Copyright: Course Materials in D2L

Please note: Not all database licenses provide the same usage rights. Database licenses supersede Fair Dealing and we must adhere to the license agreements. To find out how material from a database may be used in or out of the classroom check our license lookup here: College Libraries Electronic Access Rights (CLEAR) or contact the library directly.

Under Fleming's Fair Dealing Guidelines a short excerpt (under section 4 of the Guidelines) of a copyright-protected work may be used educational classroom setting. This guideline may also be extended to include the posting of a short excerpt in to an LMS, such as D2L. This excerpt may be stored directly within D2L for access to students enrolled in the course, program for which the excerpts have been posted.

Note: Posting a copyright-protected work, even a short excerpt, to a blog, wiki or third party site is not permitted. D2L is allowed as it is under the control of the College and its information is stored securely on College servers.

Information provided in our guide can often be confusing and hard to interpret. If ever in doubt contact Marcia Steeves the College's Academic Integrity and Copyright Officer.

Many of Fleming College courses are now offered solely or partially through Desire2Learn (D2L). This page is to provide faculty with specific guidance on the inclusion of materials in the College's Learning Management System.

Though a number of ways in which items can be included, the best practice is always to use permanent or persistent links to the material rather than printing or uploading whenever possible.

• Short Excerpts From Copyright-Protected Works
• Use of Audiovisual Works
• Use of Musical Works and Sound Recordings
• Persistent Links to Database Articles
• Tables, Figures and Images

We are not permitted to convert audiovisual works (DVD, VHS, Blu-ray) to an online format without permission from the copyright holder.

Where a legitimate copy (shared online with the consent of the copyright owner) exists online, you are permitted to link to the material under the following conditions:

• you cite the material
• there is no digital lock (password) preventing general public from viewing the material
• and, there is no clearly visible notice or terms of use preventing the use of the work.

The library does have streaming access to a number of films, for these it is permissable to use the streaming service to link or embed the films into D2L.

For other possible options, please contact copyright@flemingcollege.ca

At the College, a musical work or a sound recording in its entirety may be performed in the classroom provided it is a legal copy, the purpose is for education or training and it is played for an audience consisting primarily of students or instructors.

Using the Fair Dealing Guidelines, Faculty are permitted to copy short excerpts of copyright-protected musical works and sound recordings and to communicate short excerpts of copyright-protected musical works and sound recordings by telecommunication to students for educational purposes. This includes e-mailing the excerpt to students or making the excerpts available to students on a learning management system, such as D2L.

Note: Fair Dealing Guidelines do not apply if it is necessary to circumvent a digital lock in order to copy a short excerpt of a copyright-protected sound recording.

The library has many online resources that can be used for teaching and studying, including thousands of quality articles from journals and magazines. Faculty may use these articles in the Learning Management System (LMS) provided that a persistent link is used directing students to the article itself.

A "persistent" link is predefined connection between programs so that when information in one database or file is changed, related information in other databases and files is also updated.

For most of the databases licensed at Fleming the persistent link is found in the following manner:

• Search for the article using the search screen (discovery search can be used to search all databases or you may use an individual database).
• Once the article is identified, there is usually a link icon  to the right hand side of the article providing you with the persistent link for use in the College’s LMS

Not all of the database licenses allow for the use of their materials in the LMS. Licensing information can be checked through the College Libraries Electronic Access Rights (CLEAR) database or by contacting the library.

Note: the article should be open and visible on the screen when you select the link icon, otherwise you may end up with a link to the abstract information only.

Images may include figures, illustrations, photographs and excerpts taken from textbooks, web sites, journals, or other published works.

You may include another person’s work, including images, in your handouts, PowerPoint presentations that you display to students enrolled in your course.  Under the Fair Dealing Guidelines you can copy/display an entire single image from a collection of images (e.g. a single photograph from a book of photographs). You may also share these image in D2L with the students enrolled in your program.

Also, under an exemption in the Copyright Act for display for purposes of instruction, you could display an entire image that is not part of a larger collection of images. To do so you must ensure that there is not a commercially available copy (obtainable within a reasonable time and price) in the format required (S29.4 of Copyright Act).

For coursepacks, you must follow the coursepack information and work with the bookstore.