Code of practice
Staff use of copyrighted material
A code of practice for staff in copyrighted material.
Updated on 14 March 2023
Why do we need a code of practice on copyright?
Most materials used in teaching, learning and research belong to someone. Put simply, the person or persons who create something own the Intellectual Property Rights (any expression of an idea - i.e. inventions; literary and artistic works; designs; symbols, names, and images used in commerce), while the organisations or individuals who publish or distribute them (which means both print and online) own their Copyright.
The University of Dundee has a responsibility to ensure that information and resources used in teaching do not infringe copyright, which extends to all staff. It is common for staff to encounter issues of copyright in the preparation of materials for use in the classroom, in the sharing of published material, in the development of presentations, recording and dissemination of lectures and preparation of research articles, book chapters & doctoral theses. This Code of Practice sets out what is legal and what is illegal in a Higher Education context
How can you support copyright awareness in the curriculum?
It is required that all programmes of study incorporate a session on appropriate use of information in academic study and research at an early stage in the curriculum, covering Copyright issues for students. This session should also cover Referencing and the use of referencing styles, which is addressed in a separate Code of Practice.
What supporting material is available in the area of copyright?
The Library provide a subject guide to copyright. The guide offers practical advice and goes into more detail than is possible in this code of practice.
Additional information on copyright can be found at the following locations;
- Copyright, Designs & Patents Act 1988
- 2014 amendment to Copyright Act for Research, Education, Libraries and Archives
- Jisc guide to intellectual property rights
What are the main issues relating to teaching, learning and research?
Fair dealing
'Fair Dealing' is not a legal process or action, but is a requirement for academic staff, researchers and students to only copy as much of something as they need, and not to infringe the interests of the rightsholder (i.e. to deprive them of sales of their work, or to affect their image or reputation).
Fair Dealing allows you to make a single copy of any copyrighted material, as long as it is for your own private use or for research, and as long as it is only as much as you absolutely need in order to fulfil the purpose of your work. You must, however, always reference such material whenever you use it. Fair dealing does not allow you to make multiple copies of an item for distribution to others (including on personal websites or biogs); for this you will need an Institutional Copyright Licence (which, you'll be glad to know, Dundee University has).
Illustration for instruction
Many of the copyright requirements that affect the commercial environment are subject to exemptions for the educational sector under what is known as 'Illustration for Instruction'. Jisc (2014) state that Copyright legislation permits all types of copyrighted works "to be copied for the sole purpose of illustration for instruction". This means that you are able to use "extracts from films, sound recordings and broadcasts as well as text, music and artistic works to illustrate a teaching point". They go on to say that "the exception is subject to fair dealing so copying is limited to what is required for the purpose and must not impact on the rightsholder", meaning in effect that the use of any material should not interfere with commercial interests - the sales of a book, DVD or other creative work.
Open Access
Many research articles are now being published under Open Access arrangements, meaning that they are available to all via Open Access journals or institutional repositories (i.e. Dundee's Discovery portal). Open Access materials can be copied, shared and hosted on secure VLE pages as long as they are covered by a Creative Commons (CC) Licence - you'll need to check the conditions of the CC licence covering the work before doing this.
What common copyright issues are likely to apply to you?
The table below details the common scenarios where copyright infringement is likely to be an issue in your teaching activities. It is not intended to be exhaustive, but does reflect some of the key issues encountered in the promotion of copyright awareness at Dundee University. If you would like to see anything added to this list of scenarios please contact the author of this document. Future revisions of this Code of Practice will include emerging issues in copyright or areas where more clarity is required.
| Copyright scenario | May I? | Why (not)? |
|---|---|---|
| Uploading pdfs of articles or book chapters to MyDundee (or other VLE) | No | It is illegal to 're-publish' an original chapter or article on a VLE unless specifically permitted by the publisher. |
| Linking out to online articles or book chapters through MyDundee (or other VLE) | Yes | It is okay to refer a student to the original source of a document. |
| Linking out to articles or book chapters through an Library Online Reading and Resource List | Yes | This is the best way to connect students to online material. |
| Uploading pdfs of articles or book chapters to MyDundee (or other VLE) of which you are author or co-author | No | The Copyright resides with the publisher of your work; you may, however, upload a pre-publication version of your work (i.e. a draft or 'author-final proof') to Discovery, the University's Research Repository. You should check what specific rights you signed over to the publisher in your Copyright Transfer Agreement. |
| Uploading pdfs of articles or book chapters to MyDundee (or other VLE) which are from Open Access journals | Yes | If the journal article is covered by a Creative Commons Licence - check first! |
| No | If the journal article is not covered by a Creative Commons Licence - check first! | |
| Scanning a printed article or chapter yourself and circulating it to students | No | If the document isn't available in digitised format you cannot simply create a digital copy for students. |
| Obtaining a digitised copy of a document via the Library Digitisation service | Yes | This is the legal way to obtain digital copies of printed documents. |
| Scanning or photocopying a printed article or chapter of a book for your own use | Yes | Legal under the 'Fair Dealing', exemption. |
|
Scanning or photocopying an entire book or journal issue |
No | Illegal - you are infringing Copyright. You may only copy up to one chapter from a book, one article from an issue of a journal, and no more than 70% of the whole document (unless it's Open Access). |
| Using copyrighted images (including video clips) in a PowerPoint presentation without attributing its source | No | All information used in teaching material, including images, should be referenced to identify its source |
| Using a copyrighted image in a PowerPoint for the purpose of instruction, and then sharing the presentation with a cohort of students via MyDundee or other Virtual Learning Environment | Yes | Under 'Illustration for Instruction', it would be ok to use an image of Mickey Mouse to illustrate a point in a presentation on Disney animation, as long as it's referenced |
| Using a copyrighted image in a PowerPoint for the purpose of making the presentation more attractive | No | This would not count as 'fair dealing' as the image is being used for aesthetic reasons rather than to illustrate a point |
| Using a copyrighted image in a PowerPoint for the purpose of instruction, and then sharing the presentation on a webpage | No | This would not be legal unless you had express written permission from the holder(s) of the copyright for all images used |
| Using copyright-free images in a PowerPoint presentation, whether for sharing or just using in a classroom/lecture situation | Yes | It's always better to use copyright-free images where possible, but note that even 'non-copyright' images are subject to the law on sharing (see above).The Library can advise on accessing copyright-free images for individual disciplines |
| Recording lectures or seminars containing copyrighted material (e.g. image, video, audio) and uploading them to MyDundee or other VLE for a specific cohort of students | Yes | This is acceptable under 'Illustration for Instruction' as long as a) the copyrighted content is referenced and b) is used for instruction rather than to make the presentation more attractive (see above). As before, you should try to use copyright-free images where possible |
| Using any copyrighted material in the preparation and delivery of examination papers | Yes | This is legal under the 'Illustration for Instruction' exemption, but you should only use the minimum amount required and the source should be attributed. |
| Providing access to University of Dundee learning resources (pdfs, online resources) to students or staff in partner institutions | Yes | If students at the partner institution are matriculated with the University of Dundee. |
| No | This isn't allowed if students at the partner institution are not matriculated with the University of Dundee - UK Copyright agreements only cover UK HEls. Many learning resources are licensed for staff and matriculated students of Dundee University only. |
References
Jisc (2014) Exceptions to infringement of copyright. (Accessed: December 14th 2018)