This guide and the resources included within are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license, except as otherwise noted. Questions and requests may be directed to Meaghan Shannon, Copyright Librarian at Queen's University: meaghan.shannon@queensu.ca.
The information on this page is intended for Queen's students, who produce media when preparing and creating academic works (assignments, reports, essays, presentations, theses, dissertations, etc.). The types of media addressed on this page include the following:
- Student-Produced Media,
- Videos produced using Ed Tech Tools,
- Videos produced using Zoom and uploaded to Private YouTube Channels, and
- Audio Recordings.
If you are looking for information or resources about a specific type of media that has not been addressed on this page, please let us know as we would be happy to make that information and those resources available.
If you have any questions or need assistance, please contact the Copyright Advisory Office: qcopy@queensu.ca.
Each student retains the rights (economic and moral) to the works that they create. Examples of student works include academic works such as assignments, reports, essays, slide decks for presentations, and any media that students produce. This student-produced media may include text, images, links, embedded media, etc., but it's important to note that including such content into student-produced media does not result in the rights to such content being transferred to students; the rights to such content will remain with each piece of content's copyright owner. As such, appropriate exceptions in the Copyright Act (the Fair Dealing Exception and the Non-Commercial User-Generated Content Exception) and applicable licenses and terms of use/service should be adhered to. Please see the sections below for information about specific types of media and how to appropriately include content within them. *Please note that it is important for both copyright-related reasons and academic purposes to acknowledge the authors and sources of content, by way of attribution statements, credit lines, citations, and references, whenever such content is included within student-produced media.*
When a student submits their work, including student-produced media, to a course instructor, they do so for the purpose of having their work evaluated by that course instructor so that grades can be assigned and feedback can be provided. If a student is to prepare a presentation, seminar, etc., within a course, the assignment instructions should indicate that their presentation/seminar materials (handouts, postings, slides, and any student-produced media) will be distributed to other students in the classroom and/or communicated to other students in the class via the course site or email. If a student's work, including student-produced media, is exemplary or exceptional and a course instructor would like to share the student's work with other students in the class, with students in a future offering of the course, with colleagues, or to showcase the work of the student so as to promote the course or program, written permission from the student will need to be obtained - this is often done via an email exchange so that both the student's and the course instructor's responses can be kept for their records.
When it comes to other students' work, students can incorporate other students' work into student-produced media *if cited and referenced* and if the student-produced media is not published (ie made available to the public via YouTube or posted/uploaded/shared to a social media platform). Please note that the Non-Commercial User-Generated Content Exception will not apply if the other student's work has not been published.
Students are welcome to contact the Copyright Advisory Office if they have any copyright-related questions or concerns: qcopy@queensu.ca.
The information in this section is intended to address the creation of videos using Ed Tech tools, like Camtasia and Powtoon, which offer workspaces for the preparation and development of videos. While completed videos are accessed and used by students within classrooms and course sites, versions of the completed videos will remain within the Ed Tech tools and will be available to other users of those Ed Tech tools.
An Ed Tech Toolkit has been made available by the Centre for Teaching and Learning at Queen's University. The list below was prepared by the Copyright Advisory Office for the Ed Tech Toolkit Working Group. The list includes reviews of numerous Ed Tech Tools' Terms of Use or Terms of Service and highlights the treatment and management of intellectual property (content), whether and how artificial intelligence is used, and includes links to privacy policies and any accessibility-related information. Please be aware that most Ed Tech tools' Terms of Use of Terms of Service state that users are responsible for any content that they share to, post to, upload to, transmit through, store within, etc. the Ed Tech tool and many prohibit users from sharing, posting, uploading, transmitting, storing, etc. any content to which they do not own the intellectual property rights.
If you are creating videos using Ed Tech tools like Camtasia and Powtoon, please refer to the best practices below for the inclusion of categories or types of content within videos.
Content from Print Sources and Physical Formats
Permission from copyright owners will be required in order to include short excerpts, including images, from print sources within a video.
Permission from copyright owners will be required in order to include short clips, audio, or stills from physical formats of films, videos, or music within a video.
Textbook and Publisher-Issued Supplemental Materials
Permission from the publisher will be required in order to include content from textbooks and any publisher-issued or publisher-hosted supplemental materials within a video.
