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National College of Ireland

NCI LIBRARY

Copyright 2020: Copyright & Teaching @ NCI

Copyright, Moodle @NCI , Ownership of materials you have created for teaching

What you can put up on Moodle and remain within the remits of the Copyright Law and Regulations

Non Irish material cannot be digitised without the copyright holder's permission (author or publishers)

 If the material already exists in a digital format, provide a link to it rather than scanning it as this will ensure you are copyright compliant.

Remember, you cannot download material from NCI Library’s electronic resources (databases/e-journals/e-books) and upload that material to Moodle. You can create a link & put this on Moodle for students to access/use. The majority of these resources are not governed by Irish Copyright Law.

Don’t:

  • make material available on individual websites or on the Web;
  • alter, amend or manipulate material in any way;
  • reproduce digital copies onto CD; DVD; USB key or memory stick.

 

ImportantThe onus is on the lecturer, teaching assistant or person who puts materials onto Moodle to comply with the copyright requirements. Publishers can request access to the College's Moodle platform or Intranet to carry out a data collection audit.

  • Only copy up to 5% of a book, or 1 chapter from a book. Don’t copy a summary chapter where it encapsulates the entire work.
  • Only copy up to 5% of a journal volume, or 1 article from a single issue of a journal 
  • Place the material in NCI's  Moodle platform, making it accessible to authorised users only.
  • Only create a digital copy of a graphic or visual work when it is integral to the text being copied.
  • Display full bibliographical citation on the copied work
  • Only create copies for educational and for non-commercial purposes
  • Only store  digital copies for back-up purposes, and not for creating an electronic database/ library/ other information repository

Copyright of your original material is conferred automatically – you don't have to apply or register for it. You are entitled to prevent unauthorised copying of your work but this is difficult to enforce.  Retain a paper copy /manuscript of your work, and state on it that you are asserting your ownership rights. - see section proving copyright & stating ownership.

Proving Copyright/Ownership

The Irish Copyright Act stipulates that the author is the first owner of the work except where a work is made during the course of employment. In this case the employer if first owner, subject to any agreement to the contrary.  Refer to sections 21-23 of the Act for further information.. To prove copyright infringement, a copyright holder must establish a valid copyright and that original material was used illegally. To prove you have a valid copyright, you should if you can produce a copyright certificate or other proof that establishes the date the copyrighted material was created.  Retain a paper copy /manuscript of your work, and state on it that you are asserting your ownership rights. 

 

Faculty may make articles from Library e-journal subscriptions and e-book collections available to students by adding links to Moodle

Users of e-journals/e-books are subject to the terms of licences negotiated between NCi Library and publishers/suppliers. Articles/chapters may be downloaded only for private study or research and never for commercial purposes. 

  • Always provide links to the e-journals and e-books rather than uploading a PDF copy of the item.
  • It is usually not permissible to scan and upload a personal copy of an article to Moodle - whether it’s from a NCI Library subscription, from another institution, or if obtained commercially.
  • If you are making your own published work available on Moodle, make sure you, and not the publisher, hold the copyright before uploading it to Moodle.

The Irish Copyright Act stipulates that the author is the first owner of the work except where a work is made during the course of employment. In this case the employer if first owner, subject to any agreement to the contrary. Refer to sections 21-23 of the Act for further information.

To prove copyright infringement, a copyright holder must establish a valid copyright and that original material was used illegally. To prove you have a valid copyright, you should if you can produce a copyright certificate or other proof that establishes the date the copyrighted material was created.  Retain a paper copy /manuscript of your work, and state on it that you are asserting your ownership rights. 

YouTube - Many YouTube clips are placed on the site illegally, without the permission of copyright holders. 

  • Avoid downloading, streaming or even embedding material from YouTube unless you are sure that you have permission to do so. 
  • If YouTube clips have been added to the site by someone other than the organisation or individual with whom it originated it's likely to have been put there illegally. 
  • The safest way to make third party material on other websites available to students is to give them a link (by e-mail or by adding to the link to Moodle). Students can then click on the link and view the material in question for themselves.

 

All other video/audio materials: If you do not hold the copyright to the video or if you do not have permission to post the video on any medium, including Moodle - do not do so.  

As with written text, images are subject to copyright in their own right. This includes photographs, diagrams and other illustrations, whether from printed or electronic sources like the Internet.

Images: sharing images, including making them available on the NCI Intranet or on Moodle is not allowed unless you are the copyright holder or you have permission of the copyright holder to do so.

 

 

Material on web sites, although apparently "freely available", is subject to copyright regulations.  Websites often give details about what is permissible in terms of linking to and reproducing material from that site. It is usually found in the "terms and conditions" or "copyright" pages or "about us" section of the site. 

