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Copyright Information Point

 

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Whenever an article, a paper or a book is written, published, used or reused, the issue of copyright has to be resolved. What does your copyright entail and what does this mean for a user of scientific publications?
The Maastricht University Library compiled the Copyright Information Point to inform and advise UM students, teachers and researchers about copyright issues.

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© for students

© for students

 

May the faculty include my thesis in the UM repository?

As a student and author, you hold the copyright to your thesis. The faculty should always ask your permission. After submission to the repository, you don’t lose the copyright.

Perhaps you signed an agreement with the company you did research for. Always inform the faculty if the company specifically prohibited making the information public.

Is it allowed to use information I found through Google for my thesis?

Information found on the internet is also protected by copyright. If you want to use the information for your thesis you need permission of the copyright holder.

Always make sure that the information is from a reliable source.

You don’t need permission when:
• The copyright holder’s states on the website that reuse is allowed under certain conditions.
• You quote, paraphrase or refer to part of someone else’s article or book. The quotation must be functional and it must support the context of the work in which it is included. It should not merely be for decoration. The source must be clearly indicated, completed with the name of the author.
• You create a link to other people’s publications on a website (as long as the article does not open on your own web page). More information about linking.

NOTE:
Plagiarism, presenting someone else’s work, in whole or in part, as your own without proper acknowledgement of the source (citing) is strictly forbidden. More information about how to avoid plagiarism.

Information partly derived from: SURF the Dutch Copyright Act, Legal restrictions regarding copyright

Is it allowed to include a part of an article or a book chapter in my thesis?

You are allowed to include a part of an article or a book chapter in your thesis when:

• You quote, paraphrase or refer to part of someone else’s article or book. The quotation must be functional and it must support the context of the work in which it is. It should not merely be for decoration. The source must be clearly indicated, completed with the name of the author.
• You create a link to other people’s publications on a website (as long as the article does not open on your own web page). More information about linking.

NOTE:
Plagiarism, presenting someone else’s work, in whole or in part, as your own without proper acknowledgement of the source (citing) is strictly forbidden. More information about how to avoid plagiarism.

Is it allowed to use someone else’s publication?

Yes, you are permitted to make a copy for personal use only. You are not permitted to give the copy to a third party without the permission of the copyright holder. This is a form of duplication of which the right is reserved to the copyright holder.

Information derived from: SURF & Copyright

How do I avoid plagiarism?

Plagiarism is using someone else's work or findings without stating the source, and thereby implying that the work is your own. This is a violation of copyright.

You can avoid plagiarism by using paraphrases, quotations/citations or summaries:
Paraphrasing: rephrasing someone else's idea, theory or design in your own words, without changing the basic idea. Always refer to the original author's text and clearly separate the paraphrased text from your own ideas. Use paraphrases if the idea or theory is important, but the exact words less so.
Quoting/Citing: copying someone else's words to describe their idea, theory or design literally. Always put the text between double quotation marks and refer to the original author's document. Use quotations/citations if the exact words are as important as the ideas expressed. More information about quoting.
Summarizing: using your own words to sum up the original in a shorter version.

In all three cases, you need to refer to the literature you have used according to the rules for reference described in the guidelines.
The way you should acknowledge your sources can vary. Please consult your supervisor or tutor, on the appropriate style you should use. When you find yourself confronted by terms as APA or Vancouver the University Library offers help in the form of the program EndNote, a reference manager which can format your references in the correct style. More information on EndNote can be found by consulting the Library’s EndNote page.

© for teachers

© for teachers

 

Which steps should I take when I want to place publications in the digital learning environment?

See this flow chart for the steps you should take when you want to place publications in the digital learning environment.

Is it allowed to use my own publication for educational purposes?

Yes, you are allowed to do so.

The Dutch Copyright Act lists a number of exceptional situations in which scientific/scholarly material can be used without the permission of the copyright holder (which may be your publisher). For educational purposes this includes:

  • Performance/presentation if this serves a scientific/scholarly purpose
  • Quoting from a work
  • Use of a section

The Dutch Copyright Act does make such use subject to a number of conditions:

  • The source must be credited. More information about quoting.
  • Only short passages may be used:
    • from non-literary books max. 10,000 words, provided it is not more than a third of the whole work
    • from journals, newspapers and other periodicals max. 8,000 words, provided it is not more than a third of the issue
    • from literary works max. 2,500 words or max. 100 lines of poetry, provided it is not more than a tenth of the work
    • pictures and/or illustrations, diagrams, tables and diagrams count for 200 words, with a maximum of 25 objects per passage
  • The copyright holder must receive fair payment. Maastricht University signed an agreement with PRO Foundation, the Dutch publication and reproduction rights organization, to buy off the copyrights. This agreement has been set out in the Reader Regulation. Please contact ub-copyright@maastrichtuniversity.nl if you want more information about the Reader Regulation

Information derived from: SURF & Copyright

Is it allowed to download multimedia from the Internet and use it for educational purposes?

