What may I do?

What may I do with the material of others, alternatively what may someone else do with my material? 

What may I not do with a work without the consent of the copyright holder (holder of the exploitation rights)?

Reproduce and communicate to the public (Exploitation rights).

You may need to ask permission from the copyright holder to re-use or to digitise material (beyond the usage possibilities given to you by the law). 
See examples of permission requests.

What may I do with a work without the consent of the copyright holder?

To make sure that information can be distributed, the Copyright Act defines a number of exceptions where the author's copyrights are limited (the so-called legal limitations). The most important limitations are laid down in Article 15 and Article 16 of the Copyright Act. In these cases material may be used without the consent of the author. Sometimes the user must pay equitable remuneration to the author, for example, when a work is used in a reader. In higher education this is collectively arranged via the reader agreement.
Scientific material may be used without permission for:

  • performing and carrying out education, provided this serves a scientific purpose;
  • quoting from a work;
  • using a part thereof for educational purposes (see also readers);
  • copying for private practice, study or use;
  • making available by means of a restricted network a work that is part of collections of libraries open to the public;
  • reproducing a work for the sole purpose of restoring the copy of the work and preserving it for the institution so that it can be consulted if the technology affording access to the work falls into disuse and there is a threat of deterioration.

All this may be done only if the source is indicated, with the original author as stated on the work used.

May I make alterations or additions to an article of another person?

Editing or adapting an article is a form of reproduction, and this right is reserved to the copyright holder. The answer is no, unless the alteration or addition is of such a nature that the moral rights of the author are not infringed, and thus brings no discredit to the author.

May I, as an ITC employee, make alterations or additions to an article to which ITC holds the exploitation rights?

Yes, editing or adapting an article is a form of reproduction, and this right is reserved to the copyright holder, in this case ITC. The alteration or addition must be of such a nature that the moral rights of the author are not infringed, and thus brings no discredit to the author. All this may be done only if the source is indicated, with the original author as stated on the work used.

Copyright before I came to ITC and after I have left ITC

The moral rights always remain with the creator/author/maker and the exploitation rights remain with the employer.

What is quotation?

You may use short quotations, without first requesting permission, for example, in an article, thesis, essay, review or scientific treatise, provided the source and name of the writer are indicated. With regard to education publications, the scientific treatise is the most obvious context. This applies only to quotations from works already published, otherwise you do indeed require the consent of the author first. When quoting, it is always important that the quotation is relevant and constitutes only a small part of the whole. The quotation, citation, must be linked with the context in which it is placed and be considered a material part of the whole. There is only reference to a quotation in the case of subordination: the function of the quotation is to serve the content and the quotation is relatively small in size compared with the context. The boundaries of a quotation are in line with the central issue quoted or even coordinate and equivalent to the text in which the citation occurs. (Article 15a of the Copyright Act).

What is plagiarism?

Plagiarism is understood as imitating a work or style of another person with the intent to pass it off as one's own creation. A person who commits plagiarism copies the work of another and presents it as his/her own work. Plagiarism is not allowed.

May I scan a paper article of someone else and store it in my computer?

If you are:

  • a private person: Yes, but only for private practice, study or use.
  • employed in a library: Yes, but only on the order of the person that wishes to use the copy for private practice, study or use. The author's consent is necessary for wider distribution of a scanned article.
  • an educational institution: No, unless the institution is the copyright holder.

Readers: using copyright material in education publications

Article 16 of the Copyright Act states that using (parts of) works protected by copyright in publications, programs, or sound or visual recordings is allowed, provided these are made for explanatory purposes within education. Accordingly, their purpose must be to supplement and not to replace. As with quotation rights, conditions are attached to this form of use Annex 1. In addition, an equitable remuneration for using work in education publications must be paid to the author or his/her successors in title.

A reader is a compilation of educational material in which one or more (short) parts of works protected by copyright have been incorporated. The reader agreement applies to the compiling, reproducing and making available of education publications, within the meaning of Article 16 of the Copyright Act, which are produced under the responsibility of one or more members of the scientific personnel of a university and are to be used for explanatory purposes in the education provided within the university, in as far as parts of material protected by copyright have been used.