Content from Online Sources
Permission from the copyright owner will be required in order to include content from publicly accessible online sources within a video.
Linking or hyperlinking to publicly accessible online content is an alternative to reproducing that content. In the decision regarding Crookes v. Newton (2011), the Supreme Court of Canada stated that "a hyperlink, by itself' should never be seen as 'publication' of the content to which it refers" [para. 14]. Linking or hyperlinking to content does not constitute reproducing that content and links or hyperlinks would not need to be accompanied by attribution statements.
YouTube Videos
Permission from the account/username will be required in order to include components of a YouTube video within a video.
Open Educational Resources
Open Educational Resources, or content from them, can be included within a video. Queen's University Library's Open Educational Resources page and Open Educational Resources Guide include detailed information about the use, adaptation, and development of Open Educational Resources.
Creative Content-licensed Content and Works
Creative Commons-licensed content and works are protected by copyright. Authors of Creative Commons-licensed content and works have elected to employ Creative Commons licenses to pre-authorize the use of their copyright-protected content and works by permitting the exercising of some or all of their economic rights and retaining their moral right of attribution. There are seven Creative Commons licenses that permit specific uses of content and works and range from least to most restrictive. Two of the Creative Commons licenses, CC BY-ND and CC BY-NC-ND, do not permit adaptations or the creation of derivative works, so content and works licensed under these two licenses cannot be included within a video. Content and works licensed under the remaining five Creative Commons licenses can be included within a video:
CC 0: both moral and economic rights are waived. The content or work can be used without any restrictions but *the attribution right should be respected for academic purposes.*
CC BY: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is the only requirement.*
CC BY-SA: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-SA license).
CC BY-NC: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required.*
CC BY-NC-SA: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-NC-SA license).
*It will be important to acknowledge the Creative Commons licenses of content and works included within a video* as anyone accessing your video via the Ed Tech tool used to prepare and develop the video, as well as course instructors and students viewing the video in the classroom or through a course site, will need to know whether the Creative Commons-licensed content and works must be shared alike (SA) or can only be used for non-commercial purposes (NC).
Creative Commons-licensed Images
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The chart links to image search tools, with information about conducting searches for Creative Commons-licensed images, and online sources of Creative Commons-licensed image collections, with information about the scope of use and attribution statements.
Creative Commons-licensed Music and Sheet Music
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The first page of the chart includes links to online sources of Creative Commons-licensed music, with information about the scope of use and attribution statements. The second page of the chart includes links to public domain and Creative Commons-licensed collections of sheet music, with information about the scope of use and attribution statements.
If you have questions about Creative Commons-licensed content or works, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
Library-licensed Content and Works
Queen's University Library has licensed the use of content and works, such as eBooks, journal articles, and discipline-specific eResources, for educational use by Queen's faculty, students, researchers, and staff. Library-licensed content and works are available through databases and can be accessed through the use of search tools. While the content and works themselves cannot be included within a video without permission from the publishers, the databases will feature persistent linking or other sharing options so that students can direct viewers of their videos to the original content and works within the databases. The url that will display at the top of your browser will be unique to your logged in session - rather than use that url, please make use of the persistent linking or other sharing options within the databases. Viewers may be prompted to log in so that they're recognized as authorized users but, once logged in, they will be able to access the content and works that you've directed them to through the persistent links or other sharing options.
Subscription-based Content
Websites, platforms, and online services that require the creation of accounts, logging in, subscriptions, or the payment of fees, are not publicly accessible online sources of content. The use of content from these websites, platforms, and online services is governed by their Terms of Use or Terms of Service that are agreed to or accepted when accounts are created or subscriptions are initiated. The Terms of Use or Terms of Service will include sections that address intellectual property and permitted uses and these sections will either permit or prohibit the extraction of content for external use. Before including content from such websites, platforms, or online services within a video, please consult the Terms of Use or Terms of Service that you agreed to or accepted.
