Copyright and Blackboard Learn


Copyright and Blackboard Learn

Instructors, before making your coursepage “available” to students through Blackboard Learn, it’s key to note that uploading material into Blackboard Learn must be done in a manner complying with Canadian Copyright Law.  The Copyright Act requires permission from the rights holder by way of a license or other agreement, or the application of fair dealing or other statutory exceptions.

Specifically, materials may be uploaded pursuant to one or more of the following conditions: 1) Under the fair dealing or educational exceptions in the Copyright Act; 2) materials which are licensed by the university library 3) Open Educational Resources (OER) available as creative commons, open access or public domain, 4) materials allowed as part of the purchased course materials; or 7) are my own creative works.

Material is subject to fair dealing or educational exceptions in Copyright Act

The fair dealing exception in the Copyright Act allows for the copying of protected materials without permission of the he copyright holder.  To make copies of protected materials under this exception, a fair dealing analysis of six factors should be undertaken first. Specifically, University of Windsor faculty and staff are obliged to adhere to the guidelines of the University of Windsor Fair Dealing Policy, a summary of which is available as Fair Dealing Copying Guidelines for Faculty & Staff .

Recent revisions to the Copyright Act allows for the copying of protected materials without permission of the copyright holder within certain limits and specifically for educational purposes.  To make copies of protected materials under. There are several educational exceptions  that may be used in the digital classroom.

Materials available through an existing license held by the University Library

The University of Windsor has licensed in excess of 70,000 digital journals and over 1 million e-books for use by its faculty, staff and students. License agreements typically include the ability to link to articles and chapters and frequently include the right to upload or make print copies. Details regarding the terms and conditions of these licenses are available from Leddy Library License Information. Further assistance can be obtained from Your Librarian  or by emailing copyright@uwindsor.ca.

Material is available as Open Access

An increasing amount of material is being made available in Open Access publications online which, like Creative Commons, promotes the free distribution and use of content with appropriate attribution. There are several online starting points to find open access content, including the Directory of Open Access Journals (DOAJ) and the Directory of Open Access Repositories (OpenDOAR). Providing open access to your own publications in Windsor's repository, Scholarship at UWindsor makes it easy to ensure that your articles can be shared in the classroom here and for others around the world.

Open Educational Resources (OER)

An increasingly popular and viable option for course content is OER materials, defined as "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. Open educational resources include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge".  A list of alternative online resources is available as a starting point to a growing array of OERs.

Materials allowed to be used as part of purchased course materials

Some academic textbook publishers provide specific consent for use of their copyright protected materials in the classroom or through online coursepages.  Faculty members should inquire when ordering textbooks for their courses; although pre-approved uses  are available for some publishers.

Materials that are your own creative works

You are, of course, able to post any of your own creative works or course materials in which you are the sole owner of copyright as the original creator.

If none of these conditions apply, a transactional license for use of the material should be purchased through the Leddy Copyright Clearance Service. There is a Course Reserve Service available at Leddy Library to review your course reading list and ensure copyright compliance. 

In every case you should confirm copyright compliance before clicking “yes” to making course material available on Blackboard Learn.

Questions can be sent to: copyright@uwindsor.ca.