Short pieces and short works may be used in education publications without the prior permission of the copyright holders. However, ITC should report any such use to the PRO Foundation. In brief, a short piece is:

  • not more than 10,000 words from a non-literary book and not more than one third of the original work.
  • in the case of periodicals a maximum of 8,000 words and not more than one third of the original work.

If one wishes to use a piece that does not fall under the definition of a short piece, then it is a case of a non-short piece and ITC should request prior permission from the PRO Foundation. The majority of publishing companies have given PRO a mandate to handle, within stipulated norms, requests for permission. In cases where PRO has no mandate, the form is immediately sent on to the publisher concerned without charge.

PRO has an online application form that can be used to request permission. Stichting PRO wants to receive a reference copy of every reader including longer works or longer sections of works, with a statement regarding the number of copies and proof of permission having been granted. You must arrange this yourself as this is not centrally regulated. In the case of publication via BlackBoard or other electronic learning environments, you do not need to send anything.

In the case of the inclusion of longer works or longer sections of works, you will receive an invoice on the basis of the applicable rates for inclusion (rates document in Dutch).

What is the Copyright etiquette?

  • the work from which an extract is taken should be lawfully communicated to the public.
  • the use of work should be in conformity with what is acceptable according to social custom. That is to say, with regard to the work the interests protected by copyright of the copyright holder should suffer no material impairment.
  • the provisions of Article 25 of the Copyright Act (moral rights) must be observed.
  • the provisions of Article 15a of the Copyright Act concerning the identification of source must be observed. That is to say, both the source and the author, if the latter appears in the source, must be clearly indicated.
  • an equitable remuneration must be paid to the author or his/her successors in title. 

Is my Dutch copyright applicable in e.g. Ghana?

The Berne Convention provided that each contracting state would recognize as copyrighted works created by nationals of other contracting states. The convention requires its signatories to protect the copyright on works of authors from other signatory countries in the same way it protects the copyright of its own nationals.

As of November 2005 there are 160 countries which are parties to the Berne Convention. The convention has entered into force for 159 of those countries, and will come into force for Nepal on January 11, 2006. A full list of parties to the convention is available, sorted by country name. 
http://en.wikipedia.org/wiki/List_of_countries_party_to_the_Berne_Convention_by_name 

Interesting Facts

  1. ... you may make copies of publications that you need for private practice, study or use. This applies to both paper and digital copies.
  2. ... you are not allowed to copy a whole book. The exception that you may copy without the permission of the author applies only to short articles and small parts of books.
  3. ... you may link to publications of others on your web site, indicating the source, as long as the article concerned does not appear on your own page. This also applies within Blackboard.
  4. ... you may use articles of others for non-commercial educational purposes without permission, but then you must pay remuneration to the author.
  5. ... you may quote from articles of others without permission, but indicating the source, in an announcement, polemic, criticism, scientific treatise or a statement with a similar purpose.
  6. ... authorized users of scientific databases from commercial publishers available, through a license, on the ITC network, are not allowed to transmit digital articles outside ITC. You are only allowed to provide the link to the article.

 

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

Dutch Copyright Act 1912 - Article 15 

  1. It shall not be deemed an infringement of copyright to take over news reports, miscellaneous reports or articles concerning current economic, political or religious topics that have appeared in a daily or weekly newspaper or weekly or other periodical or works of the same nature that have been broadcast in a radio or television programme, if:
    1. the taking over is effected by a daily or weekly newspaper or weekly or other periodical in a radio or television broadcast;
    2. the provisions of article 25 have been taken into account;
    3. the source is clearly indicated, together with the indication of the author if it appears in the source; and
    4. copyright is not explicitly reserved.
  2. In the case of periodicals, a generally worded reservation placed at the head of each issue shall also be deemed an explicit reservation as referred to in paragraph 1 sub 4°.
  3. A reservation as referred to in paragraph 1 sub 4° . cannot be made in respect of news reports and miscellaneous reports.
  4. The provisions of this article shall also apply where the taking over is in a language other than the original.

