Published on Brock University (http://www.brocku.ca)
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.
The following series of Fair Dealing Policy Application Documents released in August 2013 by the Association of Universities and Colleges of Canada (AUCC), provide detailed guidance for common copying practices undertaken by a university.
Brock’s New Fair Dealing Policy – Top 10 FAQ
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:
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:
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 a new exception in the Copyright Act allowing educational institutions to use Internet materials for educational purposes. This exception permits you to copy materials available on the public web and share them with your students (either in class or on Isaak/Sakai), provided:
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:
Bear in mind that:
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. Brock's Copyright Coordinator (Chabriol Colebatch) has been designated by the Provost to conduct all evaluations. In her absence, contact Deb Kalvee, Associate University Librarian, Services & Facilities, at email@example.com. You should direct any requests for evaluation to firstname.lastname@example.org and include information regarding: