Summary
Explanation of copyright in so far as it applies to education. It deals with the exceptions for education, the types of rights covered by copyright, and provides information on plagiarism and portrait rights. Finally, reference is made to useful information that is available within (Copyright Information Centre) and outside Fontys .
Copyright is the right of the creator of a work to be the only person to decide on the exploitation of that work.
The law states1):
“Copyright is the exclusive right of the creator of a literary, scientific or artistic work, or of his successors in title, to publish and reproduce it, subject to the restrictions imposed by law.” (Copyright Act, 1912, § 1, Article 1).
The work on which one can have copyright must meet the following conditions:
Copyright covers three types of rights:
The Copyright Act provides for many exceptions. The most important exceptions in practice are:
Different rules apply to the use of copyright-protected works within education.
The rule of thumb is:
If work protected by copyright is used for educational purposes, falling within the curriculum and not for profit, it may be used under certain conditions without permission. However, an equitable remuneration may be due.
Fontys pays a certain amount each year to various foundations, so that teachers can make limited use of publications for their teaching material. See the section 3.2 for the rules on this.
Fontys has its own Copyright Information Point (AIP) where lecturers and students can go with their questions. Through this portal you can look up information or ask questions and you will find the guideline mentioned in section 3.2.
For the inclusion of copyright-protected texts, images, graphs, etc., certain rules are valid in education.
Fontys has made this flow chart for the inclusion of copyright-protected publications in educational material.
The Fontys Copyright Information Point (AIP) has also drawn up these modified guidelines for the re-use of text, images and sound.
The previously published guidelines for (digital) readers2), presentations and sound and vision are also included.
Here you can also find the guidelines weblectures and linking/embedding e.g. for the self-development of learning materials.
The person who holds the copyright to a work is the original creator who created the work. There is an exception to this in the employer-employee relationship. In principle, the employer holds the copyright on works created by the employee, if the creation of the work is in execution of his position or for the benefit of the employer.
Fontys created this flowchart to easily determine who owns the copyright.
For more information on copyright in higher education, see the website of the SURF Cooperative Society 3).
Article 39 of the Fontys Students' Charter provides information about copyright and intellectual property.
Plagiarism is the taking over of pieces, thoughts and reasoning from others and letting them go for their own work. This concerns copyright infringement. The semblance of intent can be removed by correct acknowledgement of the source. The source can be properly identified by adhering to the APA guidelines.
Within Fontys, this plagiarism guide can be consulted.
The photographer of a photograph has the copyright as the creator of that photograph, but he will have to take into account the portrait right of the person photographed.
Within the portrait right, a distinction is made between the situation in which the photograph was commissioned and the situation in which no commission was given.
A portrait is an image of a person in which the person is recognisable. It doesn't have to be a photo, a drawing, painting or caricature can also be a portrait.
The person portrayed may object to the publication of his portrait for which he has not commissioned it. To this end, he must be able to indicate a reasonable interest, such as a privacy interest or a commercial interest. It is assessed on a case-by-case basis whether his interest outweighs the interest of the person who publishes the portrait.
For the publication of a commissioned portrait, permission must be requested from both the creator of the portrait (in terms of copyright) and the person portrayed (in terms of portrait rights).
If a photographer wants to make his photo public, he has to ask permission from the person portrayed. Conversely, the person portrayed does not need to ask permission from the photographer if he wants to publish his portrait. However, permission must always be requested from all persons portrayed in the image.