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Use of Copyright Materials Policy

Ref. No. Executive sponsor Policy steward Approval authority First approved Last reviewed Effective date Next review
71.01 Vice President, Academic Director, Libraries and Learning Commons Executive Council Aug. 2015 Sept. 9, 2022 Sept. 9, 2022 Sept. 2027
  1. Purpose
    1. NSCC is committed to compliance with Copyright laws and to the respect of the intellectual property rights of owners of Copyright materials. The purpose of this policy is to:
      1. Outline NSCC's position respecting the use of copyrighted materials (in all formats) by Employees and Students.
      2. Limit any legal liability of NSCC and its Employees and Students for Copyright infringement through the exercise of due diligence in use of copyrighted materials.
  1. Scope
    1. This policy applies to all Employees and Students.
    2. This policy does not address the ownership of copyrighted materials created by Employees or Students.
  1. Definitions
Term Definition
Copyright The right to produce, reproduce and copy a work (be it literary, dramatic, musical or artistic) in which copyright subsists. Copying includes photocopying print materials; changing a print format to a digital file; changing a digital file to print format; creating a new digital file from another and performing a work in public. Only the copyright owner and/or those permitted or licensed by the copyright owner can copy the work (unless the copying falls within an exception in the Copyright Act (Canada)).
Employee An individual who is currently employed with NSCC to perform work for the College. This includes all employees, regardless of status, as well as current employees who are on a leave of absence (paid/unpaid).
Fair Dealing One of the exceptions in the Copyright Act (Canada) that permits copying excerpts of copyright material, without the permission of the copyright owner, is known as the “fair dealing” exception. It allows copying, in set circumstances, of copyright material for the purposes of research, private study, education, satire, parody, criticism, review and news reporting. NSCC has implemented the Fair Dealing Guidelines which provide the circumstances under which copyright materials may be copied under the “fair dealing” exception.
Open Educational Resources (OER) Teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits their free use and re-purposing by others." (Hewlett Foundation).  The 5 Rs can be applied to the content.
Student Anyone who is active in a program and/or enrolled in courses.
  1. Policy
    1. Roles and Responsibilities 
      1. Employees have a responsibility to: 
        1. Respect the rights of Copyright owners and to inform themselves of the circumstances under which they may legally use or reproduce copyrighted materials.
        2. Abide by and implement this Policy at NSCC as appropriate to their role.
      2. Employees who work directly with students, in addition to their personal responsibility for compliant use, are responsible for:
        1. Educating students about their responsibilities in their use of copyrighted materials.
        2. Encouraging students to act with these responsibilities in mind, in accordance with the expectations outlined in the Academic Integrity Policy.
      3. Students have a responsibility to respect the rights of Copyright owners and to inform themselves of the circumstances under which they may legally use or reproduce copyrighted materials.
      4. College Leaders are responsible for taking reasonable steps to ensure effective implementation of this Policy and to encourage continued compliance with it.

    2. Authorized Use of Copyrighted Material
      1. It is the individual’s responsibility to ensure that copying falls within Fair Dealing Guidelines or appropriate authorization has been obtained in advance of any use of copyrighted materials. Employees and Students may reproduce a substantial portion of copyrighted material with the appropriate attribution required and specified by the author and/or owner of the copyrighted materials if:
        1. They have obtained written permission of the Copyright owner.
        2. The reproduction of the copyrighted material falls under the Fair Dealing or educational exceptions of the Copyright Act (Canada).
        3. The reproduction is permitted by a specific license or contract with the Copyright owner (which may include licenses or agreements between NSCC and the Copyright owner which permit use and reproduction of copyrighted materials by employees and students under certain terms and conditions.
        4. The copyrighted material is subject to an open license arrangement of the Copyright owner, provided there is compliance with the terms of the open license.
        5. NSCC has obtained the written permission of the Copyright owner for the benefit of employees or students.
      2.  The permissible reproductions, outlined above, do not include or allow the circumvention of any digital locks, as defined by the Copyright Act (Canada), which requires the express written consent of the Copyright owner or where the circumvention is expressly permitted by the exceptions in the Copyright Act (Canada).
    3. Copyright Infringement
      1. Copyright infringement is a serious matter which can result in legal liability for Employees and Students individually. In addition to any action taken by the Copyright owner or its authorized agent, NSCC, following due process, will take action respecting non-compliance with this Policy and any misappropriation or infringement of the intellectual property rights of Copyright owners.
      2. If an Employee or Student becomes aware of any infringement or non-compliant use of copyrighted materials, they must report it to the manager of their department or school so appropriate measures may be taken.
    4. Open Educational Resources
      The College encourages the use of Open Educational Resources (OER) as an alternative to the use of copyrighted materials. 
    5. Support and Resources
      NSCC provides consultation, support and resources to Employees and Students to assist in their compliance with Copyright laws. Any questions or concerns respecting Copyright issues or compliance may be directed to the NSCC Copyright Office
  1. Policy Supports

Copyright Guide: http://subjectguides.nscc.ca/copyright 
71.03 Fair Dealing Guidelines (login required)
31.01 Academic Integrity Policy (login required)
42.01 Employee Code of Conduct (login required)
74.01 Intellectual Property Policy (login required)
12.11 Research Ethics Board Policy (login required)
12.22 Research Integrity Policy (login required)
42.31 Safe Disclosure Policy (login required)
32.01 Student Appeals Policy (login required)
33.01 Student Community Standards Policy (login required)

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