How can I use materials on course management systems such as Desire2Learn and SharePoint?
These guidelines deal with copyright compliance in the preparation and delivery of courses using learning environments accessible only to students registered in a given course and those presiding over the delivery of that course, and other learning environments with the same characteristics. In this case, providing a link to copyrighted materials is always preferable to posting the materials themselves. This is because posting a link does not involve the making of a copy and if no copy is made, no infringement occurs. When incorporating a work, or a portion thereof, for which the copyright holder is not the University or the instructor, preference will be given to:
- Linking to materials that are not protected by copyright i.e. materials that are in the public domain;
- Linking to electronic copies of journal articles to which Memorial has a license; or,
- Linking to material available on the web.
Only if these options are not available, should the copying and posting of materials be considered. This can be achieved only if:
- The materials are not protected by copyright i.e. the materials are in the public domain;
- The materials are covered by a licence agreement that allows for such an activity (for information regarding Memorial's licence agreement please check the Permitted Uses database or contact the Library Copyright Coordinator);
- You are the owner of the copyright in the materials; or
- The appropriate clearances have been obtained through the Copyright Office. This process includes the completion of a Copyright Clearance Request Form.
Materials in which copyright subsists and neither the instructor nor the University is the rights holder, may be incorporated into examinations in this online environment in accordance with the educational exemptions in the Copyright Act.
Note that use of copyright material in accordance with the educational exemptions in the Copyright Act does not transfer into the course management environment in all cases. Graphs, charts or other short works may be incorporated into presentation software for classroom delivery. However, before that presentation may be added to a course management system such as Desire2Learn, copyright clearance for those works must be obtained. First, check the library catalogue to see if the work is a library licensed e-resource. If so, check the Permitted Uses database or contact the Library Copyright Coordinator to see if further permission to post to a course management system is required. Alternately, use the Copyright Clearance Request Form. If the appropriate permissions are not obtained, the copyrighted material must be removed from the presentation before it is uploaded to a course management system.
It is your responsibility to avoid infringement under the Copyright Act. Memorial University is not responsible for any acts that infringe copyright. For a more detailed description of the limitations on fair dealing review Memorial's Fair Dealing Policy and Fair Dealing FAQ or contact the Copyright Office.
