Most of the legal issues are the same whether the teaching is done in person or online (via an LMS).
If it was okay to do in class, it is often okay to do online – especially when your online access is limited to the same enrolled students (for example via an LMS).
You can continue to apply the fair dealing guidelines.
Use your university password-protected Blackboard to make material available to your students.
Contact firstname.lastname@example.org for further information or assistance.
This resource has been adapted for Canadian universities by the Canadian Association of Research Libraries from material prepared by the Copyright Office, University of Minnesota document Copyright Services, Rapidly shifting your course from in-person to online. Unless otherwise noted, all content is licensed under a Creative Commons Attribution-NonCommercial License. We would like to acknowledge some contribution of adaptation language from University of Toronto Scholarly Communications & Copyright Office and Ryerson University Library.
These guidelines assume that the user is working with a copyright-protected work; a University license does not cover the work; and the copying is a substantial part. These guidelines only deal with situations where fair dealing is relevant and are a general description of the extent of copying that is likely to be considered fair dealing in most contexts in accordance with the Copyright Act and the Supreme Court decisions.
1. Faculty, staff and students may reproduce, communicate or otherwise deal with short excerpts or portions of a copyright-protected work for educational purposes. Copying for the purpose of research, private study, parody, satire, criticism, review or news reporting is permitted under the fair dealing exception.
2. Sources must be mentioned. Copying or communicating short excerpts from a copyright-protected work under these Fair Dealing Guidelines for the purpose of news reporting, criticism, or review must mention the source, and if given in the source, the name of the author or creator of the work.
3. Reproducing a single copy of a “short excerpt” from a copyright-protected work may be provided or communicated to each student enrolled in a class or course as:
As a guideline, copying a portion of up to 10 percent of a work may be within fair dealing provided that in each case, the excerpt contains no more of the work than is required to achieve the allowable purpose. More that 10 percent may be fine under certain circumstances such as copying:
Note that fair dealing analyses consider all factors, including both the quality and quantity of the dealing.
4. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.
5. Any fee charged by the university for communicating or copying a short excerpt from a copyright protected work must be intended to cover only the costs of the university, including overhead costs.
If the dealing appears to fall outside the purpose and fairness factors of the fair dealing exception, you may need to examine additional statutory exceptions or seek clearance from the copyright owner before copying. The Fair Dealing exception is only one of several statutory exceptions contained in the Canadian Copyright Act. Other exceptions or conditions may apply to your situation.
The Ontario Tech Library licenses many electronic resources for its staff, faculty, and current students including indexes, databases, journals, and e-books. Access to these resources is governed by contractual agreements (license agreements) with resource providers. The agreements stipulate that access to the resource is restricted to current students, faculty and staff of Ontario Tech. Use of these resources may only be used for educational and research purposes only and not for commercial purposes.