Dutch Copyright Act 1912 - Article 15a 

  1. The following shall not be deemed an infringement of copyright in a literary, scientific or artistic work:
    1. the taking over of parts of works in publications or sound or visual recordings made for use as illustrations for teaching purposes, provided:
      1. the work from which was taken over has been lawfully communicated to the public;
      2. the taking over is in conformity with that which may be reasonably accepted in accordance with social custom;
      3. the provisions of article 25 have been taken into account;
      4. the source is clearly indicated, together with the indication of the author if it appears in the source; and
      5. an equitable remuneration be paid to the author or his successors in title;
    2. communication to the public of parts of works by broadcasting a radio or television programme made to serve as an illustration for teaching purposes, provided:
      1. the work from which is taken over has been lawfully communicated to the public;
      2. the communication to the public is in conformity with that which may be reasonably accepted in accordance with social custom;
      3. the provisions of article 25 have been taken into account;
      4. the source is clearly indicated, together with the indication of the author if it appears in the source; and
      5. an equitable remuneration be paid to the author or his successors in title.
  2. In the case of a short work or a work as referred to in article 10, paragraph 1, sub 6° ., 9° . or 11° ., the entire work may be taken over for the same purpose and subject to the same conditions.
  3. Where the taking over in a compilation is concerned, only short works or short passages of works by one and the same author may be taken over and, in the case of works referred to in article 10, paragraph 1, sub 6° ., 9° . or 11° ., only a small number of those works and only if they are reproduced in such a way that they differ considerably in size or process of manufacture from the original work, with the proviso that where two or more such works were communicated to the public together, the reproduction of only one of them shall be permitted.
  4. The provisions of this article shall also apply where the reproduction is in a language other than the original.
  5. We reserve the right to lay down rules by order in council concerning the equitable remuneration to be paid in accordance with paragraph 1 sub a, 5° . and sub b, 5° ., and also to determine, by order in council, what is to be understood in paragraph 3 by "short works or short passages of works".

Dutch Copyright Act 1912 - Article 16 

  1. The following shall not be deemed an infringement of copyright in a literary, scientific or artistic work:
    1. the taking over of parts of works in publications or sound or visual recordings made for use as illustrations for teaching purposes, provided:
      1. the work from which was taken over has been lawfully communicated to the public;
      2. the taking over is in conformity with that which may be reasonably accepted in accordance with social custom;
      3. the provisions of article 25 have been taken into account;
      4. the source is clearly indicated, together with the indication of the author if it appears in the source; and
      5. an equitable remuneration be paid to the author or his successors in title;
    2. communication to the public of parts of works by broadcasting a radio or television programme made to serve as an illustration for teaching purposes, provided:
      1. the work from which is taken over has been lawfully communicated to the public;
      2. the communication to the public is in conformity with that which may be reasonably accepted in accordance with social custom;
      3. the provisions of article 25 have been taken into account;
      4. the source is clearly indicated, together with the indication of the author if it appears in the source; and
      5. an equitable remuneration be paid to the author or his successors in title.
  2. In the case of a short work or a work as referred to in article 10, paragraph 1, sub 6° ., 9° . or 11° ., the entire work may be taken over for the same purpose and subject to the same conditions.
  3. Where the taking over in a compilation is concerned, only short works or short passages of works by one and the same author may be taken over and, in the case of works referred to in article 10, paragraph 1, sub 6° ., 9° . or 11° ., only a small number of those works and only if they are reproduced in such a way that they differ considerably in size or process of manufacture from the original work, with the proviso that where two or more such works were communicated to the public together, the reproduction of only one of them shall be permitted.
  4. The provisions of this article shall also apply where the reproduction is in a language other than the original.
  5. We reserve the right to lay down rules by order in council concerning the equitable remuneration to be paid in accordance with paragraph 1 sub a, 5° . and sub b, 5° ., and also to determine, by order in council, what is to be understood in paragraph 3 by "short works or short passages of works".

Dutch Copyright Act 1912 - Article 25

Even after assignment of his copyright, the author of a work has the following rights:

  • the right to oppose the communication to the public of the work without acknowledgement of his name or other indication as author, unless such opposition would be unreasonable;
  • the right to oppose the communication to the public of the work under a name other than his own, and any alteration in the name of the work or the indication of the author, in so far as it appears on or in the work or has been communicated to the public in connection with the work;
  • the right to oppose any other alteration of the work, unless the nature of the alteration is such that opposition would be unreasonable;
  • the right to oppose any distortion, mutilation or other impairment of the work that could be prejudicial to the name or reputation of the author or to his dignity as such.


After: http://www.wipo.int/wipolex/en/text.jsp?file_id=128941