Copyright and higher professional education (HBO) - what is and is not
allowed.
Those in education make use of copies (including digital) of books, journal articles,
images from television or video/DVD, and music. In almost all cases, this concerns
copyright protected material. Permission for acquisition or display of this material is
therefore required from the author, and compensation may also be due.
Please note!: Copyright also applies to material on the internet, unless expressly
indicated otherwise (for example, in the case of Creative Commons).
Fortunately for education, there are limitations with regard to copyright:
The restriction on display allows:
A protected work to be displayed or played in the education context without the
permission of the right holder and on a non-profit basis
 This applies to audiovisual works such as films, video and television programmes,
and to audioworks such as music and sound recordings, as well as still images
such as photographs and art works.
 However, the publication/broadcast must be a part of the educational
programme.
 This must also physically take place in the educational institution itself; you may
show a short film from the internet during a lesson in the classroom, but placing
a copy of the film in the digital education environment so that students can watch
it at home is not permitted on the basis of this exception.
The reader agreement allows:
Short sections, short articles or images from a book, periodical or newspaper to be
copied, either as a loose copy or for inclusion in a reader or syllabus or a digital
education environment, so long as:
- it is intended for educational purposes (as illustration, not a substitute for teaching)
- the source is mentioned (author, title, publisher and ISBN)
- the work has previously been published.
The condition for this is that fair compensation is paid. This compensation is arranged
for Stenden University of Applied Sciences in the HBO reader agreement with Stichting
PRO (the Publication and Reproduction Rights Organisation Foundation). The
Reproduction Fee covers the cost for loose copies.
The right to quote allows:
 a short fragment or an image to be cited:
- if the source is given
- the quote has a clear supporting function (for example as an illustrative
example), and may not have a decorative function purely because it is a nice
image (Art. 15a Copyright Act).
 The extent of the quotation must be related to the desired purpose; the copying
of long programmes or long texts is not permitted, but short video, audio or text
fragments may be copied. Art works and photographs may be ‘cited’ entirely.
 protected works may be included for free and without the permission of the
creator in an ‘academic treatise’. This can be broadly interpreted: an educational
PowerPoint presentation is included under this, for example.
The limitations on copyright are clearly laid out on the SURF website. (SURF copyright)
What are short sections?
The website http://www.auteursrechtenonderwijs.nl/ (Copyright and education), where a
large number of copyright organisations have joined forces, defines short sections as
follows:
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You may copy a maximum of 10,000 words from non-literary book works, as
long as:
this constitutes no more than one third of the whole of the original work
from which you are copying the text.
you bear in mind that images, graphics and the like count for 200 words,
and that no more than 25 of these from the original publication may be
used.
You may copy a maximum of 8,000 words from magazines and other
periodical publications with a non-literary content as long as:
this consists of no more than one third of the issue.
you bear in mind that images, graphics and the like count for 200 words,
and that no more than 25 of these from the original publication may be
used.
You may copy a maximum of 110 lines of poetry or 2,500 words of prose from
literary writing as long as:
you copy no more than one tenth of the whole original work.
you bear in mind that images, graphics and the like count for 200 words,
and that no more than 25 of these from the original publication may be
used.
You may copy graphics, tables, diagrams and the like, as long as:
there are no more than 25 from the same original publication.
you bear in mind that each graphic or table and so on counts as 200
words! This means that a page of text containing 500 words with a graphic
counts as 700 words in total!
Sheet music:
You may copy one verse and one chorus from song lyrics.
You may copy five staves of musical notation, as long as:
the five staves are no more than one fifth of the original work.
Image material: Each photograph or illustration counts as 200 words.
you may not copy more than 25 photographs and/or illustrations from the
same original publication.
you may not copy more than a few photographs and/or illustrations from
the same creator (photographer, illustrator or visual artist).
It is also possible to make a copy of a short section of a digital learning
environment public as long as:
this is exclusively for educational purposes, for example in a closed
environment that students can access using a password.
it is used for illustrative purposes in teaching only.
For longer sections, advance permission from the copyright holder is
always necessary. This permission can be requested through the library.
Checklist:
How do you quickly determine whether the material you want to use is copyrighted,
what your options are, and what to do next?
1. – The Library.
Inclusion in a reader or in the electronic learning environment is not necessary if
a publication is on the required reading list for students or if students can consult
it in the library. Furthermore, this allows students to practice searching for
information and exposes them to several relevant sources from which they can
make a choice. This satisfies the PBL principle in which students independently
search for information.
 Check whether the information is available in the Library.
- in the catalogue (books, periodicals, audiovisual material)
- in the databanks (journal articles, reports, annual reports, short films, etc.)
via:
• www.stenden.com > Library > to the Library > Full text databases
• the information specialist for your course
 Discuss with your information specialist issues such as findability,
orders, correct editions and citing sources:
LM, MEM, RBS,
 Alie Mud, [email protected]
IBMS, HRM, ABA
Bas Hofma, [email protected]
IHM, TM, SGS
 Jellie Visser, [email protected]
Simone Leenders, [email protected]
SPH, CT, OLB
 Ineke Bakker, [email protected]
Gerie van der Weide, [email protected]
Emmen campus:
Engineering,
 Alie Zwiers, [email protected]
Economics
Peter de Vries, [email protected]
2. – Inclusion in reader or the electronic learning environment
Blackboard
In principle, the same rules apply for Blackboard as for the reader.
If the publication is not available in the Library or in one of the databanks, then it
may be desirable to include it in the reader or on Blackboard.
The fair renumeration for authors is arranged through the reader agreement in
which Stenden College participates. In addition, the following conditions must be
satisfied in order to be able to include the work in the reader or on Blackboard:
 Is it intended for educational purposes (as illustration, not a substitute
for teaching)?
- yes, then the educational restrictions apply.
- no, then the educational restrictions do not apply and the work cannot be
included under the terms of the educational restriction and reader agreement.
 Establish whether or not it concerns a short section of the work.
See above for an explanation of what is meant by “short sections” and the
associated conditions for each type of material (article, photograph, graphic,
image, sound recording etc.).
- is it a short section?
The inclusion of short sections is permitted and the fee will be paid through the
reader agreement under the following conditions: - it is for educational purposes
(as illustration and not as a substitute for teaching).
- is it not a short section?
For longer sections, advance permission from the copyright holder is always
necessary This permission can be requested through the library.
 Cite the source with the following details.
- Citation of sources is compulsory! Stichting PRO requires the following
information to be noted: author, title, publisher and ISBN.
Sources used:
Uitzonderingen voor het onderwijs. (z.j.) Utrecht: SURF
http://www.surffoundation.nl/Auteursrechten/nl/wat-isauteursrecht/auteurswet/Pages/Wettelijke-beperkingen-opauteursrecht.aspx
Kort en niet-kort. (z.j.).
http://www.auteursrechtenonderwijs.nl/home/kort