Article 1 of the Copyright Act (Auteurswet) provides a clear definition of copyright:
‘Copyright refers to the exclusive legal right of the author of a scientific, literary or artistic work, or of those entitled under them, to publish or reproduce this work, subject to the restrictions laid down by law.’
Creators can grant or withhold permission for the use of their work.
They may also make their consent subject to conditions, such as compensation.
Creators are also entitled to attribution.
In addition to protecting the rights of content creators, the Copyright Act also safeguards freedom of information.
For example, lecturers and researchers use articles, reports, books and images when developing teaching and learning materials or conducting research. This often concerns publications that have been produced by others and are usually subject to copyright.
As a rule of thumb, you will need permission (a license) in order to publish or reproduce copyrighted materials, unless you have been granted an exemption.
The right to quote allows for copyright-protected works to be included in a 'scientific treatise' free of charge without the permission of the creator.
This can be interpreted broadly, and also extends to the educational use of PowerPoint presentations. However, the right to quote is obviously subject to limitations: this also applies to educational usage.
Preconditions for invoking the right to quote:
A copyrighted work may be exhibited or performed for non-commercial educational purposes without the permission of the copyright holder (Section 12(5) of the Copyright Act).
This covers audio-visual works such as films, videos and television programmes, audio works such as music and sound recordings, and still images such as photographs and works of art.
Presentation restriction preconditions:
PLEASE NOTE: this exemption does not entitle you to upload a copy (e.g. a recording of the class) to the LMS or any other electronic learning environment (e.g. Microsoft Teams) so that students can watch it at home.
The Copyright Act provides exemptions for the educational use of excerpts from a work.
Such usage is subject to the following conditions: