Copyright for Web Resources and ELearning

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Do not make copies of electronic resources available as part of your online course. Instead, link ... research . In the
Copyright for Web Resources and ELearning

August 2013

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Key points −

You can copy up to 5% of a printed work within a calendar year for educational purposes.



Do not make copies of electronic resources available as part of your online course. Instead, link to the original.



Always acknowledge its source and the copyright holder where you have made a copy legitimately.

Copyright and Related Rights Act, 2000 Copyright covers any expression of ideas or facts, created and translated to permanent form including: • •

original literary, dramatic, musical and artistic works; electronic items such as computer programs, databases and websites.

The copyright holder, usually the creator of the work (but not necessarily as in many cases an author will have 'assigned' her/his rights to a publisher, for example) has exclusive economic and moral rights which the Copyright and Related Rights Act 2000 i protects. An infringement of these rights includes: • •

Making and/or using illegal copies of a work; Using originals in unauthorised ways e.g. unlicensed access to electronic databases.

Duration of copyright varies accoriding to format: • • •

Original literary, dramatic, musical and artistic works: 70 years from the death of the author. Films: Lifetime of the longest living amongst principal director, author of the screenplay, author of the dialogue, author of the music plus 70 years. Databases: 15 years from the year in which the making of the database was completed or 15 years from the date on which the database was first lawfully reutilised.

So what can I do? You can copy a work if: • • •

Copyright has expired; You own the copyright; The copyright holder has given permission for the work to be copied; 2

• •

Use of the work is governed by a licence granted by the copyright holder or their agent; Your copy, or copies, is/are permitted by an exemption in the Act (see below).

Are there any exemptions? There are a number of educational exemptions under the Act: •

• •

Giving or preparing for instruction where the use is by or on behalf of the person giving or receiving the instruction and with sufficient acknowledgement. There is no quantitative limit but the copying may not be reprographic (i.e. photocopied or scanned). In setting and communicating examination questions to candidates, anything is allowed with the exception of reprographic copying of musical works. Copying must be for educational purposes, with acknowledgement and must be of no more than 5% of a work in any calendar year - where the 5% is an institutional limit. A book or an issue of a journal constitutes a 'work'.

Also, a licensing scheme has been agreed for Irish higher education institutions. The terms include: •

• • •

Permission to make multiple paper copies of licensed works for educational purposes. This includes o distribution to student groups or classes o inclusion in course packs o inclusion by libraries in reserve or short-loan collections. The number of copies is limited to the number of students in a class plus two for each teacher. The extent of such multiple copying is limited to 5% of a book or a chapter (the greater) or one article from any one periodical issue. Certain types of material (music, separately published maps) are excluded, as are certain publishers, and material published in certain countries. Details of exclusions can be found with the licence documentation which resides in the Corporate and Legal Affairs Office ii.

What about copying electronic resources for which the University pays? Use of electronic resources subscribed to by the Library is largely governed by licences. In the vast majority of cases, a current UCD staff or student member can: • •

search and retrieve items; print and/or download individual items for personal use for teaching, learning and research .

In the vast majority of cases, licences do not permit: 3

• • • • •

downloading of the substantial part of a database or the entire contents of a publication (this would include an entire journal issue); multiple copying of items that have been printed out or downloaded; distributing copies; removing any proprietary marking or copyright statement from copy made; using electronic resources for commercial purposes.

Please note: You cannot rely on educational exemptions under the Irish Copyright Act with respect to licensed resources, as the majority of our licences are not governed by Irish law. For copyright queries, please contact [email protected]

i

http://www.irishstatutebook.ie/2000/en/act/pub/0028/index.html

ii

http://www.ucd.ie/corpsec/index.html

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