See Copyright guide

7. Readers - Easy Access

Copyright

Readers arrangement and copyright

Readers arrangement and copyright - the Easy Access regeling

On behalf of the Dutch universities, the VSNU has entered into an arrangement with the Dutch Publishers' Association (Nederlands Uitgeversverbond; NUV) and the International Publishers Rights Organization (IPRO). Through this arrangement, universities can use information with copyrights for educational purposes in a simple manner and with a minimum of administrative burdens. For instance in the course material of readers.

In 2017 a new arrangement was drafted for a period of four years. In addition, re-use of short and long articles is allowed under the new contract (within certain boundaries). Part of the agreement is that thee universities provide insights of the actual usage of articles. The universities are in contact with the PRO foundation about how these measurements best can be set up. Knowledge about the best approach and method are shared.

More information about the reader scheme can be found on the website of PRO.

The VSNU also has an agreement with the Stichting Reprorecht on behalf of universities for the purchase of reprints.

Online information (Dutch only)

Audio visual materials

Recording and downloading of movies from TV or Internet are both types of reproduction (copying). Because of that you need permission from the copyright holder and you must pay a fee.

If you use it in an educational context there is a exception:

"If you want to record or download a film so as to show it in an educational context, you can do so on the basis of two exceptions. Briefly, that exceptions allow you to copy (and show) short works but only parts of long video works. You are also required to make fair payment to the right holder. The right to quote (also an exception) means that you can copy and publish a short section of a video - or all of a short video - in the context of an educational or scientific treatise.

As pointed out at the end of section 1g, a lot of public broadcasting material can now be used in education if the institution concerned has an Academia licence.

There are also video films on the Internet for which the maker (the official term is the 'author') has explicitly given permission for reuse (whether or not commercial). The author may have done so, for example, by means of a 'Creative Commons' licence. You can copy and show such films free of charge. You are normally required to acknowledge the source. (However, you can also play the film from the Internet, so that you do not need to make a copy beforehand.)."

Originally retrieved from the Surf Foundation website.

MAKING A VIDEO

If you make an original video yourself, then you are the copyright holder.

"If you make a video in the course of your employment, or if your employer (i.e. the educational institution where you work) has specifically instructed you to make it, then it is the employer that holds the copyright."

"Photos and films taken or made in a class may show the teacher and students. At the point when the photo or film is made, you need consent - which may or may not be tacit consent - because people may not want to be shown. Once the picture or film has been made, those who appear can only contest publication if they have a 'reasonable interest' in doing so."

"The Personal Data Protection Act also prohibits the use of personal details that reveal someone's race, religion, health, sexual orientation, police record, or membership of a political party or trade union. There is therefore a problem if a classroom photo or film shows someone's race, religion or disability. In such cases, it is safer to get explicit permission for use of the photo or film, set out in a collaborator's statement."

Originally retrieved from the Surf Foundation website.

DIGITAL IMAGE REPOSITORIES AND COPYRIGHTS

In 2008 SURF published a report on digital image repositories and copyrights, subtitled: "An inventory of the use of digital image repositories and advice on the copyright aspects of these repositories : what does a media library do and (when) is this allowed?". The report is available in Dutch only and can be downloaded here.

COPYRIGHT AND YOUTUBE VIDEOS

Here you can find some information how to make sure your YouTube video does not infringe someone else's copyrights.

Blackboard

ADD LINKS IN BB TO ELECTRONIC ARTICLES

If you want to refer to electronic journal articles in BB it is mostly not permitted to add the PDF (if you do you infringe copyright law). What you can/should do is add the link to the article in BB.

This link can be found from ITC's Digital Library web pages: e.g. from our catalogue (Adlib) or from Elsevier Science Direct or from SpringerLink or from any other database.

If you face problems in finding the URL/DOI please contact the library; they can help you to use the proper link.

If you really want to add the full text article to BB please check the publishers list what is allowed and what is not allowed to add full text article to BB or in a reader.

