Copyright and Your Isaak/Sakai Course Page
Using Isaak/Sakai to distribute course materials is a great way to share materials with students, but you need to know the details of what can and can't be posted. Here’s an overview of what you can post and how you can do it. Alternatively, for a quick answer, use this flow-chart or online decision-tool. If your question isn’t answered here, contact firstname.lastname@example.org or visit Brock's Copyright FAQ.
What copyright material may I post to Isaak/Sakai?
- Your own copyright materials - e.g. notes, course outlines and publications for which you have retained the right to post copies on course management systems (check your copyright agreement with the publisher to confirm). You can also post your presentation slides on Isaak/Sakai, even if they include third party materials (e.g. images), provided your use of third party materials is fair dealing or otherwise permitted by the Copyright Act or copyright owner.
- Library e-resources - materials that are covered by a University e-journal or e-book licence may in some cases be posted directly to Isaak/Sakai, but you’ll need to check the Library’s licence database (for journal articles) or email email@example.com (for e-books) to confirm, as some licences only allow you to link to material.
- Scanned material – under the Fair Dealing Policy, you can scan and post to Isaak/Sakai the following:
- One chapter per book
- One article per journal issue
- Up to 10% of a work
- An entire artistic work from a work containing other artistic works
- An entire newspaper article or page
- An entire poem or musical score from a work containing other poems/scores
- An entire entry from a reference work (e.g. encyclopedia entry).
If you want to post an excerpt from a published work (book, journal, etc.) that goes beyond these limits (e.g. two chapters totally 15% of a work), you may still be able to post it under the Access Copyright licence, which allows you to post up to 20% of a work on Isaak/Sakai provided the work is within Access’ repertoire (use Access’ online lookup tool to check).
Otherwise, if you still think your use is fair, contact firstname.lastname@example.org to see what your options are.
- Website materials - there is a new exception to the Copyright Act allowing educational use of Internet materials, including reproducing those materials for your students, provided that the material appears to have been posted legitimately (i.e. with the consent of the copyright owner), there is no clearly visible notice or link to such a notice prohibiting you from using the material for educational purposes, there is no technological protection measure preventing you from accessing or copying the material (e.g. it’s not on a password protected website) and when you use it, you acknowledge the author and the website.
- Links - there are no copyright concerns in linking to material, such as websites and library resources, so link away!
- Insubstantial portions of a work - copyright infringement concerns are only triggered if you copy an entire work or a substantial portion of a work – you should consider both the quantity and quality of the excerpt in deciding whether it is substantial.
- Open Access / Creative Commons materials – Truly Open Access material should allow you to copy and distribute the material on Isaak/Sakai, however, there are some open access publications which are only ‘open’ to view, and not open to copy and distribute, in which case you will need to link. Any material made available under Creative Commons licences may be posted on Isaak/Sakai.
- Government of Canada or Ontario materials – The Canadian Government allows its materials to be reproduced for non-commercial purposes, provided the material doesn’t specify otherwise, you include the full title and author organization, and indicate that it is not an official reproduction. The Ontario Government allows its website materials to be reproduced for non-commercial purposes if given is given and Crown copyright acknowledged.
- Public domain materials – i.e. materials whose author(s) have been deceased for more than 50 years.
What copyright status should I select in Isaak/Sakai when uploading files?
As you may have noticed, Isaak/Sakai now requires you to indicate the copyright status of the files you are uploading. For a guide to all the statuses and which ones you should select in particular cases, visit: https://kumu.brocku.ca/sakai/Copyright_Status
May I post a student's work on Isaak/Sakai?
If you have the student’s permission.
You may only post students works online if you have obtained the student’s permission. Under Brock's Ownership of Student-Created Intellectual Property Policy, students own the copyright in works they create as part of course requirements. The University does have the right to make copies of the work for internal use and to circulate the work as part of the Library’s collection but this right does not extend to making it available online on Isaak/Sakai. Accordingly, you should ask students in advance whether they consent to have their work posted online and ideally keep written records of the permissions given.
Your Isaak/Sakai course site is a great place to make copyright materials available to your students.
A lot of materials can be posted directly to Isaak/Sakai, but there are limits and in some cases, you may need to rely on links instead or consider other alternatives.