Guide for activities, assignments, and exams

Copyright Considerations

This resource is an introduction to copyright considerations in assessments; it is one of a selection of guides on copyright and teaching. It is meant to get you thinking about copyright when designing activities, assignments, exams, etc. The scenarios, below, are context-specific. The guidance given should not necessarily be extrapolated to other situations. If you have questions, contact copyright@uwaterloo.ca.

Before we begin

Always start with a legitimate (legally made and legally shared) copy (i.e., not "bootlegs"; see FAQ 17). Follow any terms of use you agreed to when you accessed the copy. Do not break any technological protection measures (TPM). Consider how your students will access the material (in person or online). Provide attribution. Consider how your students will disseminate their work.

Contents covered:

Text-based media

How much of a book or journal can I copy for use in an assessment?

If you accessed the material via a library license, follow the terms of the licence and the usage rights (see Finding usage rights). Alternatively, if you did not have to agree to Terms, a library licence was not used, and you would like to use only a short excerpt, you may be able to do so under Fair Dealing (see Fair dealing advisory). Copying anything more than the amount identified as a short excerpt in the Fair Dealing Advisory likely requires permission.

Audio-visual media

As part of an assessment, I would like to show students a movie that I have on DVD. What should I do if a student asks for a transcript?

If the movie is a legal copy (i.e., not a "bootleg"), you may bring it to the classroom and play it for students in your in-person class (see Other Copyright Act exceptions). If the movie is a legal copy and you'd like to use it in your online class, you may have to seek permission or a license (see FAQ 49) for who to contact for help. Permission from the rights holder is required to produce an alternate format (e.g., transcripts). If your student needs a transcript, have them contact AccessAbility Services.

I would like students to show excerpts of movies and to provide commentary in pre-recorded presentations to share with the rest of their class.

Students should consider hard copies or possibly streaming copies that have been made available by the copyright owner without the student first having had to agree to terms that prohibit copying and excerpting or breaking digital locks. If suitable sources have been found, the student can create their presentation and share it with the class under Copyright Act, Section 29.21 (see Other Copyright Act exceptions).

Additional information about the use of audio-visual material is available in the Guide for videos, film and other audio-visual materials.

Perusall

How do I know if I can upload a journal article or book excerpt to Perusall?

Perusall permissions can be treated the same as LEARN permissions. If the license on the library website (see Finding usage rights) indicates that the article or digital source can be posted to LEARN then it can be posted to Perusall.

Can I upload audiovisual material to Perusall?

So long as the material follows the guidelines for online media usage, which are listed at the start of this document, audiovisual materials can be used in Perusall. Additional information about the use of audio-visual material is available in the Guide for videos, film and other audio-visual materials.

What if the University does not have digital access to an article I want to use in my course?

Course Reserves may be able to help clear these rights. Instructors should first contact library.reserves@uwaterloo.ca to see if Course Reserves can obtain permission and/or license material to provide a no-cost option for students. Alternatively, Perusall may be able to clear digital rights. However, when Perusall clears rights, students can only access materials after paying a fee.

Photographs and artwork

I would like students to 1) find artwork online or in a physical collection, 2) write an analysis, and 3) combine the artwork and the analysis in an open educational resource (OER) with a Creative Commons (CC) license.

  1. Not all images that can be found on the Internet or in a physical collection can be used. For example, there may be copyright in a photograph of a work that is already in the Public Domain. Or the student might have to agree to not photograph the works in a gallery before viewing the collection. If the work is legitimate and it can be accessed without agreeing to not copy and use beyond the above stated purpose and without breaking a digital lock, the student may then be able to copy the work under Fair Dealing (see Fair Dealing Advisory) or Copyright Act, Section 30.04 (see Other Copyright Act exceptions). If the student is accessing a work in a physical collection, it may be possible to photograph it under Fair Dealing. If it is an architectural work (but not a drawing or plan) or a sculpture, etc., on permanent display in a public building, it may be possible to photograph it under Copyright Act, Section 32.2 (1) (b).
  2. There are no issues in writing an analysis.
  3. The student may be able to combine the photo with other material in a presentation to be shared with the instructor and classmates under the Copyright Act, Section 29.21 (see Other Copyright Act exceptions). However, if the presentation is to be shared as an OER, material should either be the student's own, in the Public Domain, available under terms that allow such use (e.g., a relevant CC-license), or used with permission from the rights holder. The student should provide attribution (see FAQ 13). The licensing statement should clarify which material the license covers (i.e., the student's own work and the work as a compilation, but not the artwork found online or in a physical collection.

Exams and quiz materials

I would like to use textbook or other publisher material (e.g., quiz banks) in quizzes and exams. What should I be aware of?

Be aware that your use of assets, like quiz banks, may be linked to the requirement that your students purchase the companion textbook. As well, the Terms may or may not address questions you may have about altering the material and providing attribution. If in doubt, try contacting your sales representative. Whether the clarification was found in the Terms or in a letter of permission, make sure you keep a copy with your records (see FAQ 15).

I would like to use more than a short excerpt in an exam.

Examples of short excerpts are listed on the Fair Dealing advisory (e.g a chapter of a book, a single article from a periodical). If the work was obtained through a license or agreement, follow the Terms. If the work was not obtained through a license or agreement and your students will be writing on the university premises, you may be able to use the asset under Copyright Act, Section 29.4 (see Other Copyright Act exceptions).

The use of student assignments

I would like to share the work of previous students with current students.

Regardless of whether you'd like to share in-person or online, you may only share a student's work if you have that student's permission (see FAQ 18). Under Policy 73: Intellectual Property Rights, students own the copyright to the work they create. Accordingly, you should ask students in advance whether they consent to having their work shared and whether and how they would like to be attributed; keep written records (see FAQ 15) of the permissions received.