Carleton University Fair Dealing Policy

Policy Name: Carleton University Fair Dealing Policy Originating/Responsible Department: Office of the University Librarian Approval Authority: Academic and Research Committee Date of Original Policy: October 2012 Last Updated: November 2012 Mandatory Revision Date: November 2017 Contact: Office of the University Librarian

Purpose: The purpose of this policy is:

a. To provide a policy for the use of copyright fair dealing for faculty and staff of the university.

Scope: To provide guidelines for use of copyrighted material in teaching and research for Carleton University faculty and staff. Procedures: Carleton faculty and staff should use this policy in applying fair dealing when using copyrighted materials. If in any questions arise faculty and staff are encouraged to contact Associate University Librarian (Buildings, Operations and Copyright) if their use is not covered in the policy. Contacts: Office of the University Librarian – Associate University Librarian (Buildings, Operations and Copyright) Links to related policies: Copyright Policy is currently in development.

Carleton University Fair Dealing Policy Reproduction and Communication of Copyrighted Works by Faculty and Staff for Students

Summary

This Fair Dealing Policy (“Policy”) applies to all faculty members and staff persons of Carleton University. This Policy is in place to provide guidance on the use of copyright-protected works under fair dealing and to provide reasonable safeguards for the owners of copyright-protected works in accordance with the Copyright Act and Supreme Court decisions.

The fair dealing provision in the Copyright Act permits use of a copyright-protected work without permission from the copyright owner or payment of copyright royalties.

To qualify for fair dealing, two tests must be passed.

First, the "dealing" must be for a purpose stated in the Copyright Act: research, private study, criticism, review, news reporting, education, satire or parody. Educational use of a copyright-protected work passes this first test.

The second test is that the dealing must be "fair." In landmark decisions in 2004 and in 2012, the Supreme Court of Canada provided guidance as to what this test means in educational institutions.

Guidelines

1. Carleton University faculty members and staff persons may communicate and reproduce, in paper or electronic form, short excerpts from a copyright-protected work for the purposes of research, private study, criticism, review, news reporting, education, satire or parody.

2. Copying or communicating short excerpts from a copyright protected work under this Policy for the purpose of news reporting, criticism or review must mention the source and, if given in the source, the name of the author or creator of the work.

3. A copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course:

a. as a class handout; b. as a posting to a learning or course management system (such as CULearn) that

is password protected or otherwise restricted to students of Carleton University; or

c. as part of a course pack.

4. A short excerpt includes:

a. up to 10% of a copyright-protected work (including a literary work, musical score, sound recording, and an audiovisual work)

b. one chapter from a book c. a single article from a periodical

d. an entire individual artistic work (including a painting, print, photograph, diagram, drawing, map, chart, and plan) from a copyright-protected work containing other artistic works

e. an entire newspaper article or page f. an entire single poem or musical score from a publication containing other poems

or musical scores g. an entire entry from an encyclopedia, annotated bibliography, dictionary or

similar reference work

provided that in each case, no more of the work is copied than is required in order to achieve the allowable purpose.

5. Copying or communicating multiple short excerpts from the same copyright-protected work, with the intention of copying or communicating substantially the entire work, is prohibited.

6. Copying or communicating that exceeds this Policy may be referred to the Carleton University Copyright Officer or designate for an evaluation. An evaluation of whether the proposed copying or communication is permitted under fair dealing will be made based on all relevant circumstances.

7. Any fee charged by Carleton University for communicating or copying a short excerpt from a copyright-protected work must be intended to cover only the costs of the institution, including overhead costs.

Please Note: This Policy does not restrict copying or communicating of copyright-protected works permitted under an arrangement or contract entered into by Carleton University with a publisher, publisher’s representative or under contract arrangements, such as for Library databases (“Third Party Copying Arrangement”). In the event of a conflict between this Policy and a Third Party Copying Arrangement, the terms of the Third Party Copying Arrangement will apply.

