Copyright Decision Map

Examples include:

• using an idea or concept without copying?
• quoting a simple fact ("Saskatchewan is a province") or provide a simple drawing such as a math fact (ex. Pythagorean theorem is a2 + b2 = c2)?
• finding material in the public domain (where copyright has expired or been waived)?

Pro Tip - Always assume your resource is protected by copyright. You should be able to provide evidence that there is no copyright protection. 

Copyright also subsists in certain “non-traditional” subject matter, such as performer’s performances, sound recordings, and broadcast signals. The terms of copyright are important (and there is some variation) if you wish to identify material in the public domain. 

See the Term of Copyright (Copyright Act s.6)  and Term of Rights – (Copyright Act s.23)  (sound recordings and performances).

Are you able to:

• use a small amount of the work (1 - 2 sentences)?
• provide a link to the original digital content but not embed that content?
• paraphrase or summarize the original content?

Pro Tip - Linking to a work is not copying.  Also, a good paraphrase is not considered to be a copy. 

 - Using a small amount - Copyright applies to the reproduction, performance, or publication of a work “or a substantial part” of a work (Copyright Act, s. 3(1)). The use of less than a substantial part does not require permission or further payment. This is complicated because what is deemed “substantial” is not defined in the Copyright Act; rather, it is a matter of degree and context. However, the analysis is not purely quantitative: even a relatively short passage may be viewed as substantial in some circumstances, especially if it is of particular importance to the original work.

- Linking provides an easy way to access digital copyrighted material and is not considered to be copying. Consider that the content in the link may change without notice or may disappear and the link may be broken.

- Paraphrase or Summary - Deciding to create a summary or paraphrase will be based on the amount of time required to develop an alternative, the importance of the original material, the technical complexity of the material and other factors.

For more guidance on how to ascertain if the proposed reproduction or other use is substantial, please contact the Copyright Office.

There are some types of resources that provide a permission or license to use the work. Sask Polytechnic licenses materials for you to use. Is your material:

• from the Sask Polytechnic digital resources library?
• already licensed for use by Sask Polytechnic with a custom license?
• owned by Sask Polytechnic?

Good news! Using resources already licensed for our use is a best practice. Here are some other best practice tips to consider:

PRO Tip - Always read the license to determine your use. (For library resources, look at the information tab beside the digital resources).   

PRO Tip - Some licenses will expire (not library licensed resources); ensure your license is still valid. 

Too bad! A resource that is already licensed makes copyright much easier. Proceed to the next question. 

1. Library License - Determine if the use(s) you require is included in the provided library licence covering the material in question. If (i) the material is licensed, and (ii) the use that you propose to make of it is permitted by the licence (two separate questions), then you will be able to use the material without further permission or payment of fees or royalties. 

2. Already licensed by Sask Polytechnic - In some courses, a custom license will be provided for a term. The license should specify the particulars of the contract including the term of validity, and any restrictions on the use of the material; if the term has not expired, you are able to use the material as outlined in the license. 

3. Owned by Sask Polytechnic - Sask Polytechnic owns most material produced for its use; if material is used for a Sask Polytechnic work purpose, no additional permission is needed. 

An OER is still copyrighted but has been licensed to allow for particular uses; it can always be copied, and the license cannot be revoked.

Is your material openly licensed using a Creative Commons license or other open license?

PRO Tip - Openly licensed material may use the open lock symbol to indicate they are licensed for use, or they may have a coded license. Creative commons licenses will start with CC-BY . . . 

So easy!  Using an OER is a best practice for educational use. Make sure you follow the tips to make the best use of the OER.

Best Practice Tip - Check the license terms at Creative Commons; other open licenses should have a digital link to the terms of use. Ensure that your use falls within the parameters allowed by the license.  

Best Practice Tip - You must always provide an attribution for open licensed material.

Read the license and you may be restricted from changing the resource, changing the license or making the material commercially available depending on the license.

Too bad! Open licenses are education - friendly, and easy to reuse. Proceed to the next question.

Can you find an openly licensed version of the resource?  Some resources will have an open version (perhaps a pre-print) available. 

Open licenses are usually listed on the title page or in the front matter of the book. They will often show one of the symbols listed below, along with a license link or description. 

