Desire2Learn and Copyright

The Federal Court of Canada issued its decision in the litigation between Access Copyright and York University. The text of the decision is available online. UNB along with most institutions across the country are currently reviewing this decision to determine what impact it might have on our established Copyright policies and procedures.

D2L is a Learning Management System that helps instructors organize and deliver course content to students. From a copyright perspective, D2L is best suited for uploading materials to which you, as an instructor, own the copyright, the material is in public domain, or providing links to materials freely available on the web. For all other materials, UNB Libraries provide a hassle-free Course Reserves system that delivers copyrighted content on D2L to your students.

In accordance with the UNB Copyright Policy, you are responsible for ensuring that any copyrighted content you post on D2L meets the limits of fair dealing, respects the terms of digital licences, and is removed at the end of term.

Posting Materials on D2L

The following are examples of materials you can readily post on D2L:

  • instructor's course notes,
  • syllabi,
  • tests and exams, and
  • links to freely available web content.

When posting other materials, ensure that any copied content meets the limits of fair dealing, educational exceptions, respects the terms of digital licences, and is removed at the end of term.

UNB Course Reserves

A major advantage of using the UNB Libraries' Course Reserves system, and linking it to your D2L module, is that reserves staff handle all copyright concerns related to your course materials. Also, if any of the materials exceed the parameters of fair dealing or library licences, reserves staff secure the necessary permissions for class distribution. Go to Course Reserves, for more information.

Copyright and D2L Flowchart

Did you create and own the copyright to the work?

Is the work freely available on the web?

  • YES. Provide link to the work in D2L or contact copyright@unb.ca.
  • NO.
  • See next question

Is the work a UNB Libraries’ eResource or protected by a password?

Is only a portion of the work necessary for distribution?

  • YES. Let Course Reserves staff deliver the material in D2L.
  • NO.
  • See next question

Is the work another creator’s unpublished manuscript?

  • YES. Let Course Reserves staff obtain the rights and deliver the material in D2L.
  • NO.
  • See next question

Is the work in public domain?

Digital Locks

Digital Locks are technologies that deny users access to materials that copyright owners have chosen to protect. Importantly, digital locks take priority over user rights or user exceptions. Examples of digital locks include passwords, encryption software, and access codes. If you want to copy or post on D2L any part of material protected by digital locks you need to obtain copyright clearance.

Keep in mind that when uploading materials to D2L you are responsible for ensuring that any copied content meets the limits of fair dealing, respects the terms of digital licences, and is removed at the end of term.

Contact

For assistance with copyright inquiries contact copyright@unb.ca.