other staff member is engaged in systematic, cumulative copying, the matter must be referred to the Corporate Counsel or his or her delegate for review, and any further requests from that student or staff member may be refused.
- Requests for the making of copies which fall outside these copying guidelines and requests for making of copies of unpublished works may be referred to the Corporate Counselor to his or her delegate for A determination will be made as to whether the proposed copies are permissible in all the circumstances relating to the requests and may ultimately be refused. The evaluation will examine all relevant circumstances, including:
- the purpose of the proposed copying, including whether it is for research, private study, review, criticism or news reporting;
- the character of the proposed copying, including whether it involves single or multiple copies, and whether the copy is destroyed after it is used for its specific intended purpose;
- the amount or proportion of the work which is proposed to be copied and the importance of that work;
- alternatives to copying the work, including whether there is a non-copyrighted equivalent available;
- the nature of the work, including whether it is published or unpublished; and
- the effect of the copying on the work, including whether the copy will compete with the commercial market of the original work.
For more information, consult P7, Red River College’s Fair Dealing (Copyright) Policy
How do I know if I Have the Right to use a Copyrighted Resource?
Ask yourself these questions:
- Am I linking to a resource provided by RRC’s Library?
- Do I have an explicit written license to use this content?
- Did I retrieve this content from a page that explicitly gave me the right to use it?
- Did that website have the right to let you use it? For example, did it give you HBO content for free? If so you should question whether the site actually owned the content in the first place.
- Does the use of the content fall under Fair Dealing rights?
- Have I properly cited the source of this content?
Making Use of Red River College Resources
Red River College Library
The library has thousands of videos across many disciplines that are available to use within your course. Access the Library Catalogue as well as Streaming Video Resources from this link: http://library.rrc.ca/Equipment-Videos/default.aspx
Streaming Video Resources include access to NFB, CBC Curio, CBC News, Health Care Aide Collection and many more.
Red River College Marketing and Web Presence
Marketing and Web Presence has a “Toolkit” available from there blog: https://www.rrc.ca/marketing/toolkit/
Notably within the toolkit are:
- Images available for use from RRC’s Flickr page: http://www.flickr.com/photos/redrivercollege
- Classroom photo consent and release form:
- Power Point Templates and Themes
- College Logo packs
- Signage templates
- Branding books and guides
Google images will allow you to filter your image search by license.
In the above example I found noncommercial re-use image file by:
- Going to google.ca and searching for the topic I was interested in
- Clicked “Images”
- Clicked “Search Tools”
- Clicked the “Usage rights” button and filtered by the usage rights
Flickr.com gives you the ability to search by license:
- Search for the images you are interested in
- Select the appropriate license
Archive.org is a non-profit library of millions of free books, movies, software, music, websites, and more.
Youtube.com, Vimeo.com and other video resources
Youtube, and other online video resources will typically include an option to link or embed their video content. Linking and embedding is the correct way to include these resources in your online materials. By linking or embedding the video the actual file is still residing on the provider’s server therefore copyright compliance will be the responsibility of the uploader, copyright holder, and youtube. If you were to download that video however you may be in violation of copyright.
There are a few things to keep in mind when linking to content from an external server.
- If you don’t control the original video it could disappear at any time. You need to regularly confirm the content is still available for students.
- If the content is something that is clearly not owned by the uploader you can still link to it, but you should expect it will be taken down.
- Embedding content in a page in LEARN is generally preferred over just linking to the video. An embedded video will allow the user to view the content from inside LEARN rather than directing student to another page that takes them away from the lesson.
Public Domain Content
When a work is in the public domain, it is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open/free, since no one owns or controls the material in any way.
Works that are in the public domain in one legal jurisdiction are not necessarily in the public domain worldwide. Copyright laws differ from jurisdiction to jurisdiction, both in duration of protection and what constitutes copyrightable subject matter. For example a US Government work clearly in the public domain in the United States may or may not be free of copyright restrictions and in the public domain in other jurisdiction. At present, one of the only ways to be certain that a particular work is in the public domain worldwide is to see if the copyright holder has dedicated all rights to the work to the public domain by using CC0.
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use, and build upon a work that they have created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author’s work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.
There are several types of CC licenses. The licenses differ by several combinations that condition the terms of distribution. They were initially released on December 16, 2002 by Creative Commons, a U.S. non-profit corporation founded in 2001. There have also been four versions of the suite of licenses, numbered 1.0 through 4.0. As of 2016, the 4.0 license suite is the most current.
Types of licenses
The CC licenses all grant the “baseline rights”, such as the right to distribute the copyrighted work worldwide for non-commercial purposes, and without modification. The details of each of these licenses depend on the version, and comprises a selection out of four conditions:
Icon Right Description Attribution (BY) Licensees may copy, distribute, display and perform the work and make derivative works and remixes based on it only if they give the author or licensor the credits (attribution) in the manner specified by these. Share-alike (SA) Licensees may distribute derivative works only under a license identical (“not more restrictive”) to the license that governs the original work. (See also copyleft.) Without share-alike derivative works might be sublicensed with compatible but more restrictive license clauses, e.g. CC BY to CC BY-NC.) Non-commercial (NC) Licensees may copy, distribute, display, and perform the work and make derivative works and remixes based on it only for non-commercial purposes. No Derivative Works (ND) Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works and remixes based on it.