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Criteria for Evaluating the Extent and Level of Collaboration in Joint Graduate Programs between

Carleton University and University of Ottawa

Carleton University and the University of Ottawa have been offering joint graduate studies programs since 1974; however, the degree of collaboration within these programs varies widely. The following establishes criteria for evaluating the collaborative nature of these programs for the purposes of the Carleton University and the University of Ottawa’s Joint Institutional Quality Assurance Process. 1. Joint Graduate Studies Programs should demonstrate that they have established a set of

learning outcomes and that these outcomes apply equally to the programs as they are delivered in each institution. These learning outcomes should be collaboratively developed through discussions involving professors and students from both institutions.

2. Joint programs should demonstrate benefits that go beyond allowing students to take

courses at the other institution. Such benefits may include, but are not restricted to, the following:

i) Enhanced capacity to recruit students. ii) An enriched culture of research drawing on the combined expertise of scholars

from both institutions on a regular basis. iii) Opportunities to learn of the research being conducted at the each institution

though such things as research collaborations, joint courses, joint colloquia and/or social activities.

iv) Research linked to approved fields that build on the expertise and other

resources of the two institutions. v) Coordination of course offerings to maximize the use of each institution’s

resources. vi) Preferred access to courses that might otherwise be restricted.

3. Joint programs should support students in negotiating the very different academic

cultures and administrative procedures of the two institutions and where possible should work to remove barriers to the participation of students from one institution at the other.

Articulation Agreement

Between

Carleton University

And

Fleming College of Applied Arts and Technology

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WHEREAS both parties wish to tighten the bonds which link them so as to promote and foster collaboration in program delivery;

WHEREAS both parties intend to collaborate in order to facilitate access to the University for College graduates;

WHEREAS the College offers Ontario College Certificate programs in General Arts and Science – University Transfer and students having completed this program are well-suited to enter the University’s Bachelor of Arts program;

BEARING IN MIND the previously stated mutual commitments, the parties agree as follows:

1. Students completing the one-year Ontario College Certificate in the Fleming “General Arts and Science—University Transfer“ program with an overall average of 70% will be considered for admission to the Carleton University B.A. program. If admitted, the University will award up to 5.0 transfer credits to be applied to the related University Bachelor of Arts degree, to be determined on a course-by-course basis. Carleton University will pre-approve specific courses and instructors for this purpose, and a list will be maintained jointly by both institutions. Either party may propose additions to the list at any time. For the purpose of this agreement, successful completion will mean achievement of a grade of 70% or better in each course for which transfer credit is assigned.

2. The University agrees that there will be no restriction on the number of qualified applicants from the College accepted into the University degree programs.

3. The College will keep the University informed of any changes in the instructors and/or the content of courses serving as the basis for advanced standing and assist the University in any review of said instructors and/or courses.

4. Amendments to this protocol may be made upon mutual agreement, with the understanding that any unapproved change could lead to the termination of this agreement.

5. Paragraph 4 notwithstanding, the agreement may be terminated by either party by written notification with one year notice.

6. This agreement will be in effect from the date of signing for a duration of three years and may be renewed upon mutual agreement.

7. In order to determine the success of the agreement, the University will follow the progress of the students who participate in this agreement. The University will provide the College with regular (frequency to be determined) progress reports concerning the transfer students to be incorporated in the College’s program quality assurance framework.

8. An annual meeting of representatives of the University and the College will take place at the beginning of each Fall semester in order to evaluate, revise or modify the agreement to better serve its purpose.

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9. Both the University and College agree to promote this articulation agreement in their respective publications.

10. As required by the Carleton University Undergraduate Calendar, each application will be evaluated on a case by case basis.

CONTACTS

For Fleming College For Carleton University

_________________________________ _________________________________

Date:_____________________________ Date:_____________________________

SIGNATURES

For Fleming College For Carleton University

_________________________________ _________________________________

Peter Ricketts

Provost

Date:_____________________________ Date:_____________________________

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