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Copyright and Fair Dealing

Websites & Links

In a 2011 decision from the Supreme Court of Canada, regarding the case Crookes v. Newton, it was determined that "hyperlinks are, in essence, references, which are fundamentally different from other acts of publication. Hyperlinks and references both communicate that something exists, but do not, by themselves, communicate its content. A hyperlink, by itself, should never be seen as 'publication' of the content to which it refers".

Rather than copying online content, simply provide students with a link or hyperlink to where the content exists.

Linking to Mount Library's Electronic Resouces

The Library subscribes to numerous collections which provide access to digital content like audio files, ebooks, and journal articles.

You can quickly search all of the Library's electronic resources via the  A-Z Research Databases & Websites list

To access these eResources and the digital content they contain, you will be prompted to log in by entering your Mount username and password. The URL that will appear at the top of your screen is often specific to your logged in session and will usually expire within a few hours. To share digital content with students, provide them with a Persistent Link in your Moodle course. Linking instructions are available under each database on the A-Z Research Databases & Websites list. 

‚ÄčWhen students click on the persistent link, they will be transferred directly to the content you selected after logging in with their Mount username and password. Providing Persistent Links is the most effective way to share content from the Mount Library with students.   

Educational exceptions in the copyright law

Work available through Internet

The Copyright Modernization Act, Section 30.04, allows educational institutions, for educational purposes, to reproduce, save, download and share publicly available materials that are on the Internet, under certain conditions.

Publicly available internet materials can be used in routine classroom activities, such as incorporating online text or images into assignments, exchanging materterials with instructors or peers, or reposting a work on a password protected course website, as long as:

  • the website is not questionable or is not using 3rd party material without the copyright owner's consent.
  • the content is not behind a password protected or otherwise restricted from public access.
  • there is not a clearly visible posting on the website that prohibits educational use (and not merely the copyright symbol).
  • you do not need to break or circumvent a digital lock to obtain a copy of the material.
  • you provide proper citation for the work(s).
    • the source; and
    • name of author, performer, maker or broadcaster (if provided in the source)

Questions?

Ethical Linking

Practice ethical linking. When using content from the open web please do not link to illegal or infringing copies of copyrighted works.


This guide is licensed under a Creative Commons Attribution-Noncommercial License.
Creative Commons License

You may copy the guide for noncommercial purposes as long as credit is included. Please be aware that the guide may contain links to subscription based services for which access is restricted. We encourage you to license your derivative works under Creative Commons as well to encourage sharing and reuse of educational materials.