You do not always need to ask the permission of the copyright holder in order to use his/her work. This is because certain exceptions apply if it is to be used for educational purposes. The Dutch Copyright Act provides for an exception that you can take advantage of as a teacher:

  • A copyright-protected work can be displayed or rendered without the copyright holder’s permission in the context of non-profit education (section 12(5) of the Dutch Copyright Act: display exception). This applies to audiovisual works such as films, videos and television programmes; audio works such as music or other sound recordings; and still images such as photos and works of art. The display of the work must form part of the study programme, and it must also take place physically within the educational institution itself. This exception means that you can show a film taken from the Internet in a classroom during a lesson, but it does not allow you to upload it to EleUM so that students can watch it at home.

Is it allowed to show a film that I bought in a shop during a classroom lesson or place it in the digital learning environment?

You do not always need to ask permission of the copyright holder in order to use his/her work. This is because certain exceptions apply if it is to be used for educational purposes. The Dutch Copyright Act provides for an exception that you can take advantage of as a teacher:

  • A copyright-protected work can be displayed or rendered without the copyright holder’s permission in the context of non-profit education (section 12(5) of the Dutch Copyright Act: display exception). This applies to audiovisual works such as films, videos and television programmes; audio works such as music or other sound recordings; and still images such as photos and works of art. The display of the work must form part of the study programme, and it must also take place physically within the educational institution itself. This exception means that you can show a film taken from the Internet in a classroom during a lesson, but it does not allow you to upload it to the digital learning environment so that students can watch it at home.

You can publish a copy in the digital learning environment if you do so solely for educational purposes. You can only use the parts of the works concerned to provide information in an educational context. This means that they must only be supplementary to and not in place of teaching. The law provides in connection with this education exception that the copyright holder should receive fair payment in return for the use of his/her work. (An agreement can in fact be made with the copyright holder that the fair payment should amount to zero.)

Why is it preferred to use linking to publications in the digital learning environment?

Publishing deeplinks or hyperlinks is not considered as copying or publishing and is therefore no infringement on one’s copyrights, provided that the information is legally published.

More information about linking

Is it allowed to copy and distribute scientific/scholarly material amongst my students?

No, you are only permitted to make a copy for personal use. You are not permitted to give the copy to a third party without the permission of the copyright holder. This is a form of duplication of which the right is reserved to the copyright holder.

Information derived from: SURF & Copyright

Is it allowed to place an article or part of a book in the digital learning environment?

Short parts of a publication can be placed in the digital learning environment as the copyrights are paid off with the Reader Regulation Maastricht University has signed with Stichting PRO. A short part means:

  • From non-literary books max. 10,000 words, provided it is not more than a third of the whole work.
  • From journals, newspapers and other periodicals max. 8,000 words, provided it is not more than a third of the issue.
  • From literary works max. 2,500 words or max. 100 lines of poetry, provided it is not more than a tenth of the work.
  • Pictures and/or illustrations, tables and diagrams count for 200 words, with a maximum of 25 illustrations of the whole work.

If the part you would like to place in the digital learning environment exceeds the allowed number of words, you can always use the link to the publication. Publishing deeplinks or hyperlinks is not considered as copying or publishing and is therefore no infringement on one’s copyrights, provided that the information is legally published.

See this flow chart for the steps you should take when you want to place publications in the digital learning environment.

When linking is not possible, you need to request permission for use of the publication at Stichting PRO.

Please contact the Copyright Information team if you want more information about the Reader Regulation.

The University Library performs a copyright check on their own produced readers for the faculties. If you’re interested in more information about this service, contact the University Library.

© for researchers

© for researchers

 

Who owns the copyright of the article or book I would like to publish?

If you are the original author of an article or book, you own the copyright since you are the creator of that work. However, Maastricht University can claim the copyright from the employee who created educational materials. Although the exploitation rights of teaching materials may be vested with your employer, you always keep your moral rights, for example the right to be cited as the author of the publication.

Copyright: transfer or license?
You can transfer your copyright to a publisher; a transfer is definitive. Avoid transfer of all your rights. Prefer a license agreement, which means that you have more options, for example to retain the right to reuse your own publication.

Do I have to accept the standard contract used by my publisher?

No. To sign a standard publishing agreement which transfers all copyrights in your work to the publisher may not be necessary, nor to your advantage.

