Brock's Fair Dealing Policy
Brock’s Fair Dealing Policy
In February 2013, Brock’s Board of Trustees approved a Fair Dealing Policy which governs how Brock faculty and staff copy and share materials under the fair dealing exception.
Brock’s New Fair Dealing Policy – Top 10 FAQ
- Why did Brock adopt this Policy?
- Who is covered by the Policy?
- When did the Policy come into effect?
- What types of copying and materials are covered by the Policy?
- How much can I copy under the Policy?
- In what ways can I distribute materials under the Policy?
- What if I want to copy an article from a library e-journal? Or a chapter from a library e-book? Does the Policy apply?
- Does the Policy apply to copying materials from the internet?
- How does this Policy relate to copying under the Access Copyright licence? Which one should I use?
- What happens if the copying I want to do is not covered by the Policy?
The Policy was adopted to encourage Brock instructors and staff to rely on the fair dealing exception by providing them with greater clarity and guidance around how to apply the exception and to ensure that any such copying is done in a way which respects the rights of copyright owners and is consistent with case law and legislation.
The Policy applies to any copying done by Brock faculty and staff. It does not apply to copying by students.
March 1, 2013.
The Policy applies to all types of copying and all types of copyright materials. So whether you are photocopying, scanning or downloading and whether the material is a print work or multimedia (e.g. CDs, DVDs, etc.), the policy will apply.
You can copy "short excerpts" of materials, which is defined by the policy to include:
- one chapter from a book;
- one article from a periodical;
- up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, or an audiovisual work);
- an entire artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works;
- an entire newspaper article or page;
- an entire single poem or musical score from a copyright-protected work containing other poems or musical scores;
- an entire entry from an encyclopedia, annotated bibliography, dictionary or similar reference work.
If you want to copy more, you may contact firstname.lastname@example.org to explore whether your proposed copying could nonetheless be fair dealing in light of all relevant circumstances.
The Policy explicitly allows you to share short excerpts of materials with students:
- as a print handout;
- on Isaak/Sakai;
- in a coursepack.
In effect, the Policy allows sharing of materials in ways which are limited to students enrolled in a course. So, by analogy, you could share materials with students by email or through the Library's print or e-reserve service. The Policy would not however cover sharing of materials on a publicly accessible website, such as your own personal faculty webpage.
Yes, the Policy applies to all copyright materials, regardless of their source. So, for example, an instructor could copy an image from a website, provided the website contained other images, as this falls under the 'copying an artistic work from a copyright-protected work containing other artistic works' category in the Policy.
However, the Policy only authorizes the copying of short excerpts of materials, so depending on what you want to copy, you may also be able to rely on another exception in the Copyright Act allowing educational institutions to use internet materials for educational purposes. This exception permits you to copy materials in their entirety available on the public web and share them with your students (either in class or on Isaak/Sakai), provided:
- you properly attribute the source and author of the work;
- the work is not protected by a digital lock (e.g. password protection);
- there is no clearly visible notice, either on the website or the work itself, prohibiting what you want to do; and,
- the work appears to have been posted legitimately (i.e. by or with the consent of the copyright owner).
When copying materials, instructors should first consider whether their copying falls under the Fair Dealing Policy. Only if the proposed copying exceeds what is covered by the policy do instructors need to refer to the Access Copyright licence [for instructions on how to tell if the licence applies, see here].
In case this isn’t clear, here’s a quick guide to whether the Policy or the Access Copyright licence applies:
- Copying 1 chapter, 1 article or up to 10% of a work? Rely on the Fair Dealing Policy;
- Copying multiple chapters, articles or excerpts totaling 11-20% of the work? Refer to Access Copyright licence (or request fair dealing exception from email@example.com);
- Copying greater than 20% of a work? Contact firstname.lastname@example.org to discuss your options.
Bear in mind that:
- not all works are within Access Copyright’s repertoire. You’ll need to check its online lookup tool to confirm;
- Access Copyright is able to give transactional permission for excerpts between 21-25%, for an additional fee;
- even for copying which is covered by the Access Copyright licence, instructors may also refer the copying to email@example.com for an evaluation of whether it is nonetheless fair dealing.
The Fair Dealing Policy provides that copying in excess of or beyond the scope of the Policy may be referred to a person designated by the University for evaluation based on all relevant circumstances. Contact Brock University's legal advisor for copyright, Jordan Snel, at firstname.lastname@example.org. You should direct any requests for evaluation to email@example.com and include information regarding:
- your purpose in copying the material;
- the character of your use (i.e. scope of distribution, duration, regularity);
- amount you intend to copy (both in terms of quantity and quality);
- the nature of the work;
- any alternatives; and,
- the likely effect of the use on the original work.
Brock’s Fair Dealing Policy enables instructors to copy and share short excerpts of copyright materials with students.
Contact firstname.lastname@example.org if you have a question about the Policy which isn’t answered here.