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:
Important: The 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.
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.
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.
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:
Start to implement good practice in all of your work such as:
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:
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:
See also: Irish Patents Office: "What Is Copyright?"
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.
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 works: Copyright 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
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:
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:
(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.
