3.5 Is it okay to use images or other material from the internet for educational purposes?
3.6 Do I need to ask permission to link to a website?
3.1 Is there any difference between posting something on my own website versus posting something on UBC’s learning management systems? What about if I want to email something to my students?
Yes. Posting a copyrighted work on your own website without the copyright owner’s consent would generally be considered to be copyright infringement. By contrast, UBC’s learning management system is a password protected, secure website accessible only by students. In some cases, posting material on UBC’s learning management systems may be permitted by one of UBC’s digital licences or in accordance with the Fair Dealing Guidelines for the purposes of criticism, review or news reporting only. In other cases, you may need to obtain consent from the copyright owner. The key thing to remember are that just because you have permission to post copyrighted materials on UBC’s learning management systems does not mean that you have permission to post the same materials on your own personal website.
Similarly, emailing copyright materials to your students may be covered by fair dealing, an exception in the Copyright Act or a University licence, however, a good and risk-free alternative is to create a link to the copyrighted work or post it on a UBC’s learning management system instead (provided that such posting is authorized by an existing UBC digital licence).
3.2 May I upload a PDF of a journal article I obtained through the library’s e-journals to UBC’s learning management systems for my students to read?
The licences for many of the e-journals provided by the Library allow instructors to upload articles into secure course management systems such as UBC’s learning management systems. While there may be good reason to upload articles into UBC’s learning management systems, it is important to consider that doing so may mean that your students do not have the most recent version of the article. It is not unusual for publishers to make corrections or changes, such as adding supplementary material, to articles after initial publication. If such changes are made after a copy has been uploaded they will not be reflected in that copy. A direct link is the best way to ensure access to the most recent version of an article. Linking to the article also allows the UBC Library to track use and obtain data about the importance of a particular journal to the campus.
For more information, see UBC Library’s eLink page.
While uploading and linking to articles in UBC’s learning management systems is generally permitted by the licences, it is important to remember that licences generally do not permit you to upload to a website, or create links on a website, that is not part of UBC’s secure network, and that is open to the world at large. None of the licences that UBC has with publishers allows for uploading to, or linking from, websites that allow access without authentication.
3.3 I gave a PowerPoint presentation in class which includes figures from a textbook. Can I post it on UBC’s learning management systems? 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.
If you do not have express permission from the publisher, you may still be able to include the figures if you satisfy the fair dealing exception, i.e. you critique or review the figures in your presentation and your use could be characterized as fair, as long as you comply with the Fair Dealing Guidelines.
At a minimum, you should abide by the following limitations:
- ALWAYS include a credit to the author and source of the figures (if no such credit is given, you cannot rely on the fair dealing exception);
- ALWAYS include some sort of critique or review of the figures (if the work is posted without any sort of review, your purpose will not fall within ‘criticism or review’);
- Only include figures that are necessary for the purpose of the course and try to limit it to as few as possible;
- Make sure the figures are not downloadable or cannot be copied in any way;
- Limit access to the site to students enrolled in your course;
- Include guidelines or a notice on the site which makes clear that you are providing the figures for the purposes of criticism or review, and that the copyrighted materials must not be copied, reproduced, altered, distributed or used for any other purpose;
- Take measures to protect the security of the site, such as passwords and encryption, so that other users cannot access it;
- Remove the figures from the site as soon as the course is finished; and
- Don’t use the excerpts on a systemic, repeated basis. If you want to include the excerpts in your course every year, you should obtain permission from the copyright owner.
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 defence if the way in which you have 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.
3.4 May I scan a print journal article or a book chapter into a PDF and post it on UBC’s learning management systems?
Scanning material and posting it online is not permitted unless you have the copyright owner’s permission or are covered by the fair dealing exception. The fact that UBC’s learning management systems are password protected does not mean you may post anything you want on such websites. Posting a substantial part of any copyrighted materials onto any website, whether secured or unsecured, constitutes copyright infringement if the copyright owner’s consent has not been obtained. Therefore, to be safe you should obtain the copyright owner’s consent or consider using an eLink.
If you want to scan something and use it in your research or study, you may only do so if this is permitted under an exception in the Copyright Act such as the fair dealing exception. If what you want to do falls outside the exceptions in the Copyright Act, you will need to get the copyright owner’s permission.
3.5 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 treated the same way under copyright law as any other copyrighted materials, so if you want to use them, you have to either fall within one of the Copyright 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 specific consents have been provided by the copyright owner to allow use of the website’s materials. In some cases, you may be able to use the website materials for free for non-commercial and educational purposes. However, please note that if the website, including the Terms of Use or Legal Notices sections do not provide any consents relating to use of website materials, you should assume that copyright consents are required from the copyright owner.
3.6 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 confirm 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 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.
3.7 May I post examples of my students’ work on my UBC’s learning management system course or on my personal website?
Only if you have the student’s permission. The University only has the right to make copies of the work for academic purposes, but this right does not extend to making such works available online. Accordingly, you should ask students in advance whether they consent to have their work posted online and keep written records of the permissions given.
3.8 I adopted a textbook for my course, and the book representative gave me instructional materials, including images, PowerPoint files, etc. Can I distribute any of those materials to my students on paper or in my WebCT Vista course website?
You will need to check with your textbook representative for information on this matter, except for the publishers listed below who have provided UBC with specific consents to use their copyrighted works. Currently, these publishers include:
Pearson allows a course instructor who has adopted a Pearson textbook to reproduce Pearson-owned content items included within the textbook and/or instructor support materials (e.g. images, art, tables, solutions/answers, test questions), for the following limited purposes: inclusion in a password-protected course website, use as presentation material in your classroom lectures, or inclusion in paper tests/exams, hand-outs, or assignments that you create for the sole purpose of supporting your course syllabus. Please note that you may not photocopy, scan or reproduce any Pearson-owned content items included in the text or Instructor Support Materials for purposes of including them in course packs or other saleable works or products.
Wiley will allow a course instructor who has adopted a Wiley textbook to reproduce, on a limited license basis and not for further distribution, Wiley-owned content items included within the textbook and/or instructor support materials (e.g. images, art, tables, solutions/answers, test questions), for the following limited educational purposes: inclusion in a password-protected course website, use as presentation material in your classroom lectures, or inclusion in paper tests/exams, hand-outs, or assignments that you create for the sole purpose of supporting your course syllabus. This limited permission shall be in effect for as long as the textbook is adopted, but this permission shall automatically expire if the textbook is no longer adopted. In such event any Wiley owned content must be removed. Please note that you may not photocopy, scan or reproduce any Wiley-owned content items included in the text or Instructor Support Materials for purposes of including them in course packs or other saleable works or products without further written permission.