Social Media
Content from social media platforms (Facebook, Instagram, X, etc.) can be included within a video if you have an account with the respective social media platform. When you created your account, you would have agreed to or accepted the social media platform's Terms of Use or Terms of Service and, by doing so, you would have granted the social media platform and its users some or all of the economic rights to the content that you make available through (share to, post to, upload to, transmit through, store within, etc.) that social media platform. This means that others can make use of your content but it also means that you can make use of their content. At your discretion, and if you have accounts with social media platforms, you can include content from social media platforms within a video. *The username of the account that posted/shared the content, the date that the content was posted/shared, and the name of the social media platform, should be acknowledged by way of an attribution statement, citation, or credit line, when content from social media is included within a video.*
*Attribution Statements in Videos*
Content from any source should be accompanied by an attribution statement when it is reproduced and included within a video that is intended to be performed/streamed/screened by course instructors and students in the classroom or via a course site. Attribution statements should acknowledge the authors (artists, photographers, graphic designers, musicians, videographers, etc.) of the content and the sources of the content. Attribution statements can be credit lines or citations (the Copyright Act requires attribution statements but does not prescribe specific citation styles or formats). Ideally, attribution statements should accompany the content when it appears in the video. If you are using numerous pieces of content and space on the slide/screen is limited, the pieces of content could be numbered and a corresponding list of attribution statements could be made available at the end of the video - similar to references at the end of an article or credits at the end of a film. The attribution statements must be within the video so that the content within the video can be associated with their authors and sources. The attribution statements should not be within a different document or file even if the document or file and the video have the same name or are available to course instructors and students alongside each other within a course site.
The graphic below illustrates whether and how content from various sources can be included within a video produced using Ed Tech tools.
If you come across content, from any source, that you would like to include within a video but have questions or concerns as to whether and how that content can be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
The information in this section is intended to address the creation of videos through the use of software like Zoom and the use of a private YouTube channel from which produced videos can be uploaded and then linked to or embedded within a student's academic work so that the videos can be performed in the classroom or streamed through a course site. If you intend to produce, perform, and stream videos in such a manner, please refer to the best practices below for the inclusion of categories or types of content within videos.
Content from Print Sources and Physical Formats
Content from print sources and physical formats (films, videos, and music) can be included within a video that is performed in the classroom or streamed through a course site via a private YouTube channel in accordance with section 29.21 of the Copyright Act. Section 29.21 details the Non-Commercial User-Generated Content Exception which permits the use of existing copyright-protected works in order to create a new work for non-commercial purposes. In order to make use of this exception, the following conditions must be met:
- the new work (video) is produced solely for non-commercial purposes (performed in the classroom or streamed through a course site via a private YouTube channel);
- the print source or physical format must be legitimate (not an infringing copy);
- the new work (video) will not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the content (from the print source or physical format) or on an existing or potential market for it, including that the new work (video) is not a substitute for the content or the source of the content (the print source or physical format); and
- *the author(s) and source of the content must be acknowledged when content from print sources and physical formats is used within a new work (video).*
When using content from print sources or physical formats in a video that will be performed in the classroom or streamed through a course site via a private YouTube channel, it would be best to consider the amount of content from any one print source or physical format in accordance with the following Fair Dealing factor that was prescribed by the Supreme Court of Canada in the decision regarding CCH Canadian Ltd. v. Law Society of Upper Canada (2004):
The amount of the dealing: in proportion to the copyright-protected material or work, how much of the copyright-protected material or work is being reproduced, distributed, communicated, performed, exhibited, or translated/adapted? Is that amount substantial or insubstantial? Is a single short excerpt involved in the dealing or are multiple short excerpts involved in the dealing? Has the amount of the dealing been considered from both qualitative and quantitative perspectives?
The inclusion of content from physical formats of films, videos, and music is contingent on any existing technological protection measures or digital locks not being circumvented or broken.
If you have questions or concerns about including content from print sources or physical formats within videos, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
Textbook and Publisher-Issued Supplemental Materials
Permission from the publisher will be required in order to include content from textbooks and any publisher-issued or publisher-hosted supplemental materials within a video.
