Canadian School Boards Association: https://www.cdnsba.org/canadian-copyright-reform

Council of Minister of Education Canada: https://www.cmec.ca/466/Copyright_Information_for_Teachers.html

Creative Commons: https://creativecommons.org/

Fair Dealings Decision Tool - http://fairdealingdecisiontool.ca/

Government of Canada: Canadian Intellectual Copyright and Property Office - https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html

Government of Canada Justice Laws Website: Copyright Act - https://laws-lois.justice.gc.ca/eng/acts/c-42/index.html

The Copyright Act allows the use of copyright-protected works to be used without written permission or royalty payments if the use of the work is considered a “fair dealings” exemption (Section 29) such as for education, research, private study, parody, satire, criticism, or news reporting.

In the educational sphere, we have permission to use copyrighted material because it is a benefit to the students, our ability to teach, and their learning. So long as the “fair dealings” clause is followed, we are not infringing on copyright.

For more information:

Council of Ministers of Education Canada. Copyright Information for Teachers. https://www.cmec.ca/466/Copyright_Information_for_Teachers.html

Some Common Educational Uses

• Display a copyrighted work in your classroom

• Watch a performance in your classroom

• Listen to music in your classroom

• Share links to online sources on an online platform that is password protected (If you know that the material being shared online is copyrighted and that the source link is an infringement of copyright it should not be shared)

• Share a short excerpt, 10% of copyrighted material (textbook, literary work, musical score, sound recording, or audiovisual work) in class, used as a handout, or posted on an online platform that is password protected and only accessible to our students

• Share a Full article from a journal (Use DOI Link (the 10-digit identifier) often included in the citation if available

• Share an entire entry from an encyclopedia, annotated bibliography, dictionary, or reference source

• Share an entire news article, or webpage

• Share a full musical score or poem from a collection of works (e.g. anthology)

• Share copy protected image (painting, print, chart, map, diagram, blueprint, plan)

• All uses must be for educational purposes

What not to do:

• No streaming of individually subscribed material such as Netflix. These have individual user agreements that change often (Vobeyda, 2019)

• No copying of consumables (worksheets) unless the copyright licence allows it (e.g. creative commons, you created the worksheet)

• You cannot copy or share online (e.g. on an online learning platform or website) more than 10% of a commercially published book or textbook

• Do not share all or a substantial part of a copyright-protected work (e.g. copyright protected textbook). This includes copying one chapter of a book and sharing it with students one week and then the following week sharing another chapter with the intention of copying and communicating substantially the entire work (limit sharing to 10% of the work)

• Do not copy a full article. Share the link to the resource instead.

• Avoid uploading copyrighted material to a password protected site (Google Classroom) – use a link to resource instead. If you know the content you are sharing in a link is not following copyright law, do not share the content.

• Do not retain copies of copyrighted material for future use

Fair Dealing Requirements

• Always cite your sources

• Always keep in mind that the materials used must for education, research, private study, parody, satire, criticism, or news reporting

• Use links to sources instead of the actual material when ever possible (e.g. link to video or source, not actual source uploaded to your webpage or learning platform)

• If using a password protected learning platform, you have the flexibility of following the “fair dealings” exemption. If you are using a website (openly available to the public, you need to follow the Copyright Act (without the “fair dealings” exemption for education)

• Seek the advice of your administration if you are unsure on the uses of a material

• Explain or ensure the copyrighted works shared with students using the “fair dealings” exemption will not be further distributed

• Infringement of copyright is a serious matter and unlawful

Following copyright and “fair dealings” exemption you can do these (so long as you are still following copyright law):

· Photocopy

· Share through Email

· Share on Google Classroom (or another password protected learning management platform)

· Share a PowerPoint in a Presentation

· Record a video of yourself to share with your students

In Class & Online Learning Platform (students need to login to access materials)

When sharing content with your students in the classroom and through an online learning platform (limited to your students through login and password) the rules are the same.

If you are sharing content with students through a website that is available to anyone on the web, the rules are different and do not include fair dealings policies. This is because educators have greater flexibility when sharing copyrighted material for education purposes through following the fair dealings policies. Fair dealing policies do not cover distribution of commercially copyrighted material over the web because more than just our students could have access to those resources.

