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Audiovisual Works In The Classroom

Audiovisual works are subject to copyright protection similar to print and electronic materials. For the purposes of class instruction, faculty can rely on the principles of fair dealing, educational exceptions, and licenced resources to deliver audiovisual content to their students.

Fair Dealing

According to the principles of fair dealing, instructors and faculty are free to communicate short excerpts of audiovisual works via lecture presentation, handout, e-mail communication, and/or D2L.

Short Excerpts

Examples of short excerpts from Universities Canada Fair Dealing Guidelines include:

  • up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)
  • an entire single poem or musical score from a copyright-protected work containing other poems or musical scores

For more details on fair dealing analysis, visit UNB’s Fair Dealing page or contact copyright@unb.ca.

Educational Exceptions

The educational exceptions to the Copyright Act enable instructors to display or perform entire copyrighted works, such as feature films or television programs, for educational and non-profit purposes to an audience consisting primarily of students. Feature films shown in the classroom must be legally obtained copies personal or otherwise.

Moreover, the educational internet use exception permits the copying or communicating of an entire work from the web (provided you identify the original source and utilize a legal copy that does not contravene digital locks or any notices prohibiting the use of the work).

Furthermore, the mash-up exception allows instructors and students to create, for non-commercial uses, new works using copyrighted content (provided the original author is identified, a legal copy of the original is utilized, and the new work does not have a significant adverse effect on the original). See this workflow for creating transformative media projects.

Terms of Use and Legal Notices

Always check the "terms of use" and "legal notices" associated with a given audiovisual work. These terms and notices outline the details of the licence agreement that may limit how and when the work may be used. Limitations set out in a licence agreement take precedence over the Fair Dealing Policy.

Digital Locks

A digital lock, or a “technological protection measure” (TPM), is a technology used to control or restrict access to copyright-protected content. Examples of digital locks include passwords, encryption software, access codes, and digital watermarks. The Copyright Act prohibits the circumvention of digital locks to access copyright-protected works. The fair dealing and educational institutions exceptions do not permit the circumvention of digital locks to obtain access to copyright-protected works. In order to access content behind a digital lock you must obtain the permission of the copyright holder.

Audiovisual Resources at UNB Libraries

UNB Libraries offer a wealth of audiovisual resources suitable for classroom use. Search UNB WorldCat for films by title, author (director), or subject/keyword and limit by "Format" in the left hand column of results to available "Video" options (eVideo, DVD, VHS, etc.) See the UNB Libraries Guide to Sound, Film, and Image Collections for useful links.

Audio Cine Films and Criterion Pictures

For non-educational uses of audiovisual content, or uses that exceed the parameter of fair dealing and educational exceptions, consult the licences available through Audio Cine Films and Criterion Pictures or contact copyright@unb.ca.

To learn more about copyright in audiovisual works and education please consult the Universities Canada Fair Dealing Guidelines for Universities to Audiovisual Works.

FAQs

Can I show a feature film to my students in class?

Yes. The educational institutions exceptions in the Copyright Act permit instructors to show films and news programs on the premises of an educational institution, or in a virtual classroom, to an audience primarily made up of students. However, virtual screenings of feature films require more specific steps. Upon request, library staff will first search for commercially available streaming video. Other steps include:

  • must use legally obtained DVD copies (e.g. not pirated),
  • must not contravene digital locks or any notices prohibiting such use,
  • must indicate that the copy is being made using this specific copyright exception: “You are receiving access to this teaching resource under s. 30.01 of the Copyright Act, for use in this class only,” and
  • must delete any copy you retain 30 days after you have received the final evaluation for the course. 

When showing films in class, we encourage you to submit a request to reserves@unb.ca.

Can I show a video from a website to my students in class?

Yes. When sharing third-party content available online, linking rather than uploading is the best practice. If uploading a copy is necessary for teaching, be sure to check if no suitable licensed or open access equivalents can be used instead, ensure that you credit the original source, use a legal copy of the original, do not circumvent digital locks or any notices prohibiting distribution, and remove it at the end of term. When linking to online content does not fit your teaching needs, we encourage you to submit a request to reserves@unb.ca. Library staff can guarantee the content is shared within the limits of copyright law and licenses. Explore this Copyright Decision Map for factors to consider when copying a variety of copyright-protected works.

Can I or my students create new works or mashups using copyrighted content?

Yes. When a user creates a new work based on parts of protected works, the most relevant exceptions in the Copyright Act are the Mashup and Fair Dealing exceptions. When creating a mashup, you must identify the authors of the different works involved, utilize a legal copy of the originals, and ensure that the new work does not have a significant adverse effect on the originals. See this workflow for more details about creating transformative media projects.

Can I show a television news program or news commentary to my students in class?

Yes. Television news programs and news commentary can be played on the premises of an educational institution to an audience primarily made up of students or instructors. An instructor may also record a news program or news commentary and play to students in a classroom up to one year after the recording is made.

Can I post audiovisual content for my students on Desire2Learn?

Yes. Materials uploaded to Desire2Learn, however, must fall either within the terms of UNB Libraries licence agreements, educational exceptions, or fair dealing.

UNB Libraries strongly encourage instructors and faculty to use the Course Reserves when dealing with audiovisual and other course materials.