Content from Online Sources
Content from publicly accessible online sources can be included within a video that is performed in the classroom or streamed through a course site via a private YouTube channel in accordance with section 29.21 of the Copyright Act. Section 29.21 details the Non-Commercial User-Generated Content Exception which permits the use of existing copyright-protected works in order to create a new work for non-commercial purposes. In order to make use of this exception, the following conditions must be met:
- the new work (video) is produced solely for non-commercial purposes (performed in the classroom or streamed through a course site via a private YouTube channel);
- the content and online source must be legitimate (not an infringing copy);
- the new work (video) will not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the content (from the online source) or on an existing or potential market for it, including that the new work (video) is not a substitute for the content or the online source of the content; and
- *the author(s) and source of the content must be acknowledged when content from online sources is used within a new work (video).*
When including content from online sources within a video that will be performed in the classroom or streamed through a course site via a private YouTube channel, it would be best to consider the conditions for the educational use of publicly accessible online content that are outlined in section 30.04 of the Copyright Act:
- the content must be publicly accessible (you must be able to access the content without creating an account, logging in to a website, subscribing to a website, platform, or online service, or paying any fees);
- the content must be legitimate (not an infringing copy) and must have been made available online to the public by the copyright owner (consult verified accounts and trusted websites, consider the validity of the usernames of those who posted or uploaded the content, and avoid content that is accompanied by disclaimers that state 'no copyright infringement intended');
- the content must not be accompanied by clearly visible copyright notices that prohibit educational or non-commercial use;
- access to and use of the content must not be restricted by technological protection measures or digital locks (avoid images that have been watermarked, avoid text that cannot be downloaded or copied and pasted, and avoid music and videos that cannot be played in your geographic location); and
- *the author(s) and source of the content must be acknowledged when publicly accessible online content is included within a video.*
Linking or hyperlinking to publicly accessible online content is an alternative to reproducing that content. In the decision regarding Crookes v. Newton (2011), the Supreme Court of Canada stated that "a hyperlink, by itself' should never be seen as 'publication' of the content to which it refers" [para. 14]. Linking or hyperlinking to content does not constitute reproducing that content and links or hyperlinks would not need to be accompanied by attribution statements.
If you have questions or concerns about including content from publicly accessible online sources within a video, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
YouTube Videos
YouTube is a publicly accessible online source of videos. You are not required to have a YouTube or Google account in order to access videos on YouTube. Before including components of a YouTube video within a video, you must confirm that the video is legitimate (not an infringing copy); that the video was made available on YouTube by the copyright owner (consult verified accounts, consider the validity of the usernames of those who posted or uploaded the video, and avoid videos that are accompanied by disclaimers that state 'no copyright infringement intended'); and that the use of the video is not restricted by technological protection measures or digital locks (avoid videos that cannot be played in your geographic location). Once incorporated, *the account/username that posted/uploaded the video and YouTube must be acknowledged.*
Open Educational Resources
Open Educational Resources, or content from them, can be included within a video. Queen's University Library's Open Educational Resources page and Open Educational Resources Guide include detailed information about the use, adaptation, and development of Open Educational Resources.
Creative Content-licensed Content and Works
Creative Commons-licensed content and works are protected by copyright. Authors of Creative Commons-licensed content and works have elected to employ Creative Commons licenses to pre-authorize the use of their copyright-protected content and works by permitting the exercising of some or all of their economic rights and retaining their moral right of attribution. There are seven Creative Commons licenses that permit specific uses of content and works and range from least to most restrictive. Two of the Creative Commons licenses, CC BY-ND and CC BY-NC-ND, do not permit adaptations or the creation of derivative works, so content and works licensed under these two licenses cannot be included within a video. Content and works licensed under the remaining five Creative Commons licenses can be included within a video:
CC 0: both moral and economic rights are waived. The content or work can be used without any restrictions but *the attribution right should be respected for academic purposes.*
CC BY: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is the only requirement.*
CC BY-SA: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-SA license).
CC BY-NC: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required.*
CC BY-NC-SA: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-NC-SA license).
*It will be important to acknowledge the Creative Commons licenses of content and works included within a video* as anyone accessing your video via your private YouTube channel, as well as course instructors and students viewing the video in the classroom or through a course site, will need to know whether the Creative Commons-licensed content and works must be shared alike (SA) or can only be used for non-commercial purposes (NC).
Creative Commons-licensed Images
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The chart links to image search tools, with information about conducting searches for Creative Commons-licensed images, and online sources of Creative Commons-licensed image collections, with information about the scope of use and attribution statements.
