The University Library can help with the compilation of a printed reader or one in digital form in Blackboard/Canvas.
Use of copyrighted material for education
University of Twente, December 2017
As of 2017, the Dutch universities (VSNU) and PRO have a new agreement on the use of copyrighted material for educational purposes: the Easy Access agreement. PRO is a non-profit organisation concerned with publication and reproduction rights in The Netherlands. It is estimated that university lecturers make too much unlawful use of copyrighted material. Paper readers have mostly been replaced by digital resources in education. The UT wants its lecturers to become aware of the selection and inclusion of copyrighted materials in their education.
The new agreement doesn’t concern your own unpublished lecture slides or assignments, but materials like book chapters and scientific articles that are shared in a reader or on Blackboard/Canvas.
If you wish to include works of others as part of your teaching material, then the most simple and also safe option is: linking. Simply refer to a publication via a DOI or other hyperlink, instead of uploading a PDF on Blackboard/Canvas or giving students a printed-out copy of a book chapter. That way, you don’t need to worry about the rights, and you don’t have to officially register the material as an excerpt with PRO.
If linking isn’t possible or convenient, check if use of the material is allowed under certain conditions. Examples of this are open-access materials, Creative Commons licenses on the material, or agreements with individual publishers. It can also be worthwhile to see if the material can be purchased and made accessible for students via the University Library.
When none of the methods above are possible and use of the copyrighted material is really necessary, it will probably concern an excerpt (‘overname’). For excerpts, registration and compensation are required. For a limited amount of short excerpts a lump sum has been paid. This entails the use of part of a copyrighted work (e.g. a book chapter), as long as it’s fewer than 50 pages and at most 25% of the entire work. There is also a maximum of 25 images, figures and tables from the same original work, and these count as half a page each. For longer excerpts, registration, a higher compensation, and explicit permission from PRO are required.
To help us get insight in the current situation for our university, please complete this short questionnaire: http://bit.do/UTreaders (±10 minutes)
For assistance in the process of selecting educational material, see the flowchart, or contact the InfoPoint Readers or the Information Specialist of your faculty. For more in-depth information on this subject, visit our website on copyright.
On the website of PRO you can find some FAQ (in Dutch).
These concern the reuse of digital material for educational purposes, typically in a digital learning environment (DLE) like Blackboard or Canvas.
Linking to articles or e-books
The best option by far is linking to (legally accessible) material like e-books and scientific articles. This could mean sharing a DOI with students, or linking to articles or e-books in the University Library collection.
You may need to specify which parts of the source you want students to use if you link to the full text, but linking to only specific book chapters, for example, is often possible (DOI example).
Sometimes publishers specify special rules for downloading or printing e-books.
Consult with InfoPoint Readers.
Open Access publication
If an online publication is Open Access, it may be included in its entirety in a printed or digital reader without fear of prosecution. If a publication is Open Access, it’s typically mentioned on the title page or the publisher’s website.
Creative Commons licenses
A lot of online (educational) resources have been made available for use under certain conditions because of a Creative Commons (CC) license. If you find, for example, a video on Vimeo licensed CC BY-NC-SA, it means you can use the video for non-commercial (NC) purposes, and even edit and redistribute it, as long as you credit the makers (BY) and use the same license (Share Alike) for any new uses of the work.
A lot of CC licensed material can be found online, for example via CC Search, or their page on finding Open Educational Resources (OERs).
You can also use Pixabay, Pexels or Pics4Learning to search for licensed pictures. Google Images or Flickr can be used as well to explicitly look for such images. Via Wikimedia Commons you can find images, video and audio that, depending on the license used, can also be used as educational resources.
These licenses can also very easily be applied by you, if you want to share material that you made (of which you are also the copyright holder).
Journal articles from certain publishers may be included in their entirety in a printed or digital reader. You can check publisher’s policy in the publishers list.
Note: A publisher’s policy can change. Check regularly whether inclusion is still permitted, to prevent violation of the rules!
Inclusion of short excerpts
If the aforementioned methods are not an option, you can include so-called ‘short excerpts’ of the copyrighted material. With the Easy Access agreement, all Dutch Universities have paid a lump sum for a finite amount of short excerpts, so registration (and possibly additional compensation) is required. If you want to place parts of texts on Blackboard/Canvas it counts as a ‘short excerpt’ if it meets the following conditions:
- From a book: a maximum of 10,000 words, but not more than one third of the work;
- From a journal: a maximum of 8,000 words
- From a literary work: a maximum of 2,500 words of prose or 100 lines of poetry;
- Graphs, tables, diagrams, photographs and illustrations count for 200 words. A maximum of 25 of these ‘units’ can be used from one original work.
Included in the Easy Access agreement are so-called ‘medium excerpts’. These are longer than short excerpts (see above), but less than 50 pages and at most 25% of the full book or journal. The same rules on registration (and possibly additional compensation) apply as with short excerpts.
If you want to include ‘other excerpts’ (i.e. not short or medium; previously known as ‘long excerpts’) as educational material, then explicit permission from PRO is required, as well as additional compensation.
Cost table PRO (in Dutch)
The full new Easy Access agreement can be found here.
Note: It is often possible to purchase an e-book version of a book. If the work can be purchased by the University and be made accessible to students via a link, this is usually the easier (and sometimes cheaper) option.
Referencing and permission
Based on a similar flowchart by Utrecht University (2016)
The rules for printed educational resources, like in readers, are the same as the rules for digital resources (see above).
Because linking (i.e. providing students with a link to accessible online material) is often the easiest and cheapest option, and most material nowadays is electronically available, paper readers can be regarded as a less preferable option. One consideration in support of printed readers, however, is that the additional costs associated with longer excerpts can be partly or completely recouped from students that want to buy the reader.
Keep an eye on the maximum permitted length!
In the rules for short extracts, the maximum number of words that may be included are specified.
Rough guide: an average page from a book contains a maximum of 400 words. When about 25 pages of non-literary work are used, you are approaching the maximum permitted limit of 10.000 words.
For journals and other periodicals, it is not possible to indicate an average. The use of columns considerably increases the amount of words per page. The maximum limit of 8000 words is sometimes reached in just 10 pages.
There are a number of methods available for calculating the number of words in digital files. For example, in Word, under Tools, Word Count. On Word Count Tool you can find a tool for use with PDF documents. However, this does not work with so-called picture-PDF. In these cases, you will have to calculate the average number of words per line and the average number of lines per page and from there, the average number of words.
All words must be counted!
If you have extracts in a reader which contain non-relevant pages or paragraphs (for example, because they are copied together with the relevant text) then those words must also be included in the total. Even if the non-relevant parts have been crossed out they must be included if they remain visible in any way.
Headings, footnotes and notes must be counted too.
Images, graphs, tables and figures
Note that for short excerpts, any image, graph, table or figure from a work counts as 200 words. For medium excerpts, often consisting of pages with both text and images, any kind of figure counts as half a page. For both these kinds of excerpts, the upper limit of 25 figures from one original source applies.
(Partially taken from the University Library Leiden, with their kind permission)
For all of your questions about readers and the use of texts, images, film and audio fragments in education you can use the Info point Readers. This is located at the University Library’s information counter (InfoUB), which is in the Vrijhof.
The Library offers the following services:
- Free advice about and check on readers (what is allowed and what is not?)
- Retrieve the required articles/books (Loan and/or purchase charges are levied)
Contact details Info point Readers:
Telephone: +31 (0)53 489 2777
Library service counter Vrijhof
Building: Vrijhof (building no. 47 on Map UT campus)
Info point Readers
7500 AE Enschede