Copyright

As a University of Twente researcher, teacher or student, you will inevitably have to deal with copyrights. You might be infringing copyrights of other people’s work or transferring copyrights of your own work without realizing it, so carefully read the information below.

What are copyrights?

Copyrights consist of moral rights and exploitation rights. Moral rights inseparably belong to the creator of a work, who should always get acknowledged when someone else uses the work, and who may object to modifications of the work that could damage his or her reputation. Exploitation rights are transferrable, and concern the right to reuse a work and to communicate it to the public.

Copyrights do not apply to general theories, facts or ideas, but to expressions of the creator’s ideas, thoughts or feelings, with an original character of their own and a personal stamp of the creator. The expression must be perceivable: When an idea only exists in the creator’s head, so to speak, copyrights do not apply. They do apply to literary, scientific, and artistic works, such as texts (books, brochures, journals, web texts, etc.), music, drawings, paintings, sculptures, and photographs, but also apps and computer programs.

Am I the copyright holder of my own work?

When you create a work as a University of Twente student, you are the copyright holder as long as the work is an expression of your own ideas, thoughts or feelings, and as long as the work has an original character of its own and your personal stamp. When you created the work with others, you are joint copyright holders. And when the work is an expression of your teacher’s or a company’s ideas, you are not the copyright holder.

When you create a work as a University of Twente teacher or researcher that is in line with the work you were employed for, the University of Twente is the copyright holder of that work. There is one exception: UT authors are the copyright holder of their scientific publications.

The rules and regulations are clear when it concerns scientific publications, but more complex when it concerns teaching materials, inventions and possible patents, and software. Please contact the university’s legal advisors in those cases.

 

 

 

legal advice UT

 

 

 

 

 

Legal advisors

University of Twente

(in Dutch)

 

 

How to abide by copyrights of other people’s work

Abiding by moral rights means that whenever you use other people’s work, you always have to mention the source and the creator of the work you use by referencing. When you do not, you are plagiarizing.

Abiding by exploitation rights means that when you reuse copyrighted work to create your own work and/or communicate it to the public, in print or digitally, you have to ask the copyright holder permission and possibly pay royalties for your intended use.

Most databases of scientific publications allow you to request permission through RightsLink, a service of the Copyright Clearance Center, which provides licences on behalf of publishers. Elsevier’s ScienceDirect database, for example, offers a link ‘Get rights and content’ next to the publication, and the IEEE database offers a link ‘Request permissions’. You can also request permission through CCC’s website.

Exceptions: You are allowed to use someone else’s work in these situations

1.

For your own, personal study and for research, you are allowed to make a (printed or digital) copy of copyrighted work, as long as you do not share it with others.

2.

When the work has a licence, for example a Creative Commons licence, then the copyright holder has already given permission in advance, provided you abide by the licence terms.

Creative Commons (CC) offers six licences for online works. Works with a CC BY or a CC BY-SA licence (the two most permissive CC licences) are free cultural works: You are allowed to reuse and communicate such works, provided you cite the work, provide a link to the licence, and indicate if changes were made. If you remix, transform, or build upon material with a CC BY-SA licence, you must distribute your contributions under the same licence as the original.

3.

You are allowed to cite or link to copyrighted work, as long as you use it to explain your story and not to replace it, and as long as it only makes up a small portion of your own work. Abide by citing rules and only link to lawfully published materials.

4.

As a University of Twente teacher, you are allowed to use an excerpt of copyrighted materials for educational purposes, as long as it is part of the curriculum and used as an explanation as opposed to a replacement of your message (see Exceptions for teachers below).

5.

You are also allowed to use works of which the copyrights have expired. This is the case when the creator is known and deceased over 70 years ago. This means that you are allowed to reuse and communicate the original works of Shakespeare, Beethoven, Rembrandt, and so on. However, be careful with other people’s derivatives of such works, since their version may be subject to copyrights.

Laws, regulations and decrees issued by the public power, as well as court rulings and administrative decisions, are also free of copyright.

 

 

In all other cases, you need to receive permission and possibly pay royalties to use someone else’s work.

 

ccc

references

 

Creative Commons licences explained

How to reference

 

Exceptions for teachers: Using copyrighted work in readers and on Blackboard

The Reader Agreement, a lump-sum contract between the University of Twente and Stichting PRO (a non-profit organisation for publication and reproduction rights in The Netherlands), allows teachers to use an excerpt of copyrighted work for educational purposes without permission and at no additional cost. The excerpt has to be part of the curriculum and used as an explanation as opposed to a replacement of your message. You also have to abide by citing rules.

The procedure for using copyrighted materials for educational purposes depends on the proportion of the original work you want to use: Do you want to use an excerpt or a substantial part of copyrighted materials?

Using an excerpt of copyrighted materials

According to Stichting PRO, the material you want to use is considered an excerpt when:

It stems from a literary book and consists of up to 10,000 words, unless this makes up more than a third of the entire original work.

