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Copyright Status

From Information about Isaak, Brock University's Sakai-Based LMS

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When instructors or students upload files to the Resources, Drop Box or Podcasts tool in Isaak/Sakai they must indicate the items copyright status when doing so through the standard web interface.

You can learn more about Uploading files in our Uploading files article.


[edit] What do all the options mean?

[edit] I hold copyright to this material

This status should be selected if your created the material you wish to upload and have not given up your copyright rights. This would cover materials like course outlines and your presentation slides.

Bear in mind:

  • Presentation slides – you can include a reasonable amount of third party materials in your presentation slides under the fair dealing exception. So even if your slides contain images from the web or figures from a journal article, you can still select ‘I hold copyright to this material’ as you hold copyright in the overall presentation.
  • Articles you have authored – when you publish, you often assign copyright to the publisher and relinquish some or all of your rights to use the article for teaching purposes. If you want to upload an article you have written, you should check your publishing agreement or the journal’s website (look for an ‘information for authors’ section) to confirm whether you can post the article to a course management system like Isaak or whether you are limited to use the pre-print version or require the publisher’s permission.

[edit] Material is licensed by the Brock University Library

This status should be selected when uploading PDFs of e-journal articles or e-book chapters available through the Brock Library. Please note, before posting a PDF of an e-journal article, you should check the Library’s licence database to confirm that the journal’s licence allows you to post PDFs. Some journals will only allow you to link to their articles.

For instructions on how to determine what the licences allow, visit: How can I find out what I can do with articles under library subscriptions. For e-book terms, email liblicense@brocku.ca

[edit] Material is covered by the Access Copyright licence

This status should be selected if the material is an excerpt from a published work (e.g. a book chapter or a journal article) and is not covered by a Brock University Library licence or otherwise permitted by the copyright holder or the Copyright Act. This will generally cover materials like scanned book chapters and journal articles for which Brock does not have a licence.

For further information about the licence and what it covers, visit: What are limits under the Access Copyright license

[edit] Material is covered by a licence from the copyright holder

This status should be selected if the copyright holder has given you permission to use their material, either directly or under a general licence. This would cover materials like Open Access material or images or articles licensed under a Creative Commons licence, or material provided by a colleague who wrote it themselves and has consented to you posting the material.

This status would also cover works produced by the Government of Canada or website materials of the Government of Ontario, as both governments allow you to reproduce these materials for non-commercial purposes, provided there is nothing on the material suggesting otherwise and credit is given (and, in the case of Canadian Government materials, you indicate that it is not an official reproduction).

This status would also cover the 'instructor resources' which a publisher has made available to you because you have adopted a their textbook as a required text, as there is an implied licence that such resources can be shared with students (though if you want to be sure, or the publisher has indicated otherwise, you should confirm your rights with the publisher rep).

[edit] Material is out of copyright

This status should be selected if the copyright has expired. Copyright generally lasts for 50 years after the author dies, though there are some exceptions.

For further information, see: When does material fall out of copyright

[edit] Material is covered by an exception in the Copyright Act

This status should be selected if you believe your use falls within an exception in the Copyright Act. For example, if your use is fair dealing in accordance with the University's fair dealing policy, you should select this option. For more information about the fair dealing exception, click here: [1]. You could also select this option if you are posting internet materials to Isaak under the 'educational use of the internet exception - which is available if you give credit to the author and source of the material, the material is not locked down by any sort of digital lock (e.g. password protection), there is no clearly visible notice prohibiting you from what you want to do, and the material appears to have been posted legitimately, i.e. by or with the consent of the copyright holder.

[edit] Material is only an insubstantial portion of a work

This status should be selected if you are only using a small or minor excerpt from a work. You’ll need to consider both the quantity of the excerpt (i.e. how much are you using as a proportion of the overall work) and the quality (i.e. are you taking the core or the heart of the work?).

For further information, visit: What constitutes an insubstantial portion of work

[edit] I don’t know

This should be selected if you are unsure about the copyright status of the file or none of the above categories are appropriate. In both cases, you can provide further information about the file in the ‘Copyright Information’ box.

Guide to copyright and Isaak/Sakai

Articles in the Isaak/Sakai wiki answer questions such as:

When is it OK to post your own material | When does material fall out of copyright | What constitutes an insubstantial portion of work | How does copyright work for Canadian, Ontario, or US government materials | How can I find out what I can do with articles under library subscriptions | Isaak/Sakai Resources tool's Copyright Status options | What are limits under the Access Copyright license

More Information on Brock University's Web Site:   Brock University Copyright Information Site | Brock Copyright FAQ ] | Contact the CPI for help

For further information, please visit the Brock University Copyright Information Site or contact the University’s Copyright Coordinator at copyright@brocku.ca.

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