FAQs

» Copyright

What is copyright?

Copyright is a system of law designed to give creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, the right to control the ways in which their work is used. This includes broadcasting, public performance, copying, adapting, renting, lending to the public. It also includes what are known as 'moral rights', i.e. the right to be known as the author of the work and to object to distortions of the work in question.
Copyright is an automatic right that arises whenever an idea is given a fixed expression, i.e. written down, painted, filmed, photographed etc. It is important to note that copyright only protects the expression of an idea, not the idea itself. However, there are certain aspects that a work must have to be eligible for copyright: it must be original and exhibit a certain degree of labour or skill.
Usually the individual who created the work in question will be the copyright holder. However, in some cases individuals assign their rights to a third-party: for example, publishers usually require the copyright to any articles published in academic journals, rather than it remaining with the author. Any work commissioned by a third party would belong to the individual or organisation who commissioned the work, not the creator.
Copyright can be bought and sold, just as any other asset. It can also be bequeathed upon death to heirs or others until the duration of the copyright term has expired.

How do I know if something is still in copyright?

The duration of copyright varies depending on what the item is.

Literary, dramatic, musical or artistic works: 70 years from the end of the calendar year in which the last remaining author of the work dies.
Sound recordings and broadcasts: 50 years from the end of the calendar year in which the work was first created, or if released, 50 years from the end of the calendar year in which the work was first released.
Films: 70 years from the end of the calendar year in which the last principal director, author of the screenplay or composer of the score dies.
Typographical arrangement of published editions: 25 years from the end of the calendar year in which the work was first published.
Broadcasts and cable programmes: 50 years from the end of the calendar year in which the broadcast was made.
Crown Copyright: Crown copyright will exist in works made by an officer of the Crown, including items such as legislation and documents and reports produced by government bodies. Crown Copyright will last for a period of 125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.
Parliamentary Copyright: Parliamentary Copyright will apply to work that is made by or under the direction or control of the House of Commons or the House of Lords and will last until 50 years from the end of the calendar year in which the work was made.

Format	Known author	Unknown author	Unpublished works (known author)	Unpublished works (unknown author)
Literary, dramatic, musical or artistic works	70 years from the end of the calendar year in which the author dies.	70 years from the end of the calendar year in which the work was made, or if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.	(If created after 1989): 70 years from the end of the calendar year in which the author dies. (If created before 1989): Until 2039 or 70 years after death of the author, whichever is later date.	70 years from the end of the calendar year in which the work was made.
Sound recordings and broadcasts	50 years from the end of the calendar year in which it is released.	50 years from the end of the calendar year in which it is released.	50 years from the end of the calendar year in which it is made.	50 years from the end of the calendar year in which it is made.
Films	70 years from the end of the calendar year in which the last principal director, author of the screenplay or composer of the score dies. If the identity of one or more of these (director, author etc) is known and the identity of one or more others is not, copyright will expire at the end of the calendar year of the death of the last whose identity is known.	70 years from the end of the calendar year in which it is released.	70 years from the end of the calendar year in which the last principal director, author of the screenplay or composer of the score dies. If the identity of one or more of these (director, author etc) is known and the identity of one or more others is not, copyright will expire at the end of the calendar year of the death of the last whose identity is known.	70 years from the end of the calendar year in which it is made.
Typographical arrangement of published editions	25 years from the end of the calendar year in which the work was first published.	25 years from the end of the calendar year in which the work was first published.	Not applicable.	Not applicable.
Broadcasts and cable programmes	50 years from the end of the calendar year in which the broadcast was made	50 years from the end of the calendar year in which the broadcast was made	50 years from the end of the calendar year in which the broadcast was made	50 years from the end of the calendar year in which the broadcast was made
Crown Copyright	125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.	125 years from the end of the calendar year in which the work was made. If the work was commercially published within 75 years of the end of the calendar year in which it was made, Crown copyright will last for 50 years from the end of the calendar year in which it was published.	125 years from the end of the calendar year in which the work was made.	125 years from the end of the calendar year in which the work was made.
Parliamentary Copyright	50 years from the end of the calendar year in which the work was made.	50 years from the end of the calendar year in which the work was made.	50 years from the end of the calendar year in which the work was made.	50 years from the end of the calendar year in which the work was made.

» Photocopying

How much of a print book or journal can I legally photocopy for my own personal use?

Under copyright law, you are usually permitted to copy:

5% or one chapter of a book, whichever is the greater.
5% or one whole article from a journal, whichever is the greater.
5% or one whole paper from a set of conference proceedings or published report of judicial proceedings, whichever is the greater.
5% of an anthology of short stories or poems; or one short story or one poem of no more than 10 pages, whichever is the greater.
Short extracts of 400 words or less may be quoted or copied, but longer extracts will require the permission of the copyright holder.

