Format & Media Type

For print publications, the following amounts can be reproduced and distributed to learners (electronic or physical copies):

Book

• 10% or one chapter, whichever is greater

Journal, Magazine, & Newspaper

• A single article from an issue

Encyclopedia, Bibliography, & Dictionary

• An entire entry from an encyclopedia, annotated bibliography, dictionary, or similar reference work

Music

• One musical score from a work containing other musical scores

Poetry

• An entire single poem from a work containing other poems

Compilation of Artistic Works

• An entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works

Section 30.04 of the Copyright Act, commonly referred to as the Internet Exception for Education, allows faculty to reproduce, save, download, and distribute publicly available material from the Internet only if the following criteria are met:

1. The content has been made available by the copyright holder
2. The content is not password-protected
3. There is no clearly visible notice prohibiting educational use (the copyright symbol does not qualify as a visible notice that overrides the Internet Exception)
4. The source and author/creator are cited

Internet content that passes these four criteria include:

• Publicly available articles from news websites
  • Example: https://www.bbc.com/news
• Publicly available government documents
  • Example: https://www.statcan.gc.ca/en/start
• Publicly available documents from regulatory bodies, agencies, or professional associations
  • Example: https://www.who.int

Here are some examples of Internet content that does not pass all four criteria:

• Articles from https://www.washingtonpost.com do not qualify since they require a personal subscription to view
• The online version of the Guide to the Project Management Body of Knowledge (PMBOK Guide) does not qualify since you must have a member account to view the content
• Scans of articles from https://www.taylorswiftweb.net do not qualify since it is clear the operators of this website have uploaded material from many different publications without permission

Additional details on using online sources for images, videos, and music are discussed in the sections below.

Print Source

If an image is available in a print source use the reproduction and distribution guidelines in the Print Sources section on this page.

For example, it would be acceptable to use up to 21 pages of images, graphics and/or diagrams from a 210-page print work that contains a significant amount of text.

Online Source

The Internet Exception for Education details how online images can be used for educational purposes. Remember that in order to use an image from an online source, the following criteria must be met:

1. The content has been made available by the copyright holder
2. The content is not password-protected
3. There is no clearly visible notice prohibiting educational use (the copyright symbol does not qualify as a visible notice that overrides the Internet Exception)
4. The source and author/creator are cited

Examples of sources for images that pass these four criteria include:

• CBC News: https://www.cbc.ca/news
• National Gallery of Canada: https://www.gallery.ca/
• Toronto Raptors: https://raptors.com

Examples of sources for images that do not pass these four criteria include:

• Images from the https://thebeyonceworld.com since it is clear the operators of this website have uploaded images from many different publications without permission of the individual copyright holders.
• Images from https://vintagenatgeographic.tumblr.com/ since the website gives no indication it is affiliated with the National Geographic Society, which is the copyright holder for these images.

Visit the Open Educational Resources section for details on online sources for images with flexible terms of use.

Film and video are available from a wide variety of sources. How film and video can be used for teaching depends on the format or platform the content is accessed from.

DVDs & Blu-rays

• DVDs & Blu-rays (movies, tv shows, documentaries, etc.) can be played in class if they are legally acquired versions.
• They cannot be streamed via platforms like Teams, Zoom, etc.
• As detailed in the Copyright Policy, commercial DVDs & Blu-rays come with a technical protection measure (digital lock) that cannot be bypassed. This means you cannot copy the content from these discs to a digital file.
• See the Video Clip Service section for details on options for creating clips from a DVD or Blu-ray.

YouTube and Other Internet Video Platforms

• Faculty can show videos hosted on sites such as YouTube, TED, Vimeo, etc. in-class or link to them in Blackboard if:
  
  • The video was uploaded by the copyright holder. The username is the best clue to confirm the status of the uploader. Watch the YouTube and Copyright video for details on how to identify legitimate uploaders.
  • The video is publicly accessible on the web (i.e., no login or account is required to view it).
• You should avoid linking to or assigning videos that have not been uploaded by the copyright holder. First, videos like this may be removed from a site like YouTube at any time which may interfere with students' ability to complete their course work, and secondly, using content not sanctioned by the copyright holder does not model behaviour respectful to creators.

Netflix and Other Commerical Streaming Services

• Platforms like Netflix and Crave are subject to contractual obligations that restrict their use to the subscriber only. The content is intended for personal/household viewing and cannot be used for teaching.
• Attempting to share your screen to show content from these platforms over Teams, Zoom, etc. is a violation of the subscriber license you have agreed to.

Library Streaming Videos

• Humber Libraries' collection of streaming videos can be shown in class and linked to in Blackboard.
• Access titles from Criterion Pictures, NFB Campus, Kanopy, and others.
• Contact copyright@humber.ca if you would like stable links to these videos that can be included in Blackboard.

Every song comprises two distinct copyrights: the musical composition (including lyrics) and the sound recording (performance of the composition).

The reason the rules for using music are more complex than for other works is that the two rights may be owned by different people.

Legally purchased CDs from a library or personal collection can be played in class but cannot be shared via platforms like Teams and Zoom.

The library provides access to a number of platforms that can be used for teaching.

Publicly available platforms licensed to provide access to music, like YouTube Vevo, can be used for teaching.

Music from personal subscription/licensed platforms like iTunes cannot be used for teaching since that would violate the license you have agreed to.

Visit the Open Educational Resources page for links to openly licensed music sources.

Section 29.21 of the Copyright Act, known as the Non-commercial User-generated Content clause, provides faculty with the flexibility to create a mash-up or remix of content. In other words, you can use an existing work in the creation and dissemination of a new work if certain rules are followed.

In order to utilize this exception, you are required to:

• use a non-infringing version of a work
• cite the source of any material you are using
• not bypass a digital lock to copy the content you wish to use
• avoid any use that may have an adverse effect (financial or otherwise) on the copyright owner’s content

Humber Libraries provides access to a wide variety of online resources, including eBooks, journals, streaming videos, and data sources. These resources are licensed to be accessed and used by current Humber students and employees. Therefore, they are an ideal source for assigned course materials.

It is important to know that in almost all cases the licenses for the content in these databases (PDFs, images, video files, etc.) prohibit uploading the content directly into Blackboard. The content must be linked to. See the Course Resource Services page for details on how these resources can be integrated into your course.

Humber licenses several platforms for employee and student use. These include LinkedIn Learning, Microsoft Office, Adobe Creative Cloud, etc. As detailed in the Acceptable Use Policy for Digital Services, your use of the content available from these services (images, videos, etc.) must adhere to the terms of use Humber has agreed to in the licenses with each vendor.