“The Canadian Copyright Act allows the use of material from a copyright protected work (literature, musical scores, audiovisual works, etc.) without permission when certain conditions are met. People can use fair dealing for research, private study, education, parody, satire, criticism, review, and news reporting” (Fair Dealing Canada).

Use the “Fair Dealing Decision Tool” to check to see if you are following copyright fair use law.

• University of Alberta Citation guides

• Citation generator such as EasyBib or CitationMachine

Sample of MLA Citation:

Book Works Cited Structure: Last, First M. Book Title. Publisher, Year Published.

Bhabha, Homi K. The Location of Culture. Routledge, 1994.

In Text Citation: [Author’s last name, page number] (Bhabha, 6)

____________________________________________________________________

Part of a Book (e.g. Poem): Last, First M. Book Title. Editor. Publisher, Year Published, page numbers of section.

Kincaid, Jamaica. "Girl." The Vintage Book of Contemporary American Short Stories, edited by Tobias Wolff, Vintage, 1994, pp. 306-07.

In Text Citation: [Author’s last name, page number] (Kincaid, 307)

____________________________________________________________________

Online Article Works Cited Structure: Last Name, First M. “Title of the Article.” Journal Name, volume number, issue number, page numbers.

Kazemipur, Abdolmohammad, and Shiva Halli. “The Invisible Barrier: Neighbourhood Poverty and Integration of Immigrants in Canada.” Journal of International Migration and Integration, vol. 1, no. 1, 2000, pp. 85-100

In Text Citation: [Author’s last name, page number] (Kazemiour and Halli, 88)

____________________________________________________________________

Digital Image Works Cited Structure: Last name, First name. “Title of the Digital Image.” Title of the website, First name Last name of any contributors, Version (if applicable), Number (if applicable), Publisher, Publication date, URL.

Status, Whatsapp. “Success all Depends on the Second Letter.” Sai Quotes, 2019, July 19, https://www.saiquotes.com/2019/07/success-quotes.html

In Text Citation: [Author’s last name] (Status)

University of Alberta . MLA Citation Guide. 30 Oct. 2019, https://guides.library.ualberta.ca/ld.php?content_id=17742321. Accessed 12 Dec.2019

Creative Commons (CC) is a form of copyright. Depending on the license the creator used to protect their work, the work can be copied, distributed, edited, remixed, or built upon for commercial or non-commercial purposes.

CC Frequently Asked Questions

Creative Commons is a set of copyright licenses, a global movement, and a not-for-profit organization. Its principals are part of the “open movement” of openness, collaboration, and shared innovation. Its uses stretch from YouTube and Wikipedia to scientific research, open data, and scholarship.

Many individuals and institutions worldwide have joined the movement to remove barriers to information and freely share ideas. The open movement includes open access, open content, open education, open pedagogy, open innovation, open research, open data, open source, open science, and open licensing.

“Creative Commons has a formal CC Global Network, which includes lawyers, activists, scholars, artists, and more, all working on a wide range of projects and issues connected to sharing and collaboration” (Creative Commons, 2020, p. 8).

View the combination of licenses

• Use a copyrighted material following the “Fair Use” exemption.

• Consider using a non-copyrighted equivalent (public domain)

• Use a creative commons copyrighted material that fits your needs without infringing on copyright

If you still want to use a source that is copyrighted that doesn’t fall within the fair use guidelines, you can contact the creator or copyright holder.

Canada Copyright Search

United States Copyright Search

The resources teachers in Alberta create for teaching belong to the district. This said, if you really want to share one of your creations (e.g. a lesson plan on an Open Education Resource website) you could ask for permission from GPPSD to share. Before seeking permission from the district, you may want to decide what copyright license you would like to place on the work (e.g. C, CC, BY, NC, SA, ND, 0). This CC tool may help you decide what license to use, if you are interested in CC licensing.

If seeking permission from our district you may contact the Alberta Teachers Association for guidance, though it is through our district, the contracts mutually agreed upon, and the collective agreement that a negotiation to your right to ownership is decided. The school is under no legal obligation to transfer rights to staff.

Copyright Act (R.S.C., 1985, c. C-42). Ownership of copyright, Part 1: Copyright and Moral Rights in Works, Section 13 (3)

Marginal note: Work made in the course of employment

(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.

(Government of Canada, 1985).