Can I make multiple photocopies of a print journal article or book chapter for my students?

The University of Derby holds a Basic CLA (Copyright Licensing Agency) licence which permits staff to make multiple copies of extracts from printed books and journals owned by the Library for use by students or by lecturers in the course of teaching. The usual restrictions on amount will still apply, i.e. 5% or one whole chapter or journal article. You are permitted to make a copy for every student on the course and one for yourself as lecturer.
Inspection, proof or pre-publication copies supplied to you by publishers for review or on a sample basis cannot be copied, as these are not considered 'published' material. The licence does not cover copies made from your own personal library, unless the Library also owns its own copy, or the book in question is unavailable on the retail market, new or second-hand, and is not within the British Library's collection.

Can I photocopy a whole print thesis?

No, theses are subject to the same restrictions on copyright as any other printed material, i.e. 5%. You may be able to request a complete electronic copy of a thesis from the British Library's ETHOS service, or, if it is a recent University of Derby thesis, an electronic copy may be stored on UDORA.

Are there any materials I am not permitted to photocopy under the CLA Licence?

The CLA licence applies primarily to printed books and journals. Certain materials are excluded under the terms of this licence; these include printed music (including the words), maps and charts, newspapers, workbooks, work cards or assignment sheets, unpublished material, and any publication expressly excluded from the CLA licence by the publisher. You can find a list of publishers and countries excluded from the CLA licence at the CLA page here.
Some materials that are excluded from the CLA licence are governed by separate licences held by the University. See NLA Licence for newspapers.
If you wish to copy material that is not covered by the CLA or any other licence held by the University, or you wish to copy more than the limits allowed under these licences, permission will need to be sought from the copyright owner. The Copyright Advisor can advise you on this.

» Scanning

Can I make multiple copies of an electronic journal article or e-book chapter?

No, you cannot create multiple copies of electronic journals to distribute to students, either by distributing an electronic copy or by printing off multiple copies - unless the terms of the database in question specifically permits this. If you are in any doubt, please consult the Copyright Advisor.
If the journal article or e-book chapter has been supplied electronically via the British Library or another source of copyright-cleared material, then you may make multiple print copies from this source, i.e. you may print the article/chapter out for your students.
You may add static links to the webpage or database hosting the journal article or e-book: remember to link to the summary or abstract page and not directly to the PDF itself, as this is considered 'deep-linking' and can also involve bandwidth-theft if the file is particularly large.
It is considered best practice to link to the A-Z of electronic journals rather than a specific site, as this gives students the option of a number of different hosts to choose from. This avoids situations where a journal may only be hosted on one database and that database is inaccessible because of technical issues, for example.

Can i put a copy of an electronic journal article or e-book chapter on Blackboard?

In most cases, our CLA licence does not cover making copies of any electronic material. This is contingent on the terms of the licence of the database hosting the article.
You must check the terms of the licence of the database or site you are sourcing the article or e-book from. Most are limited to searching, reading and printing journal articles for personal use, teaching, learning and research. Some do permit the re-uploading of content to VLE, but it is important to check the terms of the licence for this resource. Contact the Copyright Advisor for advice on whether the terms of the licence for the database in question permit this.
The best practice is to create a static links to the webpage or database hosting the journal article or e-book: remember to link to the summary or abstract page and not directly to the PDF itself, as this is considered 'deep-linking' and can also involve bandwidth-theft if the file is particularly large.

» Electronic Journals

Can I put a scanned copy of a print journal article or book chapter on Blackboard for my students?

The CLA licence allows for the scanning of extracts from print books and journals owned by the Library and/or copyright-cleared versions supplied via the Copyright Clearance Unit. The usual restrictions on amount still apply, i.e. 5% or one whole chapter or journal article; and the digital copy must only be made available to the particular cohort of students and solely for the length of the module in question.
Only 'designated persons' within the University are permitted to scan material; if you want material scanned from a book or journal, you must ask the Copyright Clearance Unit to do this for you. For more information, visit the Copyright Clearance Unit page.
You may not use a scanned copy of a print journal article or book chapter if a digital version is already available, i.e. via an e-journal or an e-book subscribed to by the Library.

Can I link to a scanned or electronic copy of a book chapter or journal article via a reading list?

You can embed hyperlinks to digital copies stored in the Copyright Cleared Section of UDo. However, the reading list and the digital copies must only be accessible to the particular cohort of students on the module in question.
If you are linking to an external site, remember to link to the summary or abstract page and not directly to the PDF or document itself, as this is considered 'deep-linking' and can also involve bandwidth-theft if the file is particularly large.
It is considered best practice to link to the A-Z of electronic journals rather than a specific site, as this gives students the option of a number of different hosts to choose from. This avoids situations where a journal may only be hosted on several databases and one database is inaccessible because of technical issues, for example.

