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Copyright FAQ's

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  1. When do I need copyright clearance?
  2. Can I place a published article written by myself on WebCT?
  3. If I use the material as part of an assessment is it exempt?
  4. Can I include quotes without permission?
  5. Can I place an abstract from a journal as part of my course materials on WebCT?
  6. Some of the journals are available electronically, could we just download and put them on a web site?
  7. Do I need copyright clearance to use slides and video in my site?
  8. Can I incorporate other web based materials into my WebCT module?
  9. How long does it take to get copyright clearance and how do I get it?
  10. Are there any fees involved?
  11. Can I link to my online reading list from WebCT?

  1. Whether it is text, a photo or a diagram etc. you will always need copyright clearance to place work in WebCT unless:

    - you are the copyright holder

    (the item must be your own original work and you must have retained the rights to use the work).

    - Leeds Met is the copyright holder

    (any work produced by employees during the course of their normal employment with be the property of the employer. It would be good practice however, to ask permission of colleagues before you use their work)

    - the item is out of copyright
    - the item is in the public domain or copyright has been waived for this particular purpose

    Permission is also required to adapt material produced by someone else.

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  2. If your article has been published you may not have retained the rights to the work. Check your publishing contract to find out whether you have assigned the rights to the article to the publisher. In many cases the publisher may hold the rights to print copies of the work but if you have retained the electronic rights, you will be able to "publish" the article yourself on WebCT (provided you re-key rather than copy from the published article!).

    If the publisher does hold all the rights to the article, permission needs to be sought before any reproduction of the work.

    Alternatively, the article may be added to and altered to such an extent that in effect it becomes a new work and you would then hold the full rights to this new version.

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  3. The Copyright Designs and Patents Act 1988 makes an exemption for copying for the purposes of examination by way of setting the questions, communicating the questions to the candidates or answering the questions (except printed music for the purposes of performance in an exam).

    This exemption applies to closed examinations rather than continuous assessment.

    It is permissible to make items available through WebCT for examination purposes provided that access is restricted to a closed group (i.e. the candidates, tutor and examiner) and that the material is not subsequently used for any other purpose.

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  4. Quotations may be copied from any type of work under the exemption of fair dealing provided it is for the purposes of criticism or review, not simply to illustrate a point in your teaching.

    The Library Association indicates that making multiple copies for publication for this purpose is allowed. Placing material on a web site is another form of publication.

    An acceptable scenario would be a lecturer writing a paper on his chosen topic, which includes quotations from the work of one author used whilst criticizing or reviewing the work of another. This paper is then used as part of the lecturer's online course materials in WebCT.

    It is not acceptable to remove the quotation from its context of criticism/review before placing it on WebCT.

    Any quotations used fairly for criticism/review need to be re-typed, and approximately no longer than 400 words (or, if several extracts from the same source, 300 words each amounting to no more than 800 words) with sufficient acknowledgement to the source.

    It can be argued that quotations of small amounts of text may be used for illustrative or teaching purposes provided they are an 'insubstantial' amount of the whole work. However, this amount is subjective and has to be fair to the rights owner. For example, quoting a few sentences of a mystery novel may be insubstantial in length, but if that sentence reveals the plot, it would constitute a significant part of the work. Therefore, if a quote is insubstantial in quality as well as quantity, is it worth quoting at all?

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  5. Yes, providing that the abstract indicates the contents of an article of a scientific or technical nature, you are free to place that abstract on the web or in WebCT. This does not apply to abstracts for journal articles in the humanities or other non-scientific/technical subjects.

    The abstracts should be re-keyed to avoid infringing the publisher's typographical copyright.

    Beware of writing your own abstract because if too detailed or informative, it may infringe the copyright of the full article.

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  6. This would depend on the licensing conditions associated with the electronic journals. Access to electronic journals is password protected and restricted to registered users for a subscription fee. To further network any material taken from these sources usually requires permission.

    Some publishers may be flexible in allowing such usage provided that the material is placed in a secure environment and only accessed by members of the subscribing institution, e.g. electronic journals via EBSCO.

    Alternatively, you may provide a link to the log-in page of the journals service you wish to recommend.

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  7. Usually yes, unless:

    - you are the copyright holder
    - Leeds Met is the copyright holder
    - the item is out of copyright, in the public domain, or copyright waived

    It may be possible to include video clips as part of your WebCT module either with permission from the rights holder (for purchased recordings) or under the Educational Recording Agency (ERA) licence (for terrestrial TV off-air recordings).
    Digital recordings are subject to the same terms and conditions as analogue recordings. Recordings and copies of recordings may be made and stored in digital form but only for the educational purposes of licensed educational establishments.

    ERA cannot license activities beyond the recording, playing back and
    copying of broadcast material for educational purposes. Clips cannot be shown to a public audience or for entertainment purposes. Compilations of clips should not be subject to any adaptation or alteration, such as separation of the images from the soundtrack, or a substitution of commentary.

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  8. It would be an infringement to cut and paste information into your site from another site without seeking permission.

    It is possible to link to the home page of other web-based materials without permission. However, if the link is to within a site, bypassing the home page, permission should be obtained to avoid accusations of "passing off" someone else's material as your own.

    In addition it should always be clear when you are moving to an external site. It is recommended that when doing this, a separate browser window is opened, to avoid any possibility of infringement.

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  9. How long it will take to obtain clearance will vary, depending on the response time of the copyright holder. Some publishers are wary of granting permission for the use of their material in an electronic environment (because of issues of security and potential loss of income).

    Generally allow three months. However, illustrations may take longer to clear than text.

    Leeds Metropolitan University has signed licences with HERON (Higher Education Resources ON-demand) and the Copyright Licensing Agency. HERON aims to provide a complete service for the clearance and digitisation of material.
    Requests can be made via Leeds Met's Copyright Clearance Service, based in Beckett Park Learning Centre.

    The Copyright Clearance Service will submit your requests to HERON, who will seek permission on your behalf, and then digitise the material once clearance has been granted and accepted. The digitised material is then delivered to Leeds Met in Adobe PDF format.

    Contact:
    Rachel Clark in the Copyright Clearance Service, Beckett Park Learning Centre, either by email (r.a.clark@leedsmet.ac.uk) or by telephone (ext. 7472). An application form can be provided for your request.

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  10. Yes, all digitised material received from HERON will incur a usage fee.

    This fee comprises of the copyright fee (set by the rights holders), digitisation fee, an administration charge from HERON, and VAT.

    You will not be charged unless you accept the fee and agree to receive the digitised material. The fee will probably be a one-off charge, covering a set time period e.g. one semester, and once this period is over the material must be withdrawn and new clearance sought.

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  11. Yes, one of the institutional links on the front page of your WebCT module will take you to the Online Reading List search within Webcat, the Learning Centre catalogue.

    By entering the course or module details, you and your students will be able to access your recommended reading list, with full details of location and availability. This list can also contain live links to any external web-sites.

    Documentation will soon be available with instructions on creating a direct link between WebCT and your specific module reading list, bypassing the Reading List search page.

    For further information about making your reading list available online, contact your Learning Adviser, or access the Learning Centre Online (for information and a reading list template, look under Support for…- Staff- Learning Centre Services for Teaching and Learning).

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