Instructor FAQ

Frequently asked questions about copyright from instructors, including best practices in and out of the classroom, the library’s role, and course packs.

The Copyright Act sets out the rights and obligations that apply to teaching activities. These are explained in UBC's Copyright Guidelines for UBC Faculty, Staff and Students.

In the teaching context, you should pay particular attention to the following:

It is also important to consider the alternatives to copying and distributing works to your students. For example, consider using the Library Online Course Reserves (LOCR) tool in your LMS (e.g. Canvas, Entrada, Connect, MEDICOL) or linking to materials available through one of UBC's Digital Resources.

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If the images or materials are "short excerpts":

If the images or materials are "short excerpts" (as defined in the Fair Dealing Requirements for Faculty and Staff) it would be fair dealing to include those images or materials in a PowerPoint presentation and to distribute that presentation to your students, whether electronically (by email or posting on a learning management system) or in person via a handout.


If the images or materials are longer than "short excerpts":

If the images or materials are longer than "short excerpts," section 29.4 of the Copyright Act permits you to make copies of works to display in a classroom presentation on UBC premises for educational and training purposes, provided that the work is not already available in a commercial format in the Canadian market within a reasonable time and for a reasonable price, in a medium appropriate for educational or training purposes.

You may record the lecture, either as a video recording or "voice-over" PowerPoint and post the recording onto UBC's secure learning management system. This is permissible under section 30.01 of the Copyright Act, referred to as the "lessons exception." See the Copyright Guidelines for UBC Faculty, Staff and Students.

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You may make copies of works to hand out to each student in your classroom or post copies of such works into UBC's secure learning management system, if they qualify as "short excerpts" (as defined in the Fair Dealing Requirements for Faculty and Staff). That said, you are strongly encouraged to use the Library Online Course Reserves (LOCR) tool in the LMS you use (e.g. Canvas, Entrada, Connect, MEDICOL) to provide access to Library e-resources, such as full-text journal articles. For more information, please see the FAQs on LOCR, below. If you want to provide articles or excerpts from a book to students on a regular basis, for example, every year that you teach the course, and you know what articles or excerpts you want to include in advance, you can also consider creating a course pack.

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Copyright protection lasts for 50 years after the death of the author(s) of the work. Therefore, a book that is out of print may nonetheless be protected by copyright.

Fair dealing for educational uses allows making copies of "short excerpts," as explained in the Fair Dealing Requirements for UBC Faculty and Staff.

If more than a short excerpt is required, please contact the Copyright Office for assistance.

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If your goal is to achieve an educational or training purpose, then yes, so long as you follow the following rules (which are derived from section 29.5 of the Copyright Act):

  • you are faculty, staff or such other person that is acting under the authority of UBC;
  • the class is taking place on UBC premises;
  • the audience is primarily students in your class;
  • the sound recording is not an infringing copy (e.g. pirated) or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy; and
  • you do not circumvent a digital lock

If your purpose is non-educational (e.g. for background music or for a social event), you will need a licence (normally issued by SOCAN or Re:Sound). Please discuss this with the operators of the venue, and/or review the General Information about SOCAN and Re:Sound Fees.

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If your goal is to achieve an educational or training purpose, then yes, so long as you follow the following rules (which are derived from section 29.5 of the Copyright Act):

  • you are faculty, staff or such other person that is acting under the authority of UBC;
  • the class is taking place on UBC premises;
  • the audience is primarily students in your class;
  • the copy of the movie is not an infringing copy (e.g. pirated) or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy; and
  • you do not circumvent a digital lock

If your purpose is non-educational (e.g. a social event), the provisions described above do not apply, and you will need a license to show the film. However, UBC's special institutional feature film licences allow those feature films covered by a license to be shown in public spaces on campus for entertainment purposes. To determine if a feature film is covered by one of the licences, search the online catalogues of the following two film distributors:

Audio-Cine
Criterion Pictures

Please note that in order to qualify for use pursuant to either of the licences, a film screening must be free to attend, and the audience must consist primarily of current UBC faculty, staff, or students.