» Other Libraries

The Library doesn't stock an article or book chapter I want my students to read. How can I make it available to them?

The Digitisation Unit provides a service for locating copies of books or journal extracts that the Library does not stock. This involves paying for a copyright-cleared version to be supplied, usually by the British Library. This will then be uploaded to the Unit's Copyright-Cleared Resources page, to which you can link within Blackboard.
These resources must only be made available to the particular cohort of students on the module in question and only for the duration of the module in question. If you wish to use resources in a subsequent academic year the Unit will have to reapply on your behalf.

Can I make print or electronic copies of a book or journal supplied via Inter-Library Loan?

No. You can only make copies, photocopied or scanned, from books/journals that the Library owns or copyright-cleared versions of the same supplied via the Digitisation Unit.

Does the CLA licence cover the University's partner institutions overseas?

The CLA licence solely covers material copied in the UK; other licensing laws will apply overseas. Students at the University's partner institutions in Europe and Africa are not HESA-registered students of the University of Derby and are therefore not covered by the CLA licence.
However, distance learning students based overseas may still receive, print and download material copied under the CLA licence in the same manner as campus-based students.

» Examinations

Can I include the text of a published paper or a figure from it in my exam question?

The Copyright, Designs and Patents Act 1988 permits the use of any copyrighted material for the purposes of examination, except printed music. You may include quotations, images or figures in your exam question; hand out copied articles or book chapters for reference; play a sound recording or film, demonstrate a computer program - as long as all such uses are accompanied by a sufficient acknowledgement.
If the amount used exceeds the normal limits permitted under the CLA licence, i.e. 5% or one chapter/journal article etc, all copies must be collected and destroyed after the examination is concluded.

Can I make past examination papers available for students to consult?

The Copyright Act allows use for the purposes of examination only; consulting past papers is considered study or revision, and therefore the blanket exception for examination is not applicable.
Past examination papers can only be made available if:

permission has been granted, either explicitly in writing or implicitly via Creative Commons licence or other such copyright waiver; OR
the third-party copyrighted material was originally sourced from a copyright-cleared version, i.e. scanned by the Digitisation Unit from a print copy owned by the Library or supplied via the copyright clearance system, and;
the amount used does not exceed the normal rules governing the amount of content permitted, i.e. no more than 5% or one book chapter/journal article.

If the copyrighted material was not taken from either of these sources, is exempt from the CLA licence, or exceeds the licensed limit, or permission has not been granted for use, it must be removed from the paper. An alternative may be, for example, to remove the copyrighted material and insert a reference directing students to the original work.
If you still wish to retain third-party content in the exam paper, you must either obtain a copyright-cleared version or permission from the copyright owners. The Digitisation Unit can advise you on this.

» Audiovisual Material

Where can, and how do I, find images/videos that have no copyright restrictions?

The University of Derby subscribes to a number of databases that contain images and videos that have been pre-cleared for use. These include databases such as Bridgemann Education, Freeimages, SCRAN and Wellcome Images. You can find a list of these databases at the Images and Multimedia Collections page.
Many images on sites such as Flickr are uploaded under a Creative Commons licence that allows users to use, reproduce and/or adapt the material. It is always important to check the terms of the licence before using these images: there are different levels of usage permitted, and some licences require that you make any resources you have created using these images freely available under Creative Commons.
You can use the Creative Commons Search facility to search sites such as Flickr, Google Images, YouTube and Fotopedia for Creative Commons-licensed images and videos.
Sally Forrest, Subject Librarian for the Arts, Design & Technology faculty, provides an image sourcing service for academics called ImageFinder. You can find contact Sally via the ImageFinder email address, imagefinder@derby.ac.uk
The University of Derby holds an ERA licence which enables us to make off-air recordings of any programme broadcast on the primary free-to-air television and radio channels, i.e. BBC, ITV, C4, Channel 5 and S4C. It does not include pay-per-view or satellite channels or Open University programmes aired on any of these channels. Under the terms of this licence you are permitted to show programmes in lectures, tutorials etc and create clips or extracts to embed in presentations or PowerPoints. You can find more information on the ERA licence on our ERA page or at the ERA Licensing Scheme website.

Are there any copyright issues around using YouTube videos in the classroom or embedding them into online course materials?

