Copyright and Virtual Learning Environments

There are copyright implications whether the material you wish to use belongs to someone else, i.e. third party material, or it is your own or Staffordshire University’s copyright.

Third party material you might wish to use in a VLE may:

• exist in a non-digital format, e.g.
  • books, journals etc
  • images of all kinds o film and sound recordings  
• or they may be so-called “born-digital”, e.g. 
  • a web site or other internet resource
  • a database   

If they are in copyright , both types of material are protected. Unless the copying is for the purposes of an examination or assessed work which contributes to the student’s final mark, written permission from the rights holder(s) will be needed before the third party material is used. There is no other legal permission or exception which would allow you to include this material in a VLE to support a course of study. Equally, there exists no blanket licence which would permit you to do this, although some licences may help in a limited way.

When working with third party copyright material and VLEs it is usually necessary to first obtain express written permission from the rights holder(s). In the case of material which is not born-digital, you need both express written permission to convert it to a digital format as well as to include it in the VLE.

It is imperative that you seek permission in good time as a). it might take some time to track down the copyright holder or they may be slow to respond and/or b). they may refuse to grant it.

You cannot convert text, e.g. books, journals articles, reports etc, to a digital format and include it in a VLE without express written permission from the rights holder(s), unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark. There may, however, be other possibilities.

• The books or journal articles may already exist in a digital format in a database to which we subscribe. See below for more information on using material from databases in a VLE. 
• Information Services can apply through CLARCS (Copyright Clearance Agency Rapid Clearance Service) for permission to digitise text –based material. We also subscribe to HERON which offers a clearance, digitisation and delivery service for book extracts and journal articles. Note - 
  • Permission extends only to the specific group of students for which it has been obtained. Other students cannot be directed to the resources.
  • Permission lasts for one year only - a repeat of the course would necessitate further clearance. 
  • It is very expensive, considerably more so than the paper equivalent. As with print course packs, the cost would be borne by the Faculty.   

If you wish to investigate digitising material through CLARCS or HERON, contact the Learning and Information Services team in Information Services via libraryhelpdesk@staffs.ac.uk for more advice.

If you decide that it is too costly or complex to use digitised material you could,

• Simply give the students the references and suggest they visit the library.
• Create a print course pack to accompany your VLE. 

Unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark, express written permission from the rights holder(s) is needed both to digitise and to include in a VLE, images of all kinds, e.g. photographs, graphics, maps, cartoons, charts, diagrams, etc.

There are some possible alternatives:

• Consider using SCRAN, a database of images and video clips which is copyright cleared for use in education, including in VLEs.
• There are some free image banks available on the web which provide copyright free images, sometimes specifically for educational purposes. Remember to include an acknowledgement if you should use such an image.   

Commercially produced recordings

Unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark, you must first obtain express written permission from the rights holder(s) before you put commercially produced recordings, or extracts from them, into a VLE.

Off air recordings (ERA)

The University has an Educational Recording Agency (ERA) licence which permits us to make recordings of broadcasts by members of ERA and to use them for educational purposes only. All tapes must be marked with the date and time of the recording and carry a statement in clear and bold lettering that:

“This recording is to be used only under the terms of the ERA Licence”.

You may include extracts or whole programmes from ERA recordings in a VLE or other e-learning environment without the need for express permission PROVIDED THAT it is accessible only on University premises. This is still the case even if the VLE is password protected or access otherwise controlled by an authentication system. The extract or programme will need to carry the correct label (see above).

If the VLE will be accessible off campus, you will need to obtain express written permission from the copyright holder(s) before including the material, unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark.

Off air recordings (non-ERA)

If you wish to use in a VLE broadcast material which is not covered by the ERA licence, e.g. overseas broadcasts, then express written permission would first need to be obtained, unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark.

Web pages and other material on the internet are protected by copyright. A single web page can contain numerous different copyrights within in it, e.g. the text may be protected separately from any artwork, logos or graphics. Unless the web page expressly waives copyright, you may not copy the material for use in a VLE without the express written permission of the rights holder(s), unless it is for the purposes of an examination or assessed work which contributes to the student’s final mark.

Linking is perhaps a more usual way to make use of a web page.

• Always link to the home page if you can as this may carry important information which should not be bypassed, e.g. copyright notices, advertisements.
• If you feel you need to “deep-link”, i.e. to link direct to a page beyond the homepage, you should obtain written permission from the rights holder(s).
• Use text links rather than logos/graphics unless you have first obtained written permission to use these as links.
• Do not use frames or other display mechanisms which may give the impression that someone else’s web page(s) is your own work.
• Draw VLE users’ attention to any copyright notices on the web page(s) to which you link.   

The University subscribes to a number of database services, e.g. electronic journals services such as EBSCO. These are usually now web-based but others may be on CD ROM or in other digital format.

Using material from such a service in a VLE will always depend on the terms of the licence for that product. It is likely in many cases that a link, e.g. to a journal article, will be acceptable but you should check first with your subject librarian if it is the first time you have tried to do this with a particular database

You will also need to ensure that the group of students who will be using the VLE are licensed to use that database. For example, some databases restrict overseas access. Check first with your subject librarian to ensure access is allowed.

When seeking to obtain permission from rights holder(s), there are a number of things to keep in mind.

• Assess your copyright clearance needs early in the project. Decide what material you will need to clear and the purposes to which you will put it. You will, for example, need to ask for permission if you wish material to be downloadable and printable as well as merely being included in the VLE.
• Do it in good time. It may take time and effort to track down the right person(s) – this is especially true for images, complex situations such as films and older material.
• Get it in writing. It is preferable to get permission on headed paper rather than by e-mail if at all possible. E-mail may still be a useful tool in the permission seeking process, especially if the rights holder(s) are overseas.
• Ask for exactly what you want. Provide details such as numbers of students, where they are based, e.g. if overseas, the length of the period the material will be used, whether there is an authentication system in place.
• Does the permission granted cover your needs? Although you may have made specific requests you should always carefully check the permission granted by the rights holder(s) to ensure that it covers your proposed use of the material.
• Be aware that the rights holder(s) may impose conditions and costs.
• Do not assume that no reply equals consent.

Material which is your own copyright or the University’s may of course be freely used in a VLE. Before you use it, however, consider the following.

• Be certain that it is your copyright. Check that you have not assigned the rights in your published work to the publisher. Bear this in mind too when you are submitting new work for publication.
• Unauthorised adaptations – Adapting a third party copyright work will not produce something which is your own copyright and with which you may do as you will. Unauthorised adaptation is a breach of copyright.
• Although you may use Staffordshire University copyright material produced by a colleague without express permission, it would be a courtesy to let them know.   

You should also protect your own and Staffordshire University’s original copyright material with a suitable statement, i.e. © Staffordshire University, [date]