Provided the Fair Dealing criteria are met, you may copy, in paper or electronic form, a "Short Excerpt" for education purposes.
A "Short Exception" is 10% or less of a Work, or, no more than:
- One chapter from a book
- A single article from a periodical
- An entire artistic work (painting, print, photograph, diagram, drawing, map, etc) from a work containing other artistic work
- An entire newspaper article or page
- An entire single poem or musical score from a work containing other poems or musical scores
- An entire entry from an encyclopedia, annotated bibliography or similar reference work
The "Short Excerpt" may be provided to registered students as:
- A class handout
- A posting on the LMS
- Part of a course-pack
The Short Excerpt should be referenced correctly. Further information
- reproduce, translate or perform a work in public on the premises of UBC, as required for a test or examination, provided the work is not already available in a commercial format;
- communicate a work by telecommunication to the public situated on the premises of UBC, as required for a test or examination, provided the work is not already available in a commercial format;
- communicate a lesson (including tests or exams), to the students enrolled in that specific course, by telecommunication for education or training purposes, and record such lessons. The student can also make a copy of such telecommunicated lesson to be viewed or listened to at a later time, provided that:
- the student and the institution must destroy the recording or copy within 30 days after receipt by students of their final course evaluations;
- the institution must take reasonable measures to limit the audience to students only, and to prevent the students from fixing, reproducing or communicating such lessons except as permitted under this exception.
The recordings cannot be sold or distributed widely (beyond the audience of students enrolled in the class);
- reproduce, communicate by telecommunication and perform for an audience consisting primarily of UBC students or other persons acting under UBC's authority, for educational or training purposes, works or other subject matter that is available through the internet, unless:
- the works are protected by a Digital Lock that restricts access to the work or other subject-matter or to the website;
- a clearly visible notice (and not merely the copyright symbol alone) prohibiting such act is posted on the website or on the work or other subject matter itself; or
- the educational institution or person acting under its authority knows or should have known that the works were made available on the Internet without consent of the copyright owner;
and the following must be mentioned in respect of the work:
- the source; and
- name of author, performer, maker or broadcaster (if provided in the source)
- make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of UBC for educational or training purposes; and
- perform the copy in public before an audience consisting primarily of students of UBC on its premises for educational or training purposes.
Educational institutions relying on this exception no longer have to pay royalties, destroy copies of news or commentary programs after on year, or keep records of the copies made of news or commentary programs;
The following are other exceptions under the Copyright Act that apply generally, but are relevant to educational institutions and persons acting under the authority of an educational institution.
Computer Programs:
If you own a copy of the computer program that is authorized by the owner of the copyright, or has a licence to use a copy of the computer program, you may:
- reproduce the copy by adapting, modifying or converting it, or translating it into another computer language, if you prove that the reproduced copy:
- is essential for the compatibility of the computer program with a particular computer;
- is solely for your own use; and
- was destroyed immediately after you ceased to be the owner of the copy of the computer program or to have a licence to use it;
- reproduce for backup purposes the copy or a reproduced copy referred to above if you prove that the reproduction for backup purposes was destroyed immediately after you ceased to be the owner of the copy of the computer program or to have a licence to use it; and/or
- reproduce the copy for the sole purpose of obtaining information so you can make the program and any other computer program interoperable.
Encryption Research, Security and Temporary Reproductions for Technological Processes:
- reproduce a work or other subject-matter for the purposes of encryption research if:
- it would not be practical to carry out the research without making the copy;
- you have lawfully obtained the work or other subject-matter; and
- you have informed the owner of the copyright in the work or other subject-matter;
- reproduce a work or other subject-matter for the sole purpose, with the consent of the owner or administrator of a computer, computer system or computer network, of assessing the vulnerability of the computer, system or network or of correcting any security flaws; and/or
- make a reproduction of a work or other subject-matter if such reproduction:
- forms an essential part of a technological process;
- has the sole purpose of facilitating a use that is not an infringement of copyright; and
- exists only for the duration of the technological process.
