Copyright and Fair Dealing applies to the videos, images, audio, and recordings used and created by instructors. Please explore the following sections to determine whether you are using media appropriately inside and outside of class: 

Films & Video

Images

Audio (sound recordings)

Films are available through the Library's collections, both physically and digitally. 

Physical Films & Video

Members of the VIU community (students, staff, and faculty) are permitted to show DVDs and videos on campus without permission or Public Performance Rights, provided:

• The performance is for educational or training purposes
• The performance is not for profit
• The audience consists primarily of VIU's students, staff, and faculty
• The copy is legally acquired

For non-educational uses of media on campus, please refer to our Administrative & Staff Copyright > VIU Events page.

Copyright Act, Section 29.5(d)

Digital Films & Video

Commercial streaming services such as Netflix, Crave, etc. are for individual users, who must comply with the site's Terms of Use. For example, you wouldn’t be able to show a Netflix film to students in the classroom. Outside of the classroom, if students are individual subscribers of a streaming service, then they would be able to watch a film independently with their own accounts. However, some students may not have access to those services and streaming services may have different content available in various countries.

If you want to show your students a video from the internet for an educational or training purpose, then you may show the video as long as:

• The video is available through the internet
• You did not break or circumvent a technological protection measure (digital lock) that restricts access to the work or to the internet site
• There is no clearly visible notice (not merely the copyright symbol) on the website or on the video itself that prohibits the use or reproduction of the video
• You do not suspect that the video was posted without the consent of the owner of the video
• You identify the source of the work and, if available and applicable, the author, performer, maker, or broadcaster of the work

Copyright Act, Sections 29.5 and 41

What can you do if you have a scheduled screening for a film that is not available online and your course is online-only?

Please contact the Copyright Office to find out what may (or may not) be possible. 

The Library may be able to convert content on a DVD to streaming video for required (not supplemental or optional) course content. Please contact the Copyright Office for more information on the service and copyright law requirements. Depending on the time of year, there may be higher volumes of conversion requests; instructors are encouraged to submit requests well in advance of scheduled student viewing to ensure time for vetting and recording the content.

Films for non-educational purposes

If you want to show a film or video for entertainment purposes (including fundraisers, film festivals, club activities, etc.), then you would be required to obtain a license. Contact Criterion Pictures and Audio Cine Films to find out more about public performance licenses for their collections.

Please note that Library-licensed videos, many Internet videos, and other videos such as physical DVDs do not allow public performance for entertainment purposes.

Please contact the Copyright Office if you are unsure if your intended use is for educational or entertainment purposes.

Images, including photographs, paintings, tables, graphs, figures, maps, screenshots, drawings, digital art, etc., are protected by the Copyright Act from the moment they are captured in a fixed form. Ensure you have the right to use and display these images in your lectures and course materials. Many famous works of art are protected by museums and other institutions (who are the copyright owners); make sure to check the website of the institution or copyright holder to determine appropriate use. 

Note: just because an image is available online, does not mean you are permitted to copy and use it in your slides or other course materials. 

You are able to use images in your work, as long as it meets on one these criteria: 

• You are the copyright owner of the work
• You have received permission from the copyright owner
• The material is in the public domain
• The material is licensed for such use (e.g., Library license) or has a permissive license (e.g., Creative Commons License)
• You have conducted a Fair Dealing analysis and are able to use the work under Fair Dealing

Please ensure you also ensure that the following is in order:

• You did not break or circumvent a technological protection measure (digital lock) that restricts access to the work or to the internet site
• There is no clearly visible notice, copyright symbol, or watermark on the website or on the image itself that prohibits the use or reproduction of the image
• You do not suspect that the image was posted without the consent of the owner of the image or the models within the image (if people are present)
• You identify the source of the work and, if available and applicable, the author, performer, maker, or broadcaster of the work

Copyright Act, Sections 29.5 and 41

To learn more, check out UBC's Image Source site to explore free images you can use for your courses and research. 

To find images in public domain or under a permissive license, explore these sites and databases: 

The Library has both streaming and physical audio recordings that are licensed for use in courses.

Commercial streaming services such as Apple, Spotify, etc. are for individual users, who must comply with their Terms of Use. For example, you wouldn’t be able to play audio from these services to students in the classroom. Outside of the classroom, if students are individual subscribers of a streaming service, then they would be able to listen independently with their own accounts. However, some students may not have access to those services and streaming services may have different content available in various countries.

Sound recordings can be played on campus without permission, provided that:

• The performance is for educational or training purposes
• The audience consists primarily of VIU's students, staff, and faculty
• The performance is not for profit
• The sound recording is legally acquired
• You identify the source of the work and, if available and applicable, the author, performer, maker, or broadcaster of the work

All other uses of sound recordings on VIU premises requires permission and may require a license through SOCAN and/or Re:Sound. Contact the Copyright Office for assistance.

If you are looking for music to make videos or for other uses, these music communities provide music shared under various licenses (always read the license to see if it applies to your use).

Copyright Act, Section 29.5