Section 30.01 of the Copyright Act permits the communication by telecommunication of a fixed lesson to students who are enrolled in a course of which the lesson forms a part.
The application of Section 30.01 is dependent on adherence to the following conditions:
- The recorded lesson must be destroyed within 30 days after students received their final marks.
- The recorded lesson can only be made available to students via FOL because it is a learning management on a secure network to which the public does not have access.
- Reasonable measures must be taken to ensure that the recorded lecture cannot be further reproduced, distributed, or communicated.
This means that a lesson that includes copyright-protected works (such as presentation slides) can be recorded and made available to students via FOL. If the use of the copyright-protected works in the classroom is likely to be considered fair as per the Fair Dealing Guidelines, the Copyright Act, or with permission from the copyright owner, the use of the copyright-protected works in a recorded lecture would also be permitted. The use of the copyright-protected works in the recorded lecture is conditional upon the destruction of the recorded lecture within 30 days of the final marks being released. Any permitted copies of copyright-protected works used in the recorded lecture DO NOT have to be destroyed, just the recorded lecture itself.
Section 30.01 is new to the Copyright Act as of November 7, 2012 and has not yet been tested by the courts. If you have any questions or concerns about the application of Section 30.01, please contact the Copyright Services Officer (contact information here)