Creative Commons-licensed Music and Sheet Music
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The first page of the chart includes links to online sources of Creative Commons-licensed music, with information about the scope of use and attribution statements. The second page of the chart includes links to public domain and Creative Commons-licensed collections of sheet music, with information about the scope of use and attribution statements.
If you have questions about Creative Commons-licensed content or works, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
Library-licensed Content and Works
Queen's University Library has licensed the use of content and works, such as eBooks, journal articles, and discipline-specific eResources, for educational use by Queen's faculty, students, researchers, and staff. Library-licensed content and works are available through databases and can be accessed through the use of search tools. While the content and works themselves cannot be included within a video without permission from the publishers, the databases will feature persistent linking or other sharing options so that students can direct viewers of their videos to the original content and works within the databases. The url that will display at the top of your browser will be unique to your logged in session - rather than use that url, please make use of the persistent linking or other sharing options within the databases. Viewers may be prompted to log in so that they're recognized as authorized users but, once logged in, they will be able to access the content and works that you've directed them to through the persistent links or other sharing options.
Subscription-based Content
Websites, platforms, and online services that require the creation of accounts, logging in, subscriptions, or the payment of fees, are not publicly accessible online sources of content. The use of content from these websites, platforms, and online services is governed by their Terms of Use or Terms of Service that are agreed to or accepted when accounts are created or subscriptions are initiated. The Terms of Use or Terms of Service will include sections that address intellectual property and permitted uses and these sections will either permit or prohibit the extraction of content for external use. Before including content from such websites, platforms, or online services within a video, please consult the Terms of Use or Terms of Service that you agreed to or accepted.
Social Media
Content from social media platforms (Facebook, Instagram, X, etc.) can be included within a video if you have an account with the respective social media platform. When you created your account, you would have agreed to or accepted the social media platform's Terms of Use or Terms of Service and, by doing so, you would have granted the social media platform and its users some or all of the economic rights to the content that you make available through (share to, post to, upload to, transmit through, store within, etc.) that social media platform. This means that others can make use of your content but it also means that you can make use of their content. At your discretion, and if you have accounts with social media platforms, you can include content from social media platforms within a video. *The username of the account that posted/shared the content, the date that the content was posted/shared, and the name of the social media platform, should be acknowledged by way of an attribution statement, citation, or credit line, when content from social media is included within a video.*
*Attribution Statements in Videos*
Content from any source should be accompanied by an attribution statement when it is reproduced and included within a video that is intended to be performed/streamed/screened by course instructors and students in the classroom or via a course site. Attribution statements should acknowledge the authors (artists, photographers, graphic designers, musicians, videographers, etc.) of the content and the sources of the content. Attribution statements can be credit lines or citations (the Copyright Act requires attribution statements but does not prescribe specific citation styles or formats). Ideally, attribution statements should accompany the content when it appears in the video. If you are using numerous pieces of content and space on the slide/screen is limited, the pieces of content could be numbered and a corresponding list of attribution statements could be made available at the end of the video - similar to references at the end of an article or credits at the end of a film. The attribution statements must be within the video so that the content within the video can be associated with their authors and sources. The attribution statements should not be within a different document or file even if the document or file and the video have the same name or are available to course instructors and students alongside each other within a course site.
The graphic below illustrates whether and how content from various sources can be included within a video that is produced using software like Zoom and uploaded to a private YouTube channel so that the video can be performed in the classroom or streamed through a course site.
If you come across content, from any source, that you would like to include within a video but have questions or concerns about whether and how that content can be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
The information in this section is intended to address the creation of audio recordings, such as voice memos and podcasts, that students produce as academic work and perform in the classroom or upload to and stream through a course site. The following are best practices for the inclusion of categories or types of content within audio recordings.
