No copyright disclaimer in the publication

In some cases, an online publication may not contain a © copyright symbol.

However, the work is still protected by the Copyright Act and you must respect the rights of the creator or creators.

If you would like to use the material, make sure to check whether it is covered by the Easy Access agreement, or request upfront a permission from the copyright holder or holders.

 

Supplementary/teacher materials from publishers

Publishers often grant lecturers access to supplementary materials for their books. These materials may always be used in physical or online classes subject to the conditions of the presentation restrictions. 

If you are planning to upload materials in the LMS and/or edit/adjust them to suit your own context, make sure to request permission from the publisher first

Out of print books

Once a book is no longer commercially available and is not being reprinted, it is considered to be ‘out of print’. However, this does not mean that it is 'free' - the work is probably still under copyright. 

 

You will need prior permission from Stichting UvO if you are planning to make more than 25% of an out of print book or an entire out of print book available to students. UvO will then apply a special reduced rate for books that are no longer in print.

Failure to check externally supplied content

Presentations by external lecturers or guest lecturers are published in the own LMS under the responsibility of the party who published them (school or lecturer).

If such a presentation does not comply with copyright and/or the Easy Access agreement, it may be regarded as a copyright infringement.

Make sure to inform external lecturers or guest speakers about the requirements for their presentation so that it can be made freely available to students in the LMS.

No written proof of consent copyright holder

Verbal agreements cannot be verified by other parties, including Stichting UvO.

If the publisher has authorised you to use a longer excerpt in your teaching materials, please ask them to confirm this in writing. A brief email or copy thereof will suffice. Make sure the terms of this permission are clearly defined (duration of permission, whether use is free of charge or subject to a fee).

Permission from a party other than the copyright holder

Even though someone authored a publication, this does not necessarily mean that they still hold the copyrights. In most cases, the copyrights of a published work are at least partly - and in some cases entirely - held by the publisher.

Scientific publications with multiple authors are usually subject to joint copyright. All uses of the publication will then require the consent of the co-authors.

In other words, you can ask your fellow lecturer for permission to use their publication for educational purposes and they can grant you this permission, but only if they have not transferred the copyrights to the publisher.

Government publications: rights reserved

In the Netherlands, laws, regulations, court rulings and administrative decisions are not subject to copyright.

Other government publications may be copyrighted. For example, ministerial reports are copyright protected. These works may still be copied and published, unless the work itself states that it is copyrighted.

 

Government publications from databases

Laws, regulations or court rulings from legal databases and other sources cannot always be freely used for educational purposes! Government publications in databases such as Kluwer Navigator, Opmaat and Legal Intelligence are protected by Database Right.

These publications have been edited (collection, search engine, additional functions or tools) and their usage rights are thus held by the publisher. Make sure to check the copyright before using the materials. Existing paid licenses have their own usage conditions.

 

Sheet music

Sheet music - providing digital access in the LMS

You may share short sections of sheet music (a collective term for song texts and notation) as files in the LMS or readers.

As with other forms of text, a distinction is made between the use of short and medium-length excerpts, and long excerpts. Hanze UAS has procured the right to use short and medium-length segments through the Easy Access agreement.

Such usage is subject to the following conditions:

  • A maximum of 50 pages, but no more than 1/4 of the overall work
    • It does not matter how many stanzas, choruses, staves, lines and/or words are used: the number of pages is the only determining factor.
  • The materials must be used to illustrate the subject rather than serve as actual teaching materials in and of themselves.

 

Sheet music - copying for own use

Copying for your own use is allowed under certain conditions. The Copyright Act permits copying for one's own use under certain conditions. This concerns reprographic copying, i.e. making a photocopy with a photocopier, copying the sheet music by hand or making additional copies.

Such usage is subject to the following conditions:

  • As a natural person, you are allowed to make several (two or three) photocopies of a small section of a musical score or the parts of a musical work and any other works included therein. Such usage does not require the consent of the copyright holders. 
  • Here too, such copies may only be used for personal practice, self-study or personal use; this does not include use within the context of a musical or other association or choir. 
  • Reproduction of the entire sheet music is not permitted.
  • Sheet music may be copied for non-commercial purposes and personal practice, study or use by means other than photocopying, provided fair compensation is paid. In the Netherlands, this is regulated through levies on objects (CDs, DVDs, hard disks, smartphones) under the terms of the Private Copying Levy (Thuiskopieheffing).
  • This means downloads may only be used if they constitute a private copy, i.e. for personal use. If you intend to distribute this download or use it in any other way, you must abide by the applicable copyright regulations.

Sheet music - free usage

  • The rights to lyrics and compositions remain in force for a period of 70 years after the death of the respective lyricist and composer.
  • Once this period has expired, they enter what is known as the 'public domain'. This means everyone may use the work freely, i.e. copy it from the source, publish it and perform it.
  • However, existing releases of works in the public domain are protected by copyright: these releases are the property of the publisher. The publisher owns both the image and any supplements, critical annotations, changes etc. resulting from scientific research. 
  • Click here for more information on digital sheet music platforms.

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