[Bcoel] Embedding restricted videos in an open textbook or other OER

[Fields, Erin]

For UBC we say that embedding isn’t infringement as it is not making a copy BUT we also mention in our guides that some content will be uploaded that is covered under copyright and that the person needs to consider the content uploaded when embedded. For example, if the newest superhero flick is on Youtube that would definitely be in contravention of copyright.

From: Bcoel [mailto:bcoel-bounces at mail.bccampus.ca] On Behalf Of Caroline Daniels
Sent: January-24-18 9:17 AM
To: 'Inba Kehoe' <ikehoe at uvic.ca>; 'Lauri Aesoph' <laesoph at bccampus.ca>; 'bcoel' <bcoel at kodos.bccampus.ca>
Subject: Re: [Bcoel] Embedding restricted videos in an open textbook or other OER

Oh now I’m perking up. Anyone else have legal advice like this? The embed has so much more appeal than a link to students!

From: Bcoel [mailto:bcoel-bounces at mail.bccampus.ca] On Behalf Of Inba Kehoe
Sent: Tuesday, January 23, 2018 8:13 PM
To: Lauri Aesoph <laesoph at bccampus.ca<mailto:laesoph at bccampus.ca>>; bcoel <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Subject: Re: [Bcoel] Embedding restricted videos in an open textbook or other OER

Hi Lauri,

We don’t consider embedding a resource as an infringement because we are not making a copy. I had to ask this question quite early on and this is the answer that I received from our General Counsel.

Regards

[email-signature]

Inba Kehoe, B.A Honours, MLS (Toronto), PhD Student (UVic)
Copyright Officer, Scholarly Communication &
Research Repository Librarian
William C. Mearns Centre for Learning - McPherson Library, Room 250
PO Box 1800 STN CSC, Victoria, BC  V8W 3H5 Canada
T 250-472-5017
Fax: 250-721-8215
copyright at uvic.ca<mailto:copyright at uvic.ca>  | http://copyright.uvic.ca<http://copyright.uvic.ca/>
press at uvic.ca<mailto:press at uvic.ca>  |  https://oac.uvic.ca/press
ikehoe at uvic.ca<mailto:ikehoe at uvic.ca>
[cid:image002.png at 01D394F4.A866D940]<https://orcid.org/0000-0002-8255-5303>



From: Bcoel [mailto:bcoel-bounces at kodos.bccampus.ca] On Behalf Of Lauri Aesoph
Sent: Tuesday, January 23, 2018 4:02 PM
To: bcoel <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Subject: [Bcoel] Embedding restricted videos in an open textbook or other OER

Hi Everyone,

Our Open Ed group has a question about the legality of embedding resources that are copyrighted with "all rights reserved" into an open textbook, or other OER. This would be done without obtaining permission from the creator of the resource.

It is our understanding that linking to a "restricted" resource<http://www.michaelgeist.ca/2012/06/warman-v-fournier-copyright/> within an open textbook is permissible (and frequently practiced). However, does anyone know if embedding a a restricted video is also legally allowed?

Thanks,
Lauri

Lauri Aesoph, Manager, Open Education

BCcampus | connect.collaborate.innovate.
250-893-0258 | laesoph at bccampus.ca<mailto:laesoph at bccampus.ca> | Skype lauri.aesoph
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