Generally: 

  • You can generally link to websites from Moodle
  • Content of websites/pages should not be copied and uploaded to Moodle, including text, images or any other material be copied and pasted without the permission of the website owner. 
  • Link to home pages wherever possible. Note: URLs may change.
  • Inform students of the copyright restrictions of web-based material. Wherever possible, clearly acknowledge the source (listing URL and copyright holders) of any information you use.

Start to implement good practice in all of your work such as:

  • Always provide good copyright information on your work / web page’s  
  • Indicate what can be copied, and for what purposes. 
  • For a ‘work’ that is being continually updated, like a website, use the copyright symbol and also show the period from first publication until the most recent year it was updated  - example 'Copyright © 2019 – 2020’
  • Material you want to protect, and don't want copied, should not be put on a web site.
  • Respect others copyrighted works so they will reciprocate with your work

Copyright Info

Copyright is the legal term which the exclusive and assignable legal right, given to the author/creator/originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

Copyright is a property right and the owner of the work can control the use of the work, subject to certain exemptions.  As copyright is a form of property the right of ownership may be transferred to someone else, such as a publisher.

However, as copyright is a form of property, the right may be transferred to someone else, for example, to a publisher

The owner has the exclusive right to prohibit or authorise others to undertake the following: 

  • copy the work
  • perform the work
  • make the work available to the public through broadcasting or recordings
  • make an adaptation of the work. 

Where an employee in the course of employment creates the work, the employer is the owner of the copyright in the work, unless an agreement to the contrary exists.

 

The Copyright and Related Rights Act, 2000 identifies copyright protection for:  

  • original literary, dramatic, musical and artistic works (traditionally called the “classical” copyrights);
  • film, sound recordings, broadcasts and the typographical arrangement of published editions (often called “related rights”, because they involve the exploitation of “classical” works);
  • computer software and non-original databases (despite their modest credentials as “creative” works) and
  • performances.

See also: Irish Patents Office: "What Is Copyright?"

Copyright and Related Rights (Amendment) Act, 2004

Copyright and Related Rights (Amendment) Act, 2007

Copyright does not protect ideas, concepts, styles, techniques or information. For example, if you write an outline of your idea for a TV show, the outline itself will be protected by copyright. However, another person could write their own script using your general ideas without necessarily infringing copyright. The other person would only be infringing your copyright in the outline if they started copying enough of the way you had, for example, structured your plot.

Some “works” are too small or unoriginal to be protected as copyright works. For example, single words, names, titles, slogans and headlines are unlikely to be protected by copyright – although they may be protected in other ways, for example as trademarks.

‚Äč YEARS

 Book(s), Journals: - Copyright applies during the lifetime & for 70 years after the death of author/creator

 Film: Copyright protection expires 70 years after the last of the following dies, the director, the author of the screenplay, the  author  of the dialogue of the film, or the author of the music composed for use in the film

 Sound recordings: Copyright protection expires 70 years after the sound recording is made or if it is made available to the public then 50  years from the date it was made available to the public

Computer generated worksCopyright protection expires 70 years after the date it is first made available to the public

 

 

YEARS

 

   Broadcast: Copyright protection expires 50 years after the broadcast is first transmitted

  

Photocopying for Faculty, Staff and Researchers

In the course of your work as an academic or researcher you may want to photocopy or download material for teaching purposes, e.g. book chapters, journal articles, information or images from the web.

The Copyright Act permits copying for non commercial research or private study. This is allowed under the fair dealing exemption in Irish law. Although fair dealing has no legal definition, its intention is to facilitate a reasonable balance between the economic interests of the copyright holder and the information needs of the user.

Fair dealing allows copying for personal use (i.e. a single copy) under the following conditions:

  • The copy is for research or private study, criticism or review, reporting current events, or for judicial or parliamentary proceedings.
  • The amount copied will not unreasonably prejudice the interest of the copyright holder.
  • The copy is accompanied by sufficient acknowledgement or reference.
  • The copy must not be re-copied, republished, posted online or multi-copied. 

Provided the above criteria are met, you can copy a “fair” amount of a published work. What is considered fair is not specified, but the following guidelines (from British Copyright Council) are considered reasonable:

  • One complete chapter, or 5% of a book (whichever is greater)
  • One article from any one issue of a journal
  • The whole of a short story or poem not exceeding 10 pages in length from an anthology.

(from Sections 50-51 Copyright Act, 2001).

The information contained within this guide is for general guidelines only, and an interpretation of current copyright issues. It is not intended and should not be construed as legal advice.