Open License Creators or copyright holders who wish to apply a Creative Commons license to their work can choose to allow their work to be copied and reused with any one or more restrictions, or certain combinations of restrictions. The four restrictions are:

Attribution
You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

Non Commercial

You may not use the material for commercial purposes.

Share Alike
If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

No Derivatives
If you remix, transform, or build upon the material, you may not distribute the modified material.

Creative Commons offers six different licenses that allow copyright holders to apply different restrictions to how their work may be reused. When using a specific CC-licensed work, it is important to pay attention to the CC license and its restrictions. All Creative Commons licenses require attribution. The specific types of Creative Commons licenses are described on the Creative Commons website.

Creative Commons also has a license chooser that walks you through the process of choosing a license based on various criteria.

The infographic and video below provide a helpful overview of the different licenses and their requirements:

ref: https://library.ucalgary.ca/c.php?g=690048&p=5181355

If you are accessing other digital information that is not from Sask Polytechnic, nor is it open licensed, are there terms of use provided that match your need?

Example 1: The image-sharing sites Pixabay, and Unsplash have their own licenses and restrictions.

Example 2: Youtube has specific terms of use for the site. 

Great! This can involve some hunting and searching to find the terms of use, but it is so satisfying to find out your use is allowed.

Best Practice Tip- Provide a link to the specific terms of use for the site to indicate you have reviewed them, and your use is allowed (or at least not excluded).

Check the terms, copyright policy, EULA or user agreement for the site which has the material you wish to use. Many sites will include this information in the bottom information bar. You may also find the user/usage/terms of use by conducting a search on the site. 

Check the usage allowances and restrictions included in any license terms or terms of use that cover the material. If the license does not include any information or details about the type of use you require, proceed to the next option. If the type of use you require is explicitly prohibited by the licence, proceed to the next option. Please contact the Copyright Office if you require assistance. 

There are many copyright exceptions. The following two exceptions are the most applicable for most of our needs.

Section 30.04 Work available through the Internet. See "I don't know" section for the details of the analysis. 

Fair Dealing - Follow the Sask Polytechnic guidelines: pay particular attention to the quantities and do not use multiple sections of a resource (do not cumulative copy).  Consider using the  Canadian Ministers of Education (CMEC) fair dealing analysis tool for assistance with this exception. 

Two of the most used copyright exceptions are:

Section 30.04 Work available through the Internet. To use this exception for material you found on the internet, it must meet the following criteria:

• seems to be acquired from a legitimate source - either permission is provided by the copyright holder or it is licensed for use.
• is not protected by a Technological Protection Measure such as a paywall.
• is not expressly prohibited from educational use.
• must be referenced.

Fair Dealing is an exception provided by the Copyright Act that is continually developed based on Canadian law decisions. It allows for several purposes; most of our use will be considered educational. Follow the Sask Polytechnic guidelines: pay particular attention to the quantities and do not use multiple sections of a resource.  The Canadian Ministers of Education (CMEC) have a tool to assist in the analysis for this exception. 

There are other exceptions which are outlined on this webpage. 

A custom license is provided by the copyright holder or their agent (perhaps the publisher) and usually requires a fee for the use of the material.

Creators of the resources may be willing to provide you with access to their material for use in the classroom. They may be aware of other means to access the material or will provide you with a custom license to use the material.

PRO TIP- You should think about all the uses you have for the material and negotiate to include all of the uses.  Add-ons may cost more if they are requested after the license has been agreed. Answer the who, what, where, when and why questions for each use.

An alternative is to look for other resources that are more easily accessible and less costly to use. Please contact the Copyright Office to discuss your circumstances. There are some special copyright concerns which require specific considerations. 

Sometimes access to a license is easily provided by a website and a credit card. Sometimes it will involve research to find who has permission to license the material. Creators of the resources may be willing to provide you with access to their material for use in the classroom. They may be aware of other means to access the material or will provide you with a custom license to use the material.  Often there will be financial compensation required for the use of the material. 

Do consider:

• who will access the work
• what material do you wish to license
• where will it be used (and stored)
• how long will the work need to be used
• will you be creating supplemental material based on the original material
• any other condition that you need.

The Copyright Office has a template and work sheet to assist in this process.