It stems from magazines, newspapers or other periodicals with non-literary content and consists of up to 8,000 words, unless this makes up more than a tenth of the entire original work.

It stems from literary writings and consists of up to 100 lines of poetry or 2,500 words of prose, unless this makes up more than a tenth of the entire original work.

It concerns graphs, tables, diagrams, etc., with a maximum of 25 works from the same original publication.

It concerns photos and/or illustrations (counting as 200 words each), with a maximum of 25 works from the same original publication.

 

 

You are only allowed to distribute the excerpt to your students as a class handout or email, in a course reader or in the digital learning environment Blackboard. Please be aware that even if you abide by copyright rules, your students, in turn, might share the educational materials outside of the physical or digital classroom, which would be considered copyright infringement. As a precaution, always mention your name and the University of Twente’s name and logo on your materials, abide by licence terms of other people’s work, preferably link to copyrighted work instead of inserting it in your materials, and always cite other people’s work.

Using a substantial part of copyrighted materials

If you want to distribute a substantial part of copyrighted materials (i.e., more than an excerpt) to your students, either on paper or digitally, you need permission to do so. Additional costs will be charged for the use of such materials, so if possible, link to the materials instead, use copyright-free materials or materials that are licensed for your intended use. You always need to cite other people’s work.

Luckily, you usually do not have to ask the copyright holder for permission yourself. Organizations such as Stichting PRO and Copyright Cleareance Center (CCC) provide licences on behalf of publishers.

 

 

More information about the inclusion of literature in readers and on BlackBoard. For the procedure you should follow to use copyrighted work in your course materials, contact your research group’s secretary office.

How to search for Creative Commons materials that you are allowed to use

The University of Twente’s Digital Learning Resources Portal explains what digital learning resources are (especially Open Educational Resources (OER) and Massive Open Online Courses (MOOCs)), and how to search for them. It also offers tips for students and teachers who are interested in using them.

The Open Professionals Education Network offers an overview of search sites for materials that anyone may reuse and communicate, on the condition that licence terms are met. The site lists general search sites (to search for CC-licensed images, videos and music) as well as education-specific search sites (to search for CC-licensed OERs, open textbooks, MOOCs, etc.).

As a teacher, you can also search for OERs through Creative Commons’ search site OER Commons. Open Education Europa lets you search for European open educational materials, and CCCOER lets you search for American open educational materials.

Whenever you find materials you want to use, please verify that your intended use is indeed allowed according to the licence.

How to protect copyrights of your own work

You can only protect copyrights when you are the copyright holder. Copyrights automatically exist from the moment a work is made, so you do not need to register your work or include a copyright symbol or statement.

Whenever you publish an article, a book (chapter) or a conference paper, you need to upload the author version of your publication to the university repository UTpublications. The author version is the version after peer review, but without the final layout of the publisher. If you belong to the faculty EEMCS, upload your publication to the EEMCS Repository. If you belong to the faculty ITC, upload your publication to the ITC Repository.

When uploading your work to a university repository, you do not need to worry about copyright or costs, because the University Library will perform a copyright check and uploading is free. However, offering Open Access (OA) to your work in UTpublications increases the visibility of your research, and you can only offer OA to your work when you hold the rights to do so. Publishers of subscription-based journals will often ask you to transfer the exploitation rights of your article. Have you done so, then you are probably not allowed to offer OA to your article in UTpublications. If you use a licence to publish instead, then you will still be allowed to offer OA to your article in a university repository.

When you publish OA, your work is given a licence. This is usually a Creative Commons (CC) licence that not only allows others to use your work on your terms, but also protects your own right to reuse and communicate your work in the future. All CC licences require referencing, so the source and the creator should always get acknowledged.

For students

In order to graduate, University of Twente Bachelor and Master students must upload their thesis to the repository UT Student Theses. Theses are in principle openly accessible in UT Student Theses, but restricted access (access is limited and can only be granted on request) and placing an embargo on your thesis (your thesis will become available after a set period of time, with a maximum of six months) are also possible.

As a student, you are the copyright holder of your own thesis. However, when your research was published in a subscription-based journal without a licence to publish, then you may not be allowed to provide OA to your thesis in UT Student Theses. The same applies when your research is part of a bigger project. Please verify your rights before uploading your thesis.

Due to the open nature of UT Student Theses, never include privacy-sensitive information in the abstract or in the document (such as student number, address, and contact information).

More information

For UT teachers

For more information about copyrights in higher education, visit SURF’s website.

For more information about using copyrighted work in your course materials, contact the Info Point Readers or visit the Library service desk in the Vrijhof (building no. 47).

For researchers, teachers and students

For more information about dealing with copyrights, contact your information specialist.

 

 

 

Library, ICT Services & Archive (LISA) has made every attempt to ensure the accuracy and reliability of the information provided on this page. However, the information is provided "as is" without warranty of any kind. LISA does not accept any responsibility or liability for the accuracy, legality, or reliability of the information contained on this page.