Questions and answers
I am employed by the HU. Who owns copyright when I write a journal article / book?
- What is the reader scheme? (Text by SURF)
- How does the Kluwer database license work?
- Am I allowed to download pdf files online and upload these files on SharePoint, HUBL or another ELO (electronic learning environment)?
- What is creative commons?
- What about a copyright statement?
- Are you allowed to stream a DVD you purchased?
- Is it allowed to include copyright statements in teacher manuals and study material?
- Is embedding allowed?
- Can I scan 3 pages (10% of a book) without permission and offer them as PDF to my students?
- Can I scan 80 pages (11,000 words) - 45% of a book without permission and offer it as a PDF to students?
- May I include a picture in a presentation?
- Are students allowed to refuse permission for publication (HBO Kennisbank) of their thesis?
- Do I have copyright if I co-write a publication at a Research Centre of the HU University of Applied Sciences?
1. I am employed by the HU. Who owns copyright when I write a journal article / book?
The HU University of Applied Sciences own the copyright. It follows the collective agreement (CAO) for Higher education. Different rules apply at universities.
2. What is the reader scheme? (Text by SURF)
The Reader scheme is a contract between the Dutch Publishers Association (Nederlandse Uitgeversverbond – NUV) / Stichting PRO (Publication and Reproduction Rights Organization) and higher education (through the Association of Universities in the Netherlands (VSNU) and Netherlands Association of Universities of Applied Sciences).This contract contains agreements on copying copyright protected material to educational publications, such as readers. This contract relates to both the conditions and to the ‘fair’ compensation.
3. How does the Kluwer database license work?
According to the license per 2014 it is no longer possible to copy material free of charge. Kluwer wants to be notified via Stichting Pro and paid for reuse. The usual difference between short and long copies applies here. Linking to material available in Kluwer's databases can be done free of charge. Questions about the Kluwer database? Please contact Simone Oostendorp.
4. Am I allowed to download pdf files online and upload these files on SharePoint, HUBL or another ELO (electronic learning environment)?
No, unless. Most publications are protected by copyright. However, there is no copyright on government information, such as laws, parliamentary documents, court orders, public decisions, government advice etc. This type of public government information can be published and reproduced without restrictions.
5. What is creative commons?
With a CC license, an author can make a work available for reuse. The author may set certain conditions, for example: whether or not mentioning of names is allowed, or whether commercial reuse is allowed. The author may also allow derivative works under certain conditions. The HU University of Applied Sciences Utrecht, together with other Universities of Applied Sciences, supports the use of Creative Commons licenses.
6. What about a copyright statement?
Copyright protection arises when creating a work. Copyright is created automatically, you do not have to do anything extra for it. It is also free, you do not need to register anything. A copyright statement is not necessary, but it can be useful, so that it is clear who owns copyright. Often it is supplemented with, for example, the following text:
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.
7. Are you allowed to stream a DVD you purchased?
No, unless you have written permission from the author or producer. Different restrictions may be important for HU practice (articles 15-16 AW).
8. Is it allowed to include copyright statements in teacher manuals and study material?
Yes, this is allowed to prevent undesired reuse outside the HU. The rights are formally with the HU University of Applied Sciences (CAO HBO art. 7), but as a creator you can also ask to be personally informed about reuse. However in principle, reuse within the HU University of Applied Sciences is permitted.
9. Is embedding allowed?
Yes, embedding of copyright protected material, such as a video on Vimeo and YouTube, does not infringe copyright. The video must be put online legally and source referencing in your presentation or teaching material is compulsory. This was decided by the Court of Justice of the European Union in October 2014. Earlier, the European Court ruled that linking to copyright protected material is also permitted. This new ruling about embedding is largely based on this case. The difference between embedding and linking is that when embedding, the copyrighted material is presented directly on another website while a link refers to the original source.
10. Can I scan 3 pages (10% of a book) without permission and offer them as PDF to my students?
Yes, according to the Reader scheme that the Association of Universities of Applied Sciences concluded with Stichting Pro, a short copy has been bought off. A short copy is: a non-literary book: a maximum of 10,000 words, but no more than a third of the original work.
11. Can I scan 80 pages (11,000 words) - 45% of a book without permission and offer it as a PDF to students?
A long copy is: more than 10,000 words or more than 1 / 3rd of a work. For this, permission must be requested separately from Stichting Pro.
12. May I include a picture in a presentation?
Yes, when for educational purposes and from within the HU. The image must have been lawfully published.
13. Are students allowed to refuse permission for publication (HBO Kennisbank) of their thesis?
Yes, students own copyright on their work (apart from certain right of internship companies)
14. Do I have copyright if I co-write a publication at a Research Centre of the HU University of Applied Sciences?
No, the rights are with the employer (CAO HBO) unless otherwise agreed. It is advisable to put the agreements in writing.