Publisher policies on inclusion of full-text in Blackboard in case that UT has license to the material:

 

Electronic Journals/ Publishers

Pdf allowed in BB

Remarks

AAAS (Science)

yes

ACS Web editions

yes

Annual reviews

yes

Bio One

yes

Blackwell Synergy

yes

Brill online journals

yes

Cambridge journals online

yes

delete immediately after course

DOAJ (Directory of open access journals)

yes

Elsevier

yes

delete immediately after course

Emerald

yes

IEEE Computer Society Digital Library

no

IOS Press

yes

Journal Citation Reports

yes

JSTOR

no

only links permitted

Karger

yes

Kluwer Juridical Information

no

LexisNexis

yes

Liebert Online

yes

LWW online (Lippincott Williams & Wilkins)

yes

Multi-Science

yes

Nature

yes

Oxford University Press

yes

Palgrave (single e-journals)

yes

Psychology & Behavioral Sciences Collection

yes

Royal Society of Chemistry Publishing

yes

SAGE

yes

SC Online

yes

SDU

yes

only links and short parts of content permitted, according to Dutch reader (course pack) rules

Springer

yes

Taylor and Francis via Informaworld

yes

Van Dale lexicografie

no

Wiley-Blackwell

yes

 (All information on this page is correct to the best of our knowledge but should not be relied upon for legal advice)

 The regulations are based on the Dutch Copyright Act and on the Collective Labour Agreement (CAO) of Dutch universities

Research data

A BRIEF GUIDE TO DETERMINING WHAT CONSENT IS NECESSARY TO REUSE SOMEONE ELSE'S RESEARCH DATA

This brief guide can help researchers quickly determine what consent they need in order to reuse someone else's research data. It includes references to the detailed explanations in 'The legal status of raw data: a guide for research practice', 2009. 
It is important to note that this brief guide cannot replace the full legal guide but is meant only as an aid to finding one's way around this document. This brief guide is derived from the schematic overview in the full legal guide.

  • Do you want to make a copy for your own use? 
    You do not need to seek consent for this. 
  • Do you want to input data into your own scientific/scholarly database, without sharing it with anyone other than your own team of researchers? 
    You do not need to seek consent for this. 
    Explanation: Even if the data is protected by copyright or database right, this type of use is one of the permitted exceptions: making a copy for your own use (Section 2.4.5) of a copyright-protected work or retrieving substantial portions of a database in the context of scientific/scholarly research (Section 3.2.5; retrieving non-substantial portions does not require consent in any case: Section 3.2.3). 
  • Do you want to publish some of the data that you are borrowing or to share it with someone other than your own team of researchers? 
    Then you probably need to secure the author's consent. 
  • Check whether copyright applies: 
    Does the research data have an original character of its own and bear the personal stamp of the author? (Tip: Is it conceivable that two different authors, working separately, could have arrived at precisely the same form?) 
    Copyright applies and you need to secure the consent of the author/authors. 
    Explanation: The decisive point is therefore whether the author had freedom of choice in arranging the data in a particular form and whether he did this - deliberately or otherwise - on the basis of personal preference (Section 2.3.2). Even just a selection consisting solely of bare facts may be subject to copyright protection (Section 2.3.3).  
  • Check whether database right applies: 
    Are you dealing with a collection of independent materials (research data)? 
    Is the data collection arranged systematically? 
    Has there been a substantial investment in obtaining, verifying, or presenting the materials? The investment in carrying out the research that generates the data does not count. 
    Database right applies and you need to secure the consent of the author/authors. 
    Explanation: This is explained in detail in Sections 3.1.1., 3.1.2, and 3.1.3.  
  • Do you intend publishing the protected data that you have borrowed in some way, or making it available to other people in some other way? 
    Copyright applies and you need to secure the consent of the author/authors. 
    Explanation: in cases such as this, the law speaks of publication (Section 2.4.2). Other people' s data can only be copied or utilised for the purpose of your own research without the author's consent if it is not published (Section 2.4.2). The proposed use requires the author's consent (Section 4.3). 
  • Are you dealing with the right to cite, works produced by a government body, the all-inclusive form, a selection of bare facts or other types of data (photos etc.)? 
    Then there is a copyright law exception and you do not need to secure consent. 
    Explanation: These exceptions are explained in Sections 2.4, 2.1.2, 2.3.3, and 2.3.4.  
  • Do you intend not only borrowing data from the database for your own research but also publishing it further, for example in a publication, or do you intend sharing your own material (which will then include the data you have borrowed) with other people? 
    Database right applies and you need to secure the consent of the author/authors. 
    Explanation: In cases such as this, the law speaks of reuse. 
  • Do you intend reusing a substantial portion of the database? 
    There are no clear criteria for what constitutes a "substantial" portion. It is necessary to consider the relationship between the reused portion and the database as a whole, as well as the technical and economic value of the reused portion. 
    Explanation: See Section 3.2.3; see also 3.2.8. 
  • Do you intend using a government database? 
    You do not need to seek consent for this. 
    Explanation: Unless provided otherwise, government databases are basically not subject to database right (Section 3.2.6). You do not require the consent of the right holder in order to retrieve substantial portions of a government database in the framework of scientific/scholarly research (Section 3.2.5). 
  • Do you intend borrowing in full or publishing in full a text that has been published (or is intended for publication) but that is not protected by copyright or database right? 
    This is only permitted if you publish it in an altered version. 
    Explanation: See Section 4.