Negotiate!
The standard contract used by your publisher is not binding as long as you do not agree. Amendments can be made if you resist the pressure from the publisher and talk to him. You can negotiate the terms of that contract so read the fine print first. Ask yourself: is it an exclusive license? Can the license be terminated?

Copyright is bundle
Copyright is a bundle of rights which can be split up. You do not need to transfer all your rights. Parts of your copyright can be licensed separately.

Before and after negotiation
The most effective technique is to strike out unwanted terms and to write in and initial the changes you want. Consider using the clauses listed in the copyrighttoolbox.

How do I get permission from my publisher to deposit a copy of my publication in UM Publications?

First, go to Sherpa/Romeo. This website enables you to check if individual publishers permit deposit in institutional repositories and if there are any copyright conditions attached. The database can be searched by publisher or by journal title.

Negotiate!
The standard contract used by your publisher is not binding as long as you do not agree. You can negotiate the terms so try to retain your ownership and particularly the right to use the UM repository.

License to deposit
Maastricht University needs the permission of the author to include his/her work in the UM repository. To grant this permission, the author has to agree with the license to deposit. This license regulates how your publication can be made available, and under what conditions.

Seek help
There are no standard answers. The Copyright Information Point of the Maastricht University Library assists you with copyright clearance for deposit in the UM repository.

Which reuse is free?

You do not need to seek permission or to pay fees if you don’t copy documents but link to the documents you want to reuse. The same applies to public domain works and, to some extent, to works under a creative commons license.

Creative commons
When deciding which creative commons license to apply to your publication, ask yourself what types of reuse you would like to encourage, and license accordingly. The examples will help you to determine which of the six creative commons licenses to apply.

The six licenses may be combined in different ways, also to define three valid licenses for Open Access.

Permitted reuse of OA articles can be specified by the author's choice of one of the following Creative Commons licenses considered suitable for OA:

CC BY

CC BY - Creative Commons Attribution License
Allows users to copy, distribute and transmit an article, adapt the article as long as the author is attributed. The CC BY license permits commercial and non-commercial reuse.

CC BY NC

CC BY-NC - Creative Commons Attribution-NonCommercial License
Allows users to copy, distribute and transmit an article, adapt the article as long as the author is attributed and the article is not used for commercial purposes.

CC BY NC ND

CC BY-NC-ND - Creative Commons Attribution-NonCommercial-NoDerivatives License
Allows users to copy, distribute and transmit an article as long as the author is attributed, the article is not used for commercial purposes, and the work is not modified or adapted in any way.

Sherpa/Romeo
Sherpa/Romeo enables you to see what rights are assigned to publishers and which are retained by the author. So use Sherpa/Romeo to check if individual publishers permit deposit in the UM repository and if there are any copyright conditions attached. The database can be searched by publisher or by journal title.

Research data
When reusing raw research data, it is important to know the legal status of the material. Sometimes, the consent of the "author" or "maker" of the data is required, as shown in the checklist.

Why do I need to sign the license to deposit as used by Maastricht University?

You need to sign the license to deposit to make certain that you have the right to submit your work to the UM repository and to give permission to use your work. The holder of the UM repository will make your publication visible within an open access framework.

License to deposit (in Dutch)
The license to deposit is in Dutch.

How do I avoid plagiarism?

Plagiarism is using someone else's work or findings without stating the source, and thereby implying that the work is your own. This is a violation of copyright.

You can avoid plagiarism by using paraphrases, quotations/citations or summaries:
• Paraphrasing: rephrasing someone else's idea, theory or design in your own words, without changing the basic idea. Always refer to the original author's text and clearly separate the paraphrased text from your own ideas. Use paraphases if the idea or theory is important, but the exact words less so;
• Quoting/Citing: copying someone else's words to describe their idea, theory or design literally. Always put the text between double quotation marks and refer to the original author's document. Use quotations/citations if the exact words are as important as the ideas expressed. More information about quoting.
• Summarizing: using your own words to sum up the original in a shorter version.

In all three cases, you need to refer to the literature you have used according to the rules for reference described in the guidelines.
The way you should acknowledge your sources can vary. Please consult your supervisor, or tutor, on the appropriate style you should use. When you find yourself confronted by terms as APA or Vancouver the University Library offers help in the form of the program EndNote, a reference manager which can format your references in the correct style. More information on EndNote can be found by consulting the Library’s EndNote page.

May I distribute my dissertation that contains an article which has not been published yet?

Yes, if you retained the right to use the original version of the article as it was submitted to the publisher prior to review. If not, you have to negotiate the terms of the license for the article to get a revised agreement with the publisher of that article.

