As an academic you may want to photocopy or download material for teaching purposes, and for course packs, e.g. book chapters, journal articles, information or images from the web.
UCD pays for a higher education licence which permits you to make print and digital copies of extracts from printed books / journals for registered UCD students, including distance learners.
This Licence from the Irish Copyright Licensing Agency (ICLA) covers the creation of:
Materials which you, or UCD, are the creators /writers of, and where you hold copyright, may be used freely. Anything else is subject to copyright restrictions.
Remember that copyright for articles which you yourself have written does not necessarily belong to you. The terms of publishing contracts often mean that authors assign rights to their publishers.
You cannot scan from books, journals or other printed material without the permission of publishers. This includes diagrams and illustrations.
Check the catalogue in case the Library already has online access via its journal subscription or e-books collections. If so, use the link to the electronic copy.
For Irish published materials:
Important: Non Irish material cannot be digitised without permission of author/publishers. If the material already exists in a digital format, provide a link to it rather than scanning it.
Teaching staff may make articles from Library e-journal subscriptions and e-book collections available to students by adding links to Blackboard.
Users of e-journals/e-books are subject to the terms of licences negotiated between UCD Library and publishers/suppliers. Articles/chapters may be downloaded only for private study or research and never for commercial purposes.
Material on web sites, although apparently "freely available", is subject to copyright restrictions too. 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.
As a general rule…
Many YouTube clips are placed on the site illegally, without the permission of copyright holders.
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.
Sharing images, including making them available on the UCD Intranet or Blackboard environment is not permitted unless:
It is always important to consider copyright when using video-based material to support teaching and learning.
Lecturers making their own video (of a lecture, for example) might assume that they automatically hold copyright of such material, but there can be pitfalls. Care should be taken not to include material which originates in other sources: diagrams from books, for example, or accompanying music. In order to legally include this type of material, permission to do so must be granted by the relevant copyright holders.
Ireland does not have an education recording licencing (ERA) scheme, or provide access to an offline /off air TV and radio recording service for higher education institutions, and which allows the use of copyrighted material for educational purposes, for example like the UK BoB (Box of Broadcasts) national scheme.
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.
Who owns the work?
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.
How to prove copyright
Retain a paper copy /manuscript of your work, and state on it that you are asserting your ownership rights.
How to state ownership
Place the copyright symbol ©, year of publication and name of copyright owner on your paper manuscript. E.g. 'Copyright © 2014 John Smith'
Some tips to follow:
Performing a literary, dramatic or musical work is permitted, as is playing or showing a sound recording, film, broadcast or cable programme at UCD for the purpose of instruction, as long as the audience is limited to teachers and students, and the event is for non-commercial purposes.
Refer to sections 53-58 of the Act for further information.
For the purposes of examinations copying of copyrighted materials is permitted with the following exceptions:
Music: Original material must be used for performance examinations. Using copies of musical scores/works is not allowed.
Thesis: Materials used in thesis are covered under ‘purposes of examination’ only. However if the thesis is subsequently published normal copyright regulations apply.
The copyright conditions governing digital copies are the same as the copying conditions governing paper publications.
When scanning / uploading print material to UCD’s Blackboard environment or UCD Intranet consider these points:
1. Check if copying /scanning in digital format is allowed. The ICLA has made the following lists available for checking purposes:
2. For Irish published materials, only create a digital copy if UCD already owns the print version
3. Non Irish material cannot be digitised without the copyright holder's permission (author or publishers)
4. If the material already exists in a digital format, provide a link to it rather than scanning it.
5. Remember, you cannot download material from UCD Library’s electronic resources (databases/e-journals/e-books) and upload that material to Blackboard. The majority of these resources are not governed by Irish Copyright Law.
The onus is on the academic to comply with the copyright requirements. Publishers can request access to the University’s Blackboard environment or Intranet to carry out a data collection audit.
If you are seeking to translate a work or portion of a work you must look for copyright permission from the copyright holder (author or publisher). This is because translation is considered to be an adaptation of the original work.
Where translation is being taught unlimited copying of the original material is permitted for instruction or in preparation for instruction.
The information contained within these pages is intended as a general guideline, and an interpretation of current copyright issues. It is not intended and should not be construed as legal advice.
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