This legal guide was produced for SURFdirect, SURF's digital rights Expertise Community for higher education, by the Centre for Intellectual Property Law (CIER), 2009. This publication is available through the website of SURF: http://www.surf.nl/ and is published under Creative Commons Licence Attribution 3.0 Netherlands.

The brief and the complete guide are available form: 
https://www.surf.nl/en/knowledge-and-innovation/knowledge-base/2009/report-the-legal-status-of-raw-data-a-guide-for-research-practice.html

Joint education

The agreement / business plan of ITC and the partner defines the copyright limitations for the joint education activity. This agreement / business plan is effectively a contract drawn up by ITC in consultation with the partner. The standard (default) copyright limitations specified in the contract should cover the following:

  1. All lecture materials copyright ITC that ITC uses in education at ITC can be provided to a partner and are restricted by the same copyright rules as within ITC.
  2. All other materials that are provided or made accessible to a partner by ITC, are restricted according to the restrictions imposed by the copyright and, where ITC has a license agreement with the publisher or company who "owns" the material, by that license agreement.
  3. ITC must ensure that all copyrights and/or license agreements are indicated on the work being provided or made available.
  4. Partners are not allowed to modify materials provided or made accessible by ITC; partners can supply supplementary material to meet the educational needs of the local situations.
  5. Partners can use materials provided or made accessible by ITC only in the joint course.
  6. Any limitations of use on existing materials that are copyright of the partner and are provided or made accessible by the partner for use by ITC should be specified in the contract / business plan.
  7. Original materials that are prepared by the partners jointly for the purpose of the joint course are copyright of both partners.

For material that is copyright ITC, these standard (default) limitations may be waived or altered at the discretion of (the directorate of) ITC; i.e., ITC may dispose of its copyright as it sees fit.

The regulations are based on the Dutch Copyright Act and on the Collective Labour Agreement (CAO) of Dutch universities

Projects

The contract of ITC and the client defines the copyright (license, patent, etc.) limitations for the products resulting from work carried out under a contract in which ITC carries out project services, consultancy or research. Through the contract there should be clarity about who owns the copyright etc., on the products developed in the project.

When ITC provides as part of its contractual obligations, existing materials it should be made explicit who owns the copyright, including whether it is retained or transferred. Copyright on materials that ITC uses in its regular activities (courses at ITC, joint courses, distance education, research, administration) can not be transferred to the client.

For material that is copyright ITC, these standard (default) limitations may be altered at the discretion of (the directorate of) ITC; i.e., ITC may dispose of its copyright as it sees fit.

The regulations are based on the Dutch Copyright Act and on the Collective Labour Agreement (CAO) of Dutch universities

GOOD PRACTICE EXAMPLE: COPYRIGHTS AND E-LEARNING MATERIALS

Example case: copyrights and e-learning materials
ITC participates through the eduGI project in a network of European universities, all being involved in GI science (see: www.edugi.net/eduGI).

