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FAQS teaching and research uses

I want to distribute copies of documents in class for my university students, do I need authorization from the owner of the copyright?

The LPI, for the illustration of educational activities in the classrooms, allows regulated education teachers to reproduce, distribute and perform acts of public communication of small fragments of works and of isolated works of a plastic or figurative photographic character, generally excluded from the books of text and university manuals, provided that there is no commercial purpose, are works already disclosed and include the name of the author and the source (article 32.3 LPI).

When it is a book chapter, journal article or extension equivalent to 10% of the total work, the authorization of the author or editor is not necessary but they are entitled to a remuneration for it, except in the case that the university is the owner of the rights of the distributed work.

However, the law does not say anything about the distribution of full copies of documents for educational purposes, so in this case it would be necessary to have the authorization of the owner of the copyright.

When can I make the complete reproduction of a work without the authorization of the owner of the copyright?

When the reproductions are made exclusively for research or conservation purposes, for non-profit purposes, by museums, libraries, libraries, film archives, newspaper archives or archives of public ownership or integrated in cultural or scientific institutions (Article 37.1 LPI).

If I want to post on the web, intranet or Virtual Campus the papers presented at a conference organized by the UA, is it necessary to ask the author for permission?

If we want to publish the paper in a tangible medium (paper, CD, etc ...) we will do acts of reproduction by copying the work and distribution acts if we subsequently make the copies made available to the general public.

As reproduction and distribution rights are exclusive to the author of the paper, it will be necessary to request authorization. But if the author of the paper informs us that he has previously given those rights to a third party with exclusive character, we must contact the latter to authorize us.

Can I leave a copy of a book, as teaching material, so that my students can reproduce it in a manual or automatic photocopying machine of the UA?

No, well, although art. 37 of the LPI allows the reproduction of a work in a cultural institution, such as the University of Alicante, it can be done exclusively for research purposes by professors and doctorates and not for teaching purposes as the question posed.

In addition, this assumption would not fall under the exception of private copying, by which individuals make unauthorized copies of intellectual works for personal use and without profit, according to art. 31.2 of the LPI.

For teaching purposes, can I leave a copy of my notes, which include small fragments of several books with author data, on the photocopy machine of my faculty or center for my students?

It is lawful to include in a work of one's own, such as notes by a teacher, fragments of others of a written nature, already disclosed, provided that it is done as an appointment or for analysis, comment or critical judgment for teaching purposes. or research, indicating the name of the author and the work used.

In this case, no public communication is made, because only the students acquire the notes.

Can I include fragments of other people's works in my work without requesting authorization?

Yes, if the following conditions are met:

  • They must be fragments of works already disclosed.
  • It will be done as an appointment or for analysis, comment or critical judgment, for teaching or research purposes.
  • The source and the name of the author must be clearly indicated.

To include an alien photo in my work, do I need permission from the author?

We will not need the author's permission when:

  • The photograph is in the public domain. In the case of artistic photographs, they will become public domain after seventy years since the author's death, and if they are mere photographs, they will be twenty-five years old.
  • Photographic works may also be reproduced in teaching or research documents, indicating the source and the name of the author, as long as they are works already disclosed.

Are the materials found in the CV or in a virtual classroom protected by copyright?

As on the web, copyright is protected in virtual classrooms.

Unless stated otherwise, the authors (teachers, students ...) have the rights to any content they post. They have the right to be respected the intellectual property and the authorship of their works, studies and other achievements developed in the virtual classroom environment according to the provisions of the LPI.

What use can be made of the materials collected in a virtual classroom?

The materials that the teachers make available to the students in a virtual classroom can not be used for any purpose other than the personal use of the aforementioned students, unless expressly authorized by the authors of the documents or the owners of their property rights. intellectual, according to the LPI.

The use of notes, bibliographical material, etc. It is reserved for academic, teaching and training purposes. The total or partial reproduction of them by any means, as well as their dissemination and distribution to third parties is prohibited.

What if I want to include materials in the virtual classroom that I am not an author of?

For materials available lawfully on the Internet we will make a reference with indication of the corresponding link. If we want to include the material itself, not only the link:

  • If you have a Creative Commons license, you must respect the limits set by the license.
  • If you do not have a Creative Commons license, we must contact the person responsible for the page, blog, etc. and ask permission, informing him of the use we want to give him.

With regard to materials on paper we must take special care with the scanning and publication in the virtual classroom, because it violates the same rights as the distribution of photocopies in class without the author's permission.

In case of doubt, get in touch with the author, institution or publisher that has the rights.

Is it possible to post an electronic resource hired by the Library (under license) on a teaching intranet of the University?

Yes. The licenses of the electronic resources hired by the UA contemplate the use of the same by the users of our institution, regardless of the place where the access is placed. Some of them restrict the geographic location from which it is accessed, but not the web space in which the link is located.

Can scanned documents from other authors be posted on the web or intranet?

The dissemination of scanned documents on web pages or on an intranet is an act of public communication and, therefore, can not be carried out without the permission of the author or the person holding the rights, except in the case of works of art. public domain or that the use is included as an exception in the Intellectual Property Law.

If I want to post on the web, intranet or Virtual Campus the papers presented at a conference organized by the UA, is it necessary to ask the author for permission?

If we want to post the papers we will do two acts of reproduction, one when making the digital copy of the paper and another when storing the copy on our server. When giving access to the users to the paper, we will perform acts of public communication.

Both the rights of reproduction and public communication are exclusive to the author, therefore, once again, we must request your authorization. Unless you have exclusively transferred those rights to a third party, we will request your authorization.

I have written an article or a book, but it is not published yet. Is it protected by law?

Yes, the work is protected from the moment it is created, with the condition that it is an original creation . The author's rights in a work correspond to its author for the simple fact of having created it without requiring any special registration, although in practice it is advisable to register it in the Intellectual Property Registry , in order to have a medium test.

Can I make a work, work or article accessible on a personal website or repository after I have edited it?

If the work has not been published previously and / or the author has not signed a contract of assignment of rights, the author maintains the exploitation rights on his work and, therefore, may make it accessible through any means.

If the work has been published, the author should consult the contract of assignment of rights or publication or, failing that, request the corresponding authorization from the publisher or magazine that has published the work.

 

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