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Copyright Guide for Faculty: Educational Exceptions

Introduction

Educational exceptions in the Copyright Act allow specific uses of copyrighted work for educational purposes, without payment or permission from the copyright owner, provided certain conditions are met. 

Note: The library subscribes to digital resources, use of which are governed by license agreements with content providers. Licenses take precedent over legislative allowances. 

Educational Exceptions

Publicly available materials on the internet

Members of the JIBC community (students, staff, and faculty) are permitted to reproduce, share, or stream works available through the internet, provided: 

  • The use is for educational or training purposes
  • The work is not protected by a digital lock or technological protection measure
  • There is no clearly visible notice prohibiting use for educational purposes
  • There is no suspicion that the work has been posted on the Internet without the consent of the copyright owner
  • The source and, if provided, the author, performer, maker, or broadcaster must be cited. 

Copyright Act, Section 30.04

Copying for Instruction (Classroom Display)

Members of the JIBC community (students, staff, and faculty) are permitted to reproduce copyright-protected works for display in class, such as lecture slides, for teaching and training purposes, provided the works are not commercially available in an appropriate format. 

Please note: what you can display in the classroom may be different from what you can distribute to students (e.g. as a handout or post in Brightspace by D2L). Before distributing presentation slides containing copyright-protected works by others, ensure that: 

  • Access is limited to students enrolled in the course, and 
  • Limits outlined in JIBC's fair dealing guidelines are respected

Copyright Act, Section 29.4(1) 

Copying for a Test/Exam

Members of the JIBC community (students, staff, and faculty) are permitted to reproduce, translate, perform, or communicate electronically copyright-protected works for tests or exams, provided the works are not commercially available in an appropriate format.

Copyright Act, Section 29.4(2)

Performing a Copyright-Protected Work

Members of the JIBC community (students, staff, and faculty) are permitted to give live performances of copyright-protected works, such as plays, provided:

  • The performance takes place on campus
  • The performance is for educational or training purposes
  • The performance is not for profit
  • The audience consists primarily of JIBC students, faculty, and staff

Copyright Act, Section 29.5(a)

Copying a News Program for Classroom Use

Members of the JIBC community (students, staff, and faculty) are permitted to make a single copy of a news program (excluding documentaries) for display, provided:

  • The audience consists primarily of JIBC students, faculty, and staff
  • The copy was made at the time the program was aired by the broadcaster or communicated over the Internet

Copyright Act, Section 29.6(1)

Showing a DVD/Video

Members of the JIBC community (students, staff, and faculty) are permitted to show DVDs and videos on campus without permission or Public Performance Rights, provided:

  • The performance is for educational or training purposes
  • The performance is not for profit
  • The audience consists primarily of JIBC students, staff, and faculty
  • The copy is legally acquired
  • For non-educational uses of media on campus, please refer to our Copyright for Staff - College Events page.

Copyright Act, Section 29.5(d)

Playing a Sound Recording

Members of the JIBC community (students, staff, and faculty) are permitted to play sound recordings on campus without permission, provided:

  • The performance is for educational or training purposes
  • The performance is not for profit
  • The audience consists primarily of JIBC students, faculty, and staff
  • The copy is legally acquired
  • For non-educational uses of media on campus, please email copyright@jibc.ca 

Copyright Act, Section 29.5(b)

Recording a Lesson under Educational Exceptions

Under Section 30.01 of the Copyright Act, you may record a lesson or test/exam that includes educational exceptions materials in order to share the lesson with students. You must adhere to the following rules:

  • destroy any fixation of the lesson within 30 days of students enrolled in the course receiving their final course evaluations;
  • take reasonable measures to limit the distribution of the recorded lesson; AND
  • take reasonable measures to prevent students from making their own reproductions of the lesson.

Students may reproduce a lesson in order to listen or view it at a later date. The student must destroy the reproduction within 30 days of receiving their final course evaluation.