Please note that due to the current crisis, the Irish Copyright Licensing Agency has temporarily relaxed the requirement for Higher Education Institutes to own an original copy of the material - this enables lecturers to make use of any extract of an original owned personally by them but which is not currently in the ownership of the licensed institution. Please remember to remove any items used for this purpose once they are no longer needed by this date.
While under the educational exemption of fair dealing, due to being used for educational purposes, lecturers should understand that there are limits to what they can use in class under the terms of the ICLA agreement. As is the case with students all copyright works used should have a suitable attribution.
10% or one chapter from a book, if it does not exceed the 10% threshold of the book as a whole. Full works, for example, full text of a book can not be taken and photocopied, this applies only to one work on one course of study.
In the case of short stories and poems, the whole work can be copied as long as it is below 10 pages.
However it must be noted that this only applies to material that the Institute owns, either through owning a copy of the item or a subscription to a database that holds the item.
Digital
In the case of a journal article or periodical online or offline you may copy the full text of one article but only one article from that particular issue of the journal or periodical.
It is now possible to copy up to 10% of a website page content under the license however this is dependent on the website's policy in relation to this around copying content.
Illustrations
You can copy illustrations that are in an article or work you have copied using the license before without providing the text.
10% or one chapter from a book, if it does not exceed the 10% threshold of the book as a whole. Full works, for example, full text of a book can not be taken and photocopied, this applies only to one work on one course of study.
In the case of short stories and poems, the whole work can be copied as long as it is below 10 pages.
However it must be noted that this only applies to material that the Institute owns, either through owning a copy of the item or a subscription to a database that holds the item.
Digital
In the case of a journal article or periodical online or offline you may copy the full text of one article but only one article from that particular issue of the journal or periodical.
For a website, you may copy up to the equivalents of 10% of the entire work as long as there is an acknowledgement, though the website may have a specific policy around this so try to check this thoroughly. In relation to videos in such a setting for instance putting it on blackboard, it is recommended that you link to video rather than directly embed it due to the notoriously complicated laws of copyright that may hinge on several different parties and difficulty to find the original owner. Do try though the link to the owner of that particular video.
As mentioned under the act, it may be possible to take images under fair use with proper attribution and place it on the blackboard and in lectures. However, these limits can be avoided. Alternatively, you can find copyright-free images that can be used without worry. The video below shows what tools you can use to do this.
If you wish to upload a video of a lecture or PowerPoint slides of a lecture make sure any material that is in either of these resources comply with copyright.
Any material you hold the copyright for and is your own work can be freely put up on blackboard. Any other material may be subject to copyright which may not fall under the ICLA license.
Copyright checklist for uploading works to Blackboard:
Can the work just be linked to instead of being uploaded for example a link to the ebook or article in question?
In general online sources, especially if they are in the library collection, should be linked to rather than uploaded to avoid any copyright problems. Please see this guide for how to create persistent links to library material https://libguides.itcarlow.ie/links.
What type of document is it?
Under the ICLA license, there are works that are not allowed to be copied these include music sheets and government reports. Please go the ICLA excluded works document to find out which items are excluded.
Is it a library book or your own book?
The license only covers books that are owned by the college such as those in the library. If it is your own, normal copyright rules apply.
How much of the work are you uploading?
It is up to 10% or a chapter whatever is shorter when the license is applied to copies the institute owns or for personal copies up to 5% or a chapter.
Keep a record as the Irish Copyright Agency will expect an assessment as to the quantity of material used and this will impact on royalties paid to copyright owners and on the license agreement and fee the Institute pays.
Remember to remove any items made available for this purpose once no longer needed.
The 2019 act has updated the provisions of the educational exceptions to include:
That both copying and communicating the copy falls under the exceptions for education produced by the act.
The replacement of reproduction rather than reprographing of documents including digital forms of copying.
Provisions for distance learning that allows the institution to communicate works of importance to distance students. Those students are allowed to make copies of those works.
That as long as a sufficient acknowledgement is given copies can be made of works available through the internet.