Section 29.21 of the Copyright Act contains a users' right permitting anyone, not just students or instructors, to use copyrighted protected works to create new works. This is referred to as "non-commercial user-generated content" which is commonly known as mashups. The following conditions must be met in creating a mashup:
♦ it may only be used for non-commercial purposes
♦ the original source must be mentioned, if it is reasonable to do so
♦ the original work used to generate the content must have been acquired legally
♦ the resulting mashup does not have a "substantial adverse effect" on the market for the original work.
The mash-up provision permits user-generated content to be disseminated on sites such as YouTube. This right is not available if the user circumvents a Technical Protection Measure or Digital Lock to access material for the mashup.
Using Copyrighted Film & Video FAQs
Using Copyrighted TV & Radio Programs FAQs
It depends. Downloading films and videos, without the permission of the rightsholder, is illegal in Canada, unless the copying falls under Fair Dealing.
Sources like YouTube allow videos to be streamed in class for educational purposes, but not downloaded, uploaded into another website (or D2L) or altered in anyway.
An alternative to using copyright protected video content is to use videos with creative commons license or films in the public domain. To learn more, visit the Open Resources Guide.
No. Changing the format of a film, without the explicit permission of the rightsholder, is illegal in Canada. This applies even if you or the College owns a legal copy of the title.
It depends. You can show a streaming video in class that is freely available online (e.g., on YouTube or Vimeo) as long as:
Camosun is beginning to license some streaming video collections, which can be shown in any classroom at the College without seeking copyright permission and without reporting this use. Ask library staff for more information. The National Film Board of Canada is one example of a streaming video collection.
Yes, videos and DVDs can be shown in the classroom as long as you are using a legal copy. The library has an extensive collection of DVDs and Videos which can be used in a classroom setting. You can also show a DVD from your personal collection, or ones borrowed from another library or rented from a commercial enterprise as long as you are confident the copy is a legal one.
Section 29.5(b) and (c) permits instructors to play sound recordings, radios and televisions in the classroom of an educational premises, if its for educational purposes and the audience is primarily students and there is no "motive of gain'.
Section 29.6 of the Copyright Act permits an instructor to make a single copy of a news or news commentary program (EXCLUDES documentaries) and to show the program in a classroom to an audience primarily of students.
The copy may be made at the time the program is aired by the broadcaster or communicated over the internet.
A news program is defined as a program reporting on local, regional, national, and international events as they happen, and includes weather reports, sportscasts, community news, and other related features or segments contained within the news program. Examples are: The National or BBC World Report.
A news commentary program is a program containing discussions, explanations, analysis, observations and interpretations of the news. Will include a "talking head", minimal editing, interview or panel discussions with unscripted responses. Examples are As it Happens, Anderson Cooper 360.
Copying a documentary or other types programs (sitcoms, soap operas, cartoons, children's programming & reality TV) for off-air viewing is more complicated and will likely require the payment of royalties. Check with the Media Librarian for more information.
Under Fair Dealing exemptions you can reproduce up to 10% of a documentary and show it in class for educational purposes.
Camosun College has also purchased entertainment licenses for the showing of videos that may not fall under the Fair Dealing Guidelines. For more information contact the Copyright Office.