Content from Print Sources and Physical Formats
Content from print sources and physical formats (films, videos, and music) can be included within an audio recording that is performed in the classroom or uploaded to and streamed through a course site in accordance with section 29.21 of the Copyright Act. Section 29.21 details the Non-Commercial User-Generated Content Exception which permits the use of existing copyright-protected works in order to create a new work for non-commercial purposes. In order to make use of this exception, the following conditions must be met:
- the new work (audio recording) is produced solely for non-commercial purposes (performed in the classroom or uploaded to and streamed through a course site);
- the print source or physical format must be legitimate (not an infringing copy);
- the new work (audio recording) will not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the content (from the print source or physical format) or on an existing or potential market for it, including that the new work (audio recording) is not a substitute for the content or the source of the content (the print source or physical format); and
- *the author(s) and source of the content must be acknowledged when content from print sources and physical formats is used within a new work (audio recording).*
When including content from print sources or physical formats within an audio recording that will be performed in the classroom or uploaded to and streamed through a course site, it would be best to consider the amount of content from any one print source or physical format in accordance with the following Fair Dealing factor that was prescribed by the Supreme Court of Canada in the decision regarding CCH Canadian Ltd. v. Law Society of Upper Canada (2004):
The amount of the dealing: in proportion to the copyright-protected material or work, how much of the copyright-protected material or work is being reproduced, distributed, communicated, performed, exhibited, or translated/adapted? Is that amount substantial or insubstantial? Is a single short excerpt involved in the dealing or are multiple short excerpts involved in the dealing? Has the amount of the dealing been considered from both qualitative and quantitative perspectives?
The inclusion of content from physical formats of films, videos, and music is contingent on any existing technological protection measures or digital locks not being circumvented or broken.
If you have questions or concerns about including content from print sources or physical formats within videos, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
Textbook and Publisher-Issued Supplemental Materials
Permission from the publisher will be required in order to include content from textbooks and any publisher-issued or publisher-hosted supplemental materials within an audio recording.
Content from Online Sources
Content from publicly accessible online sources can be included within an audio recording that is performed in the classroom or uploaded to and streamed through a course site in accordance with section 29.21 of the Copyright Act. Section 29.21 details the Non-Commercial User-Generated Content Exception which permits the use of existing copyright-protected works in order to create a new work for non-commercial purposes. In order to make use of this exception, the following conditions must be met:
- the new work (audio recording) is produced solely for non-commercial purposes (performed in the classroom or uploaded to and streamed through a course site);
- the content and online source must be legitimate (not an infringing copy);
- the new work (audio recording) will not have a substantial adverse effect, financial or otherwise, on the exploitation or potential exploitation of the content (from the online source) or on an existing or potential market for it, including that the new work (audio recording) is not a substitute for the content or the online source of the content; and
- *the author(s) and source of the content must be acknowledged when content from online sources is included within a new work (audio recording).*
When including content from online sources within an audio recording that will be performed in the classroom or uploaded to and streamed through a course site, it would be best to consider the conditions for the educational use of publicly accessible online content that are outlined in section 30.04 of the Copyright Act:
- the content must be publicly accessible (you must be able to access the content without creating an account, logging in to a website, subscribing to a website, platform, or online service, or paying any fees);
- the content must be legitimate (not an infringing copy) and must have been made available online to the public by the copyright owner (consult verified accounts and trusted websites, consider the validity of the usernames of those who posted or uploaded the content, and avoid content that is accompanied by disclaimers that state 'no copyright infringement intended');
- the content must not be accompanied by clearly visible copyright notices that prohibit educational or non-commercial use;
- access to and use of the content must not be restricted by technological protection measures or digital locks (avoid music and videos that cannot be played in your geographic location); and
- *the author(s) and source of the content must be acknowledged when publicly accessible online content is included within an audio recording.*
If you have questions or concerns about including content from publicly accessible online sources within a video, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
YouTube Videos
YouTube is a publicly accessible online source of videos. You are not required to have a YouTube or Google account in order to access videos on YouTube. Before including components of a YouTube video within an audio recording, you must confirm that the video is legitimate (not an infringing copy); that the video was made available on YouTube by the copyright owner (consult verified accounts, consider the validity of the usernames of those who posted or uploaded the video, and avoid videos that are accompanied by disclaimers that state 'no copyright infringement intended'); and that the use of the video is not restricted by technological protection measures or digital locks (avoid videos that cannot be played in your geographic location). Once included, *the account/username that posted/uploaded the video and YouTube must be acknowledged.*
Open Educational Resources
Open Educational Resources, or content from them, can be included within an audio recording. Queen's University Library's Open Educational Resources page and Open Educational Resources Guide include detailed information about the use, adaptation, and development of Open Educational Resources.