Preprints
A preprint is the original version of the article as it was submitted to the publisher prior to review. Most publishers do not have problems with authors publishing preprints on the internet, particularly not when it concerns a doctoral thesis. Check the Sherpa/Romeo website to find publishers’ and journals’ policies. If the publisher or journal is not listed on this website, you have to contact the (potential) publisher.

© about linking

© about linking

 

Library link

Go to LibSearch and search for the title. Select Maastricht University Library and the preferred format in the left column.

Click on the title to open the details. Click the right mouse button on View Online and select Copy link address.

If you would like to link to an e-book chapter, open the e-book and go to the specific chapter. Use the URL in the URL bar.

 

Deeplink

‘Deeplinks’ are hyperlinks that refer to files or ‘deeper’ parts of a website. In general, deeplinking is allowed if the file or part of the website is showed in its original context.

Always state the source when using a deeplink.

When deeplinking is not possible, in case of a restricted website, use the URL to the website and refer to the location of the publication in the reference. After all, students need to learn how to search and find themselves!

© about plagiarism

© about plagiarism

 

How do I avoid plagiarism?

Plagiarism is using someone else's work or findings without stating the source, and thereby implying that the work is your own. This is a violation of copyright.

You can avoid plagiarism by using paraphrases, quotations/citations or summaries:

  • Paraphrasing: rephrasing someone else's idea, theory or design in your own words, without changing the basic idea. Always refer to the original author's text and clearly separate the paraphrased text from your own ideas. Use paraphrases if the idea or theory is important, but the exact words less so.
  • Quoting/Citing: copying someone else's words to describe their idea, theory or design literally. Always put the text between double quotation marks and refer to the original author's document. Use quotations/citations if the exact words are as important as the ideas expressed. More about quoting
  • Summarizing: using your own words to sum up the original in a shorter version.

In all three cases, you need to refer to the literature you have used according to the rules for reference described in the guidelines.
The way you should acknowledge your sources can vary. Please consult your supervisor, or tutor, on the appropriate style you should use. When you find yourself confronted by terms as APA or Vancouver the University Library offers help in the form of the program EndNote, a reference manager which can format your references in the correct style. More information on EndNote can be found by consulting the Library’s EndNote page.

For the Nuts & Bolts of integrating work of others in your own, please check the following excellent sources:

Do you want to test your ability to recognize and avoid plagiarism take the practice test or certification test from Indiana University, School of Education, Bloomington.

The official “Netherlands Code of Conduct for Academic Practice” dealing with scientific integrity and plagiarism is available on the VSNU website.

© about quoting

© about quoting

 

Quoting

Quoting another work – not only textual material but also images such as photos – in your own work is permissible on certain conditions:

  • You can only quote someone else’s work in the context of an announcement, an assessment, a polemic, a scientific/scholarly treatise, or in an utterance with a similar purpose. This also applies to theses or papers.
  • The section quoted must be used to clarify or support your own ideas; it must not just be included as an embellishment or decoration – i.e. to make your work look better.
  • The length of the quotation must be subordinate to that of the work in which it is included. In other words, it must comprise only a modest proportion of your own work. Using it must not harm the commercial interests of the author whom you are quoting. Example: You are not permitted to include the whole of a recently published short story in a paper you are writing.
  • You are only permitted to quote from works that were published with the consent of their author (i.e. the person who “made” them). Example: You can only quote from an unpublished diary if you have the consent of the author.
  • You must respect the moral rights of the author of the work that you are quoting from. Example: You must attribute the work to its author, not make any alterations, and not use it in a harmful context.
  • When you quote a work, you must clearly indicate the source whenever possible.

Quoting from official documents

  • Laws, decrees and regulations promulgated or issued by the authorities, as well as court rulings and administrative decisions, can be freely quoted (including in their entirety).
  • Unless they are subject to a copyright proviso, documents that government bodies have created and published themselves can be freely quoted in their entirety; this includes such things as parliamentary documents, the minutes of city council meetings, or reports by government services.

Accidental inclusion

  • Unintended incidental inclusion of a work as an insignificant component of another work is permitted. Example: If a film includes, by chance, a copyright-protected advertising photo on the front of a shop, this is permitted.

Parody

  • Imitation in the form of a parody, caricature, or pastiche is permitted. The work must have a humorous intention and/or arouse amusement, or be a critical imitation.

For the Nuts & Bolts of integrating work of others in your own, please check the following excellent sources:

Do you want to test your ability to recognize and avoid plagiarism take the practice test or certification test from Indiana University, School of Education, Bloomington.

©ontact & support

©ontact & support

 

For additional information, copyright issues and questions use the webform below to contact our specialists of the Copyright Information Point.

Our copyright information specialists 

Please use this webform to contact us

 

 

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