Internet, Use of Materials

Exemption for Works Available through the Internet

Section 30.04(1) of the Copyright Act provides for an exemption from copyright infringement for copying, communicating and performing in public by an educational institution or a person acting under its authority for educational or training purposes of a copyright protected work that is available through the Internet. 

Under this specific exemption in the Copyright Act, an entire work may be copied or communicated which is preferable to relying on the Fair Dealing policy which only permits certain limited uses of materials.  Before the exemption can be invoked, each of the conditions listed below must be met.

This is subject to the following conditions:

• The educational institution, or person acting under its authority mentions:

the source URL;
the name of the author, if available;
the name or the performer if it is a performance;
the name of the record label if the work is a sound recording

• The copyright protected work or the Internet site where it is posted is not protected by a digital lock that either restricts access to the work, or restricts copying, communicating or performing in public of the work;
• There is no clearly visible notice other than a copyright symbol posted on the Internet site or on the work, that prohibits the act sought to be done;
• The educational institution or person acting under its authority must have a reasonable idea that the work was made available with the consent of the copyright holder.