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If your goal is to achieve an educational or training purpose, then yes, so long as you follow the following rules (which are derived from section 30.04 of the Copyright Act):

  • the video is available through the Internet;
  • you did not break or circumvent a digital lock to access or obtain a copy of the work;
  • there is no clear and visible notice on the website or on the video itself that prohibits the use or reproduction of the video (the notice has to be more than just a copyright symbol);
  • you do not suspect that the video was posted without the consent of the owner of the video (e.g. the website is generally reputable and the person who posted the video appears to have a connection with the content. An example where you know or ought to suspect that a video is infringing is where you find a clip from a Game of Thrones episode that is posted by anyone other than HBO); and
  • you identify the source of the work and, if available and applicable, the author, performer, maker or broadcaster of the work.

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Netflix is a commercial service provided to individual end users – not the University. In other words, UBC does not have an institutional Netflix account. Therefore, your use of Netflix must comply with the Terms of Use you agreed to when you signed up for the service.

The rights you may otherwise have had, for example the educational exception described in FAQ 2.6 (above), and Fair Dealing in Practice, do not apply if they are inconsistent with the Netflix Terms of Use. If you have questions or concerns please contact the Copyright Office.

We recommend that you check YouTube, or any other publicly accessible site, to see if the clip you wish to use is legitimately available. Other options include:

  • Searching the UBC Library's catalogue to see if the title is in the UBC Library collection
  • Determining whether the title falls under the University's institutional film licences (see FAQ 2.6 above)
  • Purchasing or borrowing a physical commercial copy of the video (such as VHS, DVD or Blu-Ray)

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Generally, no.

However, see FAQs above to determine how copyrighted materials can be used for educational or training purposes in the classroom.

Also, works that are made available under a Creative Commons license are generally available for free, subject to certain conditions specified in the licence, such as non-commercial use only and acknowledgment of the author. For Creative Commons materials, visit the Creative Commons website for more information or check out their content directories which list audio, video, image and text materials available under Creative Commons licensing. Also, please see UBC's Creative Commons Guide.

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Generally, yes.

Unless you password-protect your website, it is publicly accessible, in the sense that anyone may visit it, not just your students. As a result, when you post material onto your site, it is being communicated to an unlimited audience.

UBC's learning management systems (Canvas, Entrada, Connect, MEDICOL) are password-protected, secure websites. Access to the course materials you post to your course site in the LMS is restricted to the students registered in that course.

This limited distribution is one of the considerations in determining how fair dealing and the educational exceptions set out in the Copyright Act apply at UBC (each of these is described above). Also, the distribution of materials obtained through one of UBC's digital licences may be restricted to learning management systems.

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Yes, if you have permission from the copyright holder to do so.

If you wish to distribute only a "short excerpt" of the work and you're in compliance with UBC's Fair Dealing Requirements, you may use email to distribute the excerpt to your students.

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The Copyright Act refers to "technology protection measures," which are commonly known as TPMs or digital locks. The term describes any technology, device or component that controls or restricts the access to or copying of a work (for example, password protection). For more information on digital locks, please see the Copyright Guidelines for UBC Faculty, Staff, and Students.

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Posting a single article from a periodical publication or a book chapter to one of UBC's secure learning management systems (Canvas, Entrada, Connect, MEDICOL) may be permitted under the Fair Dealing Requirements for UBC Faculty and Staff (see also Best Practices), unless this is not allowed under the terms of UBC's digital licence for the specific e-journal or e-book provided by the UBC Library. Please contact copyright.services@ubc.ca for assistance to confirm whether the terms of the UBC digital licence allow this posting.

You are strongly encouraged to use the Library course reserves tool in the learning management system (LMS) to provide access to Library e-resources, such as full-text journal articles. For help uploading PDFs into the Library course reserves, please contact permissions.office@ubc.ca.

You are also strongly encouraged to post a direct link to the work, instead of a copy of the article. In the Library's experience, this is the best way for students to access the most recent version of an article (It is common for publishers to make corrections or changes, such as adding supplementary material, to articles after initial publication). The Library course reserves tool in the LMS and the Library eLink tool are available for this purpose. As an added feature, a hyperlink to the article allows the UBC Library to track use and obtain data about the importance of a particular journal to the campus.

For more information, see the Library course reserves tool your LMS and UBC Library's eLink page. Before linking, read FAQ 2.15 below, for useful tips on how to link to another website.

PURLs, or Persistent URLs are links to web pages that remain stable over time. Not all URLs are permanent – some are “session-based.” These will not work after you log-off, navigate away from the page, and/or if you click them several hours later. You can use LOCR to create PURLs for your students. Alternatively, the UBC Library Guide to Finding Persistent URLs provides additional information on identifying and creating PURLs, including the EZProxy Link Generator.

