Skip to Main Content

Including Copyrighted Content in Moodle

Copyright Basics

The following is general information about copyright and does not constitute legal advice.

 

What is copyright?

Copyright is the legal right of creators of certain types of original works to control how their work are used.  It includes both economic rights (such as the right to copy, publish, and perform their works) and moral rights (such as the right of attribution, which is the right to be identified as the creator of the work). The economic rights associated with copyright can be assigned to another person or entity, such as a publisher, who then becomes the copyright holder. Copyright is not an absolute right.  Users -- such as instructors and students -- have limited rights that allow them to use (e.g. reproduce) copyrighted works in certain circumstances without the need to obtain permission or pay royalties.  

What kind of works are protected by copyright?

The following types of original creative works are protected by copyright:

  • Literary (i.e. written) works
  • Artistic works
  • Dramatic works
  • Musical works

Does posting content in Moodle constitute "copying"?

“Copying” includes (but is not limited to) the following:

  • Downloading the PDF of an article from a licensed database and posting the PDF in Moodle
  • Downloading a freely available file from the internet, such as a video file, and posting the file in Moodle.
  • Copying and pasting content from a freely available internet site into a document and posting it in Moodle.
  • Scanning part or all of a print work and posting the resulting PDF in Moodle

Posting a link in Moodle to licensed content or publicly available material on the internet is not copying.

Who is the copyright holder? 

Initially, copyright belongs to the creator of an original work (or in some circumstances, the creator’s employer).

Copyright can be and often is assigned to another person or entity, such as a publisher, who then becomes the copyright holder. 

What rights does the copyright holder have?

The copyright holder has the right to determine how a work is used, and can require others to obtain permission and pay royalties to copy the work. Some copyright holders explicitly grant users permission to use their works for certain purposes through a license (e.g. a Creative Commons license) or through the terms of use (e.g. a website), and may waive the right to collect royalties.

How long does copyright last?

In Canada, copyright in most works lasts for the life of the creator plus 50 years, after which the work moves into the public domain. This rule applies even if the creator has assigned copyright in the work to another person or entity, such as a publisher.

Note that under the terms of the Canada - United States - Mexico (CUSMA) trade agreement, the copyright term in Canada will be extended to the life of the author plus 70 years on January 1, 2023

What does "public domain" mean?

Works move into the public domain after the author/creator has been dead for 50 years.  Public domain works can be copied without permission or the payment of royalties. Note that annotations and translations of works that have moved into the public domain, such as Shakespeare's plays or Luther's works, trigger a "new" copyright in the annotated version or translation that is protected by copyright for the life of the annotator or translator plus 50 years.

Is free content on the internet in the public domain?

Free content on the internet is not in the public domain unless the creator has been dead for 50 years.  Fortunately, section 30.04 of the Copyright Act allows instructors to copy and share "publicly available material (PAM) on the internet" with students if certain conditions are met (see the Free Internet Content tab for details).