Fair use in the USA and fair dealing in Canada are not exactly the same, but the principle of fair dealing and fair use evolved from a common source and they are similar. The broad principle and issues will emerge in due time. What is important for educators is that the Supreme Court has provided us with substantial leeway in interpreting fair dealing. We CAN use copyrighted materials in our course packs WITHOUT permission as long as the amount is reasonable.
The US advice given at the Center for Social Media described below DOES apply in the Canadian context (and DID apply in the past but few would believe it). We do NOT need to spend the time that we have in the past requesting permissions to use images, video clips, excerpts etc.
So, now that fair dealing is arguably more open and more liberal than fair use in the USA. The best practice guidelines outlined on this US web site should be considered as appropriate. The bottom line is that we can use a reasonable amount of copyrighted material in our courses without requesting ANY permission as long as we attribute it. We must follow the supreme court's directive on this to take a large and liberal view of what we can do using fair dealing. There is no reason to be conservative as we have been in the past. As it turned out the Supreme Court had a much more expansive view than even our most liberal interpretors of fair dealing. See:
http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-media-literacy-education
And when C-11 comes into effect shortly, the threat of being sued should NOT be a consideration as the penalty is no longer maximalist but limited to actual damages, which in our situation would be $0. Or a maximum fine of $5K.
The Landing is a social site for Athabasca University staff, students and invited guests. It is a space where they can share, communicate and connect with anyone or everyone.
Unless you are logged in, you will only be able to see the fraction of posts on the site that have been made public. Right now you are not logged in.
If you have an Athabasca University login ID, use your standard username and password to access this site.
We welcome comments on public posts from members of the public. Please note, however, that all comments made on public posts must be moderated by their owners before they become visible on the site. The owner of the post (and no one else) has to do that.
If you want the full range of features and you have a login ID, log in using the links at the top of the page or at https://landing.athabascau.ca/login (logins are secure and encrypted)
Posts made here are the responsibility of their owners and may not reflect the views of Athabasca University.