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It depends on the cumulative amount you have copied.

The Fair Dealing Requirements for UBC Faculty and Staff define what a "short excerpt" is. The limit applies to all copies made from a particular work, including various editions of a work.

So, if you copy one page from a 100-page book on the first day of class, and two pages from the same book on the last day of class, you are within the 10% permitted under the Fair Dealing Requirements.

Similarly, if you copy five pages from edition 1 of a 100-page book, and later copy six pages from edition 2 of the same book, then this exceeds the 10% permitted under the Fair Dealing Requirements. For more information, please see Fair Dealing in Practice or contact the Copyright Office for assistance.

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Generally no, but you should check the website's "Terms of Use" section to confirm whether or not it has any specific linking prohibitions.

In addition, some of UBC's Digital Licenses contain linking prohibitions. Please check UBC's Digital Licences or contact the Copyright Office if you have questions or concerns.

If there are no restrictions on linking, you may link to the website. See our Best Practices document for more information.

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Only if you have obtained the student's permission. However, if the work contains third party copyrighted materials, you will also need to confirm that the student obtained the copyright owner's consent to use their materials, or that such materials are in the public domain, or that the use of the materials falls within the Fair Dealing Requirements for UBC Faculty and Staff. It is a good practice to ask students in advance whether they consent to have their work posted onto UBC's learning management systems and keep written records of the permissions given. UBC has developed student consent forms for these purposes. Please contact the Scholarly Communications & Copyright Office at copyright.services@ubc.ca for assistance.

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Generally, yes.

The student can obtain the copyright owner's consent (which may be granted by way of a Creative Commons license, or one of UBC's Digital Licenses), or the materials may be used if their use qualifies as fair dealing.

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If you wish to only distribute a "short excerpt," defined in the Fair Dealing Requirements for UBC Faculty and Staff, then you may distribute them as a class handout or post these materials onto one of UBC's secure learning management systems.

In all other circumstances, you should discuss your planned use with the publisher's representative. Please note, however that the publishers listed below have provided UBC with general consents to use their copyrighted works in specific circumstances. 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.

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Library Online Course Reserves (LOCR) is a tool that allows you to easily add articles, books, web links, and media resources to an online list associated with your course. After your reading list is created, you'll be provided with a link to this resource that you can circulate to students in any way you like: print syllabus, email, posting to a learning management system (e.g. Canvas, Entrada, Connect, MEDICOL), and so on. Your course LOCR will only be available for your actively enrolled students; the Library keeps detailed records so that you can quickly reactivate the list in future terms.

The Library website has an online guide to adding resources to your LOCR list. Once you've arrived at the Library guide, click on the "Instructor Resources" tab for instructions on getting started and adding resources. The guide also includes a series of short YouTube tutorials for your convenience. Using LOCR, you should be able to locate and select any print or electronic resources you'd like added to your list. If you need any further assistance with this tool, you can also contact Course Reserves at the library branch for your discipline.

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Generally yes, although there are a few exceptions. For more information, please contact Course Reserves at the library branch for your discipline.

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Yes, you are free to create a direct link yourself, although you might want to consider reasons to have the Library do it for you. As well as saving you time, there are two advantages to having the Library create the link. The first is that LOCR will prompt your students to log in to gain access without any direction on your part. The second is that Library staff will prepare a "persistent" URL. The publisher's URL for many articles can change from day to day; a persistent URL will ensure that your students get to the right articles quickly and without frustration.

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Yes, so long as the copy is in compliance with copyright law. In many cases, works will be covered by fair dealing and may be scanned and posted without the need to obtain permission. Where permission is required, this process can take from 1 to 8 weeks and the copyright owner may require a fee.

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The UBC Library may request articles to be electronically transmitted to the UBC Library from another library. Interlibrary loans may be subject to a fee and other requirements. For more information, contact us.

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The UBC Library contracts with a variety of vendors and publishers to provide access to millions of electronic resources (databases, e-journals, e-books, etc.). These licences stipulate how and by whom an electronic resource may be used. Please check the UBC License Information Database of electronic resources at http://licenses.library.ubc.ca/, which sets out a summary of the permissions granted by each electronic resources license.