The main aims of the eduGI project are:

  • re-use and sharing of e-learning courses in GI Science education;
  • establishing an organization model for future exploitation.

In the EC-funded pilot phase (February 2007-July 2007), each partner has developed one course (see table below) about a topic that belongs to its core competence, making re-use of existing materials. Each course has been offered once to typically two partner institutes. Main advantages of the project are: efficiency (receiving two courses - free of charge - in return for one saves efforts), quality and access to international GI know-how (each course is designed by domain experts), the set-up creates virtual mobility for teaching staff and students and is in accordance to the Bologna process.

Courses provided in the eduGI project by the various project partners.

eduGI courses offered by GI Science Institutes

Data Acquisition and Integration

University of West Hungary, Faculty of Geoinformatics, Székesfehérvár, Hungary.

GeoSpatial Data Mining

New University of Lisbon, Institute of Statistics and Information Management, Lisbon, Portugal.

Data Quality

Technical University of Vienna, Department of Geoinformation and Cartography, Vienna, Austria.

GI Standards

BW University Munich, Munich, Germany.

Geodata Visualization

International Institute for Geo-Information Science and Earth Observation (ITC), Geo-Information Processing Department, Enschede, the Netherlands.

Project Management

University of Münster , Institute for Geoinformatics, Münster, Germany.

Geographic Data Bases (Advanced)

Harokopio University, Department of Geography, Athens, Greece.

Virtual Excursions in Earth Sciences

Uppsala University, Department of Earth Sciences, Uppsala, Sweden.


After the pilot phase, the course materials are made available on the project's website: www.edugi.net/eduGI, maintained by the University of Münster in Germany for re-use in- and outside the GI-community. In addition, the organizational model for course exchanges is being disseminated, and full course exchange (including teachers) among some of the project partners for three more years is foreseen.

For further details about the eduGI project and ITC' s experiences can be found here: Blok, C.A. (2007), Sharing e-courses with European partners: experiences with 'Geodata Visualization', Proceedings of the XXIII International Cartographic Conference (ICC2007), 4-10 August 2007, Moscow, Russia. 10 pp. on CD-ROM and p. 116 in Abstracts of Papers. (ITC access only)

Copyrights

In the EC-contract the following information can be found about copyrights:

"The e-Learning environment will be open to all GI institutions, which, in exchange, add teaching materials to the e-Learning platform. The use of teaching materials will be without charge; there might be a small fee for the maintenance of the platform. The copyright of teaching materials remains to the providing institution. "

To avoid problems (see BAD PRACTICE !) and time-consuming procedures to ask copyright holder for permission, ITC handled the issue in the following ways:

  • the original teaching materials (used in the pilot course) were adapted before publication on the project home page; main changes include proper mentioning of sources (if applicable) and graphic illustrations that could violate copyrights were either removed or replaced (by an alternative illustration, or only a hyperlink to a website);
  • adapted materials are made available on the project home page; our ZIP-file includes a 'read-me' text with the following contents:"IMPORTANT NOTICE: 
    The intellectual property and copyrights of all the teaching materials of the 'Geodata Visualization' course in (or outside) this ZIP file remain to the providing institution: 
    Faculty of Geo-Information Science and Earth Observation (ITC) of the University of Twente P.O.Box 217 7500 AE Enschede The Netherlands tel.: + 31 (0)53 4874433 fax: + 31 (0)53 4874335. 
    More information about the materials and about a course with full teacher support can be obtained from: ..."
  • we have asked project management to put a similar notice for the materials of all partners together on the project home page.

BAD PRACTICE - A WARNING!

Within the framework of an e-learning project, a lecturer at a European university produced e-learning materials including presentations, and this material was placed online on the website of the project.

The presentation included maps of the commercial on-line Route Planner Map24.

Since commercial providers may use special software (Web crawlers) looking for their copyright-protected materials, this infringement was easily traced. The university to which the lecturer belongs received a claim of 
EUR 50,000 of this commercial publisher to pay for the violation!