When the class takes place online via Brightspace (closed educational environment) and it is live you can show to the students copyrighted works without asking for authorization/permission. It is allowed, copyrighted materials, to be used in an online environment, when this takes place live, when the use is non-commercial, the name of the author of the work is given, the use is part of the curriculum and the work used, is published lawfully.
This means that the copyrighted materials can be shown to the students as exactly this would be happening if the lecture would take place in a physical environment at the premises of the educational institution. It is only allowed to show these materials without asking for permission at a live session taking place online within an online environment where only teachers and students (academic staff) have access.
If the lecture is recorded in order to be made later available online (on demand) such as in Brightspace (closed educational environment), then this part of law is not applicable after the live session, and permission needs to be requested , or the videos and photos could be replaced by the relevant links, or if the use of the materials falls under the right to quote exception, then this would be allowed because it would be according to the copyright rules. Regarding the latter and finding more information about it, please follow the page “Use and reuse of academic materials” of TU Delft Library. If the materials are books, articles etc. Stichting UvO rules as explained below should be followed.
Parts of (any type of) works may be copied and published for illustration in non-commercial education (Section 16 of the Dutch Copyright Act). In this case, publication or screening does not have to physically occur in the classroom. Publishing a copy through a digital teaching environment is therefore also permitted, provided that it is solely intended for educational purposes, so in a private environment that students can access using a password. In addition, the parts of the works can only be used for illustration in the education; so they must be supplementary to and not replace teaching.
The VSNU and foundation UvO (Stichting Uitgeversorganisatie voor onderwijslicenties) established the Easy Access regulation in order to use copyright protected work for education purposes. This regulation simplifies (re)use of copyright work for readers or digital learning environments such as Brightspace.
The Easy Access regulation discerns between short extracts and long extracts. Short extracts are paid for on yearly basis and do not need to be reported. Long extracts require permission be obtained beforehand.
- A short extract consists of up to 50 pages, with a maximum of 25% of the publication.
- For longer extracts one is required to first seek permission from Foundation UvO by means of the webportal. If the extract is less than 1/3 of the work then permission will be granted immediately. Contact the Copyright Information Point to get access to the webportal.
- If, however, it is larger than 1/3 of the work the Foundation UvO will brokerage the payment with the copyright holder. To submit a request on the Foundation UvO webportal, contact the Copyright Information Point.
see the chart below.
In order to reduce the total amount of extracts we strongly recommend linking as much as possible for no fee is due for linking to material that is freely accessible online. The same applies to including links to digital sources which are not open access but in respect of which TU Delft Library has concluded a license agreement for use within TU Delft
See the flow chart for the steps you should take when you want to place publications in the digital learning environment.
At Sherpa/Romeo you can see the rules of publisher copyright policies.