If the terms of a UBC electronic resources licence are violated by a library user, publishers may temporarily suspend access for the entire UBC community. In cases where a resolution cannot be reached, the publisher may cancel the licence or impose additional restrictions.

If you have questions about a particular electronic resource or UBC digital licence, please contact UBC Library E-Resources and Licenses.

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The rules for making a digital copy are the same as the rules for making a physical (paper) copy.

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A course pack is a compilation of works from one or more sources. The UBC Bookstore can assist you in producing a course pack by applying copyright law and the terms of UBC's digital license (where possible), and where necessary, negotiating with the publishers or copyright holders for the material you wish to use. The cost of course packs will vary depending on fees charged by copyright holders (where required), the number of pages and documents, and the volume of course packs being produced. Those costs are reflected in the selling price of the course pack.

Please contact the Bookstore for more information on how to create a course pack, as well as important deadlines.

Vancouver campus: custom.course@ubc.ca
Okanagan campus: ubco.coursematerials@ubc.ca

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If you have engaged the UBC Bookstore to produce the course pack, trained Bookstore staff will ensure that the copyrighted works are included in your course pack in compliance with copyright laws. There are three ways that the Bookstore may include copyrighted material in a coursepack:

  • they are covered by an electronic resources licence, if the terms of the UBC digital licences permit the making of copies for inclusion in course packs;
  • fair dealing, if the copy requested falls within UBC's Fair Dealing Requirements; or
  • express permission from the copyright holder, or their representative.

If you have not engaged the UBC Bookstore to produce a course pack, express permission from the copyright holder, or their representative will likely be necessary.

If you have any questions about copyrighted materials you would like to include in a coursepack, please email the UBC Bookstore:

Vancouver campus: custom.course@ubc.ca
Okanagan campus: ubco.coursematerials@ubc.ca

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If you hold copyright then you have the authority to grant permission for the use of the work (in a course pack, handout etc.) unless you have assigned your copyright to a publisher or any other party.

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Any job submitted for printing must be checked for copyright compliance. If you have permission to copy the item from the copyright owner, please provide documentation for the permission when submitting your order. If you do not have permission, the UBC Bookstore staff will request permission if required.

There are some special cases, such as reproducing entire out-of-print books or rare/fragile materials, which may take longer for copyright compliance clearance. When you place your order, the UBC Bookstore staff can assess what copyright clearance may be required. If you have any questions regarding copyrighted materials to be included in a printing job, please email the Bookstore:

Vancouver campus: custom.course@ubc.ca
Okanagan campus: ubco.coursematerials@ubc.ca

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Not necessarily. It depends on what permission you are relying upon.

If the copy you've placed on the LMS is a short excerpt (as defined in the Fair Dealing Requirements for UBC Faculty and Staff), the same short excerpt may be made available to students in a course pack, and/or a class handout. Please consult the Fair Dealing Requirements for UBC Faculty and Staff for further information and important restrictions.

If you've placed a copy on the LMS pursuant to the terms of an electronic resources license, then you must confirm that the terms of the license permit using the work in a course pack. Not all licenses allow this.

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Yes. The UBC Rights & Permissions service obtains and tracks course-related copyright permissions and transactional licenses for faculty and instructors. The UBC Bookstore obtains copyright permissions for printed course packs. For other uses, you may obtain permission yourself by simply emailing or writing a letter to the copyright owner, contact a copyright person at UBC Vancouver or UBC Okanagan, or email copyright.services@ubc.ca for assistance.

If the copyright owner agrees to our request, the permission to copy the work will generally come by way of a one-off transaction license agreement between UBC and the copyright owner. There is no obligation for the copyright holder to provide consent and the copyright holder may require payment of a transactional license fee or decide not to provide consent. Permissions Services will work with you in the event that a transactional license fee is required. UBC has allocated resources to assist with the payment of such fees and permissions services but these resources may not cover the entire cost of such transactional licence fees.

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source: http://wiki.ubc.ca/Copyright:Official_Documents/FAQs/Instructors

Text for many of the above FAQs was originally adapted from Waterloo Copyright FAQ by University of Waterloo, licenced under a Creative Commons CC BY-NC 2.5 CA Licence and University of Saskatchewan Copyright by the University of Saskatchewan, licensed under a Creative Commons CC BY-NC-SA 3.0 Licence. UBC’s FAQs are licensed under a Creative Commons CC BY-SA 4.0 Licence with permission from the University of Saskatchewan.