Concordia / Library / Copyright Guide / By media type / Exceptions

Educational and examination exceptions for media

For the purposes of examination in the context of education or training, educators can reproduce, translate or perform a work (movie, video, audio recording, images, text, etc.) or display it on University premises or in a learning management system (Moodle) for the benefit of enrolled students (s. 29.4 (2)), except if:

  • the work is commercially available on the Canadian market in a medium that is appropriate for the intended purpose and can be located with reasonable effort and acquired within a reasonable time and for a reasonable price.
  • the work is accessed through a subscription service or file-sharing site that prohibits educational use. For example, the subscription streaming service Netflix is only for personal use (not classroom use), except for a few titles that are marked for educational screenings (according to the terms of service).

The education exception does not apply if the work is posted by an educator on a public website. In order for this exception to apply, access to the site must be limited primarily to the students enrolled in your class.

The education and examination exceptions can be applied to a range of media. In addition to medium-specific considerations (video, audio, and images, etc.), as an instructor, you should also consult our guidelines on course materials and related text-based resources within our overview for instructors.

Video

Streaming (material licensed to Concordia): You are encouraged to screen material licensed to our University in your Concordia courses and to have students access licensed streaming media content so that they may watch course-related videos in full. Videos licensed to Concordia can be found in our Library's Sofia Discovery tool. See How to find videos.

So long as education and examination exceptions apply, then the following scenarios may be considered:

On-campus screenings: You can perform (or screen) a legally borrowed copyrighted video on educational premises if it is for education, training, or examination purposes (and not for commercial use) before an audience consisting primarily of students or instructors of the University.

Online lectures: You may play videos live by sharing your screen in an online classroom environment that is restricted for the purposes of your students' educational use (e.g., Moodle). The fair dealing exception may additionally apply to short excerpts interspersed with your commentary and analysis.

Streaming (unlicensed): You may provide your students with links to videos that are available on the open web. These may include, by way of example only, links to videos on YouTube, Vimeo, CNN, CBC, the White House, a personal website, etc. Bear in mind that such content may be available one day and taken down the next.

Digitizing videos in obsolete formats (Beta / VHS)

The Library may digitize a video in an obsolete format only if it cannot locate and purchase a commercially-available streaming licence within a reasonable time and at a reasonable price.

This copyright exception for libraries and archives can be applied to the digitization of a legally-obtained video recording (VHS or DVD) for the maintenance of a permanent collection and screening for educational purposes.

Radio and television broadcasts

Streaming (licensed): You are encouraged to have students access licensed radio content through the Library when possible, such as CBC and Radio-Canada content through Curio.

So long as education and examination exceptions apply, it is permissible to record programs to show them in class. You can make a single copy of a television or radio broadcast at the time of its communication to the public and then show it on University premises if it is for educational or training purposes.

In the case of a news program or a news commentary program, excluding documentaries, the copy may be retained indefinitely. Otherwise, a copy of any other broadcast, including documentaries, may be kept for up to thirty (30) days.

So long as education and examination exceptions apply, live radio and television programs may be shown or played in the classroom while being broadcast.

The education exception for works available through the internet allows a radio program to be played in class if it was made available online legally by the copyright owner and there is no digital lock.

Audio

Streaming (licensed): You are encouraged to have students access licensed audio content through the Library. See some examples of audio content.

Instructors may perform or play a musical work or sound recording in the classroom or in an online class environment as long as the work is a legal copy and not protected by a digital lock. A legal copy may include:

Images

You are encouraged to have students access licensed images through the Library and images in the public domain or made available with an open licence.

See Where to find public domain and Creative Commons works.

Images from Concordia Library databases

Images in the Artstor database can be used for classroom instruction and related classroom activities, student assignments and research, research activities of faculty, public display or public performance as part of non-commercial scholarly or educational presentations. See also other databases for finding images.

Using images pursuant to COPIBEC licence

Under the COPIBEC licence, instructors may reproduce any artistic work (drawing, painting, photograph, engraving, illustration, reproduction of a sculpture, architectural work, or other art form) that is included in a book or periodical article covered by COPIBEC, provided that the use is declared to COPIBEC.

Showing images in class

Instructors can, for the purposes of education or training, copy a work in order to project or display a copyright-protected image on university premises (s. 29.4), which includes in-class and online presentations. However, this exemption does not apply if the image is commercially available on the Canadian market in a medium that is appropriate for the intended purpose and can be acquired within a reasonable time and for a reasonable price. Images from commercial databases (e.g., Artstor) for which the library has licensed agreements can be used in classroom presentations.

Using images on the open web

It is generally necessary to obtain permission to copy and distribute a copyright-protected work on the internet unless it is from a licensed database or authorized by the copyright owner. However, it is also likely permissible that images can be used under these conditions:

  • Using low-resolution images or thumbnails which do not compete with the commercial interests of copyright owners
  • Linking to images rather than posting them on a class website

Translation

The Canadian Copyright Act recognizes the right to translate a work for the purposes of education or training on the premises of an educational institution. This is only permissible if no commercial alternative is available.

Performance

An exception (s. 29.5) permits educational institutions to use copyrighted materials in order to:

  • Stage a live performance in public (a play, a public reading, a concert, etc.), primarily by students of the educational institution.
  • Play a sound recording of a work or of a performer's performance that is embodied in a sound recording.
  • Play a live broadcast in public (television, radio, internet).
  • Perform a cinematographic work, as long as the work is not an infringing copy or the person responsible for the performance has no reasonable grounds to believe that it is an infringing copy.

For this exception to apply, the performance must take place:

  • On the premises of an educational institution and for virtual performance,
  • For educational or training purposes and not for profit, and
  • Before an audience consisting primarily of students of the educational institution.

Virtual performance

It is generally accepted in Canadian universities that copyright exceptions for performance apply in virtual teaching spaces, provided that the following conditions are met:

  • The work is presented in a virtual classroom (for example, in Moodle).
  • Access is limited to students registered in the course.
  • Students are informed that the work being performed is copyrighted and that copying is prohibited.
  • Reasonable steps are taken to reduce the likelihood that the work will be copied.

Page last reviewed on: 2024-05-24