Creative Content-licensed Content and Works
Creative Commons-licensed content and works are protected by copyright. Authors of Creative Commons-licensed content and works have elected to employ Creative Commons licenses to pre-authorize the use of their copyright-protected content and works by permitting the exercising of some or all of their economic rights and retaining their moral right of attribution. There are seven Creative Commons licenses that permit specific uses of content and works and range from least to most restrictive. Two of the Creative Commons licenses, CC BY-ND and CC BY-NC-ND, do not permit adaptations or the creation of derivative works, so content and works licensed under these two licenses cannot be included within an audio recording. Content and works licensed under the remaining five Creative Commons licenses can be included within an audio recording:
CC 0: both moral and economic rights are waived. The content or work can be used without any restrictions but *the attribution right should be respected for academic purposes.*
CC BY: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is the only requirement.*
CC BY-SA: economic rights are waived, the content or work can be used for both commercial and non-commercial purposes. *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-SA license).
CC BY-NC: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required.*
CC BY-NC-SA: economic rights are waived, the content or work can be used for non-commercial purposes only (commercial use requires authorization or permission from the copyright owner). *Respecting the attribution right is required* and any new content or work must be shared alike (must be made available through the use of a CC BY-NC-SA license).
*It will be important to acknowledge the Creative Commons licenses of content and works included within an audio recording* as course instructors and students listening to the audio recording in the classroom or streaming it through a course site, will need to know whether the Creative Commons-licensed content and works must be shared alike (SA) or can only be used for non-commercial purposes (NC).
Creative Commons-licensed Music and Sheet Music
The chart linked below was prepared by the Copyright Advisory Office in an effort to address questions frequently asked by Queen's students. The first page of the chart includes links to online sources of Creative Commons-licensed music, with information about the scope of use and attribution statements.
If you have questions about Creative Commons-licensed content or works, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.
Library-licensed Content and Works
Permission from the publisher will be required in order to include content from library-licensed content and works within an audio recording.
Subscription-based Content
Websites, platforms, and online services that require the creation of accounts, logging in, subscriptions, or the payment of fees, are not publicly accessible online sources of content. The use of content from these websites, platforms, and online services is governed by their Terms of Use or Terms of Service that are agreed to or accepted when accounts are created or subscriptions are initiated. The Terms of Use or Terms of Service will include sections that address intellectual property and permitted uses and these sections will either permit or prohibit the extraction of content for external use. Before including content from such websites, platforms, or online services within an audio recording, please consult the Terms of Use or Terms of Service that you agreed to or accepted.
Social Media
Content from social media platforms (Facebook, Instagram, X, etc.) can be included in an audio recording if you have an account with the respective social media platform. When you created your account, you would have agreed to or accepted the social media platform's Terms of Use or Terms of Service and, by doing so, you would have granted the social media platform and its users some or all of the economic rights to the content that you make available through (share to, post to, upload to, transmit through, store within, etc.) that social media platform. This means that others can make use of your content but it also means that you can make use of their content. At your discretion, and if you have accounts with social media platforms, you can include content from social media platforms within an audio recording. *The username of the account that posted/shared the content, the date that the content was posted/shared, and the name of the social media platform, should be acknowledged by way of an attribution statement, citation, or credit line, when content from social media is included within an audio recording.*
*Attribution Statements in Audio Recordings*
Content from any source should be accompanied by a spoken attribution statement when it is reproduced and included within an audio recording that is intended to be performed in the classroom or uploaded to and streamed through a course site. Attribution statements should acknowledge the authors (artists, photographers, graphic designers, musicians, videographers, etc.) of the content and the sources of the content. Attribution statements can be credit lines or citations (the Copyright Act requires attribution statements but does not prescribe specific citation styles or formats). Attribution statements could introduce or follow the content when it appears in an audio recording or attribution statements could be read aloud at the end of the audio recording - similar to references at the end of an article or credits at the end of a film. Attribution statements should be within the audio recording so that the content within the audio recording can be associated with their authors and sources. The attribution statements should not be within a different document or file even if the document or file and the audio recording have the same name or are available to course instructors and students alongside each other within a course site.
The graphic below illustrates whether and how content from various sources can be included within an audio recording.
If you come across content, from any source, that you would like to include within an audio recording but have questions or concerns as to whether and how that content can be used, please contact the Copyright Advisory Office for assistance: qcopy@queensu.ca.