Use of YouTube videos in teaching largely depends on whether the video in question is in itself an infringing work. Many users of YouTube do not own the copyright of the content they upload: either the video itself or the associated soundtrack; if you were to subsequently embed or link to the video in question to the VLE, you and/or the University would be liable for copyright infringement.
Many legitimate copyright owners, such as CNN, BBC etc. have their own YouTube channels. These are usually clearly distinguished by logos or branding and often have some kind of copyright usage statement. You may use these videos as long as you adequately acknowledge them and embed them within your Blackboard page or presentation using the code provided.
If you are unsure how to use YouTube to embed videos within Blackboard, consult the Technology Enhanced Learning team for assistance.

Can I use images in my lectures? Can I include them in handouts? Can I put them on Blackboard?

Any images used must be sourced from copyright-cleared material. This means either scanned or photocopied from an original copy owned by the Library, i.e. from a print book or journal; sourced from a copyright-cleared document supplied by the Digitisation Unit; sourced from a copyright-cleared image database subscribed to by the Library such as Bridgemann Education or SCRAN; or free to use under a Creative Commons licence. Wherever your images are from, always remember to sufficiently acknowledge your source.
As long as images are sourced from copyright-cleared material, you are permitted to use them in lectures, in handouts or on Blackboard.

Can I make screenshots of software and use them in handouts/presentations etc?

Unfortunately here is no clear answer on this issue. Screenshots are considered 'derivative works' under copyright law and are therefore protected in the same way as the original software. Unless the licence of the software in question states otherwise, you should assume that use of screenshots is restricted.
Some software licenses do permit use of screenshots - Microsoft, for example, permits use of screenshots as long as:
A) the shot does not include the start-up, splash or boot up screens
B) is not taken from software still in beta stage
C) does not contain any third-party content
D) the shot is not edited in any way other than resizing.
It is possible that screenshots could potentially be permitted under the 'fair dealing' clauses in the UK Copyright Act when used for educational purposes. However, this is not clear as the law currently stands, and if you wish to use screenshots of computer software it is advisable to seek the advice of the Copyright Advisor first.

Can I use podcasts in lectures/presentations?

You may not use podcasts, unless you yourself or the University holds the copyright, as these are considered an on-demand service and are not therefore covered by the ERA licence; or they have been made available for use under a Creative Commons licence.

Can I show content from BBC iPlayer to students during my lecture? Can I put it on Blackboard?

Recently agreed terms between ERA and BBC and C4 have extended the ERA licence to cover the BBC iPlayer and Channel 4's 4onDemand service. You can now directly stream these videos for display in lectures and embed the videos within Blackboard; however, most of the videos available through these services have a time limit, often 30 days, beyond which they are unavailable.
Please note that this only applies to BBC and Channel 4 at present. The ERA is currently negotiating with other channels, including ITV and Channel 5, but no agreement has yet been reached.
You can find more information on the ERA licence on our ERA page or at the ERA Licensing Scheme website

Can I include a broadcast TV or radio program in my lecture?

The University of Derby holds an ERA licence which enables us to make off-air recordings of any programme broadcast on the primary free-to-air television and radio channels, i.e. BBC, ITV, C4, Channel 5 and S4C. It does not include pay-per-view or satellite channels or Open University programmes aired on any of these channels. Under the terms of this licence you are permitted to show programmes in lectures, tutorials etc and create clips or extracts to embed in presentations or PowerPoints. You can find more information on the ERA licence on our ERA page or at the ERA Licensing Scheme website.
All of the recordings made under the ERA licence must be monitored and details recorded for an annual audit. You must therefore not make recordings yourself. If you want a program recording, you must request that IT Field Services do this for you. Please try and ensure you make your request at least 48 hours in advance of the airdate.
Please note that Open University programs are specifically excluded from the ERA licence. Additionally, third-party advertisements are not included within the ERA licence, as the various ERA members/participants do not own or control the rights to these.

Can I record and use parts of TV or radio programs in my lecture?

Yes, the ERA licence allows extracts or clips to be taken from broadcast television or radio programs, as long as the content is used as broadcast. You cannot edit or adapt the content in any way, e.g. add a different soundtrack or voiceover, use post-production effects or use the clips in creating a new video.

Can I show a pre-recorded commercially-bought DVD to students during my lecture?

Yes, as long as the video is being shown for educational purposes and not entertainment, and the audience is solely made up of academic staff or students.

» Photographs

Do I need consent from people included in photographs I have taken?

Signed consent is required from any individual that is the subject or primary focus of your photograph if you intend to use the image commercially. This includes use on public-facing University webpages, prospectus, marketing or advertising materials. You do not need consent from every individual in a crowd shot or for pictures of groups at public events.
You do not need written consent if you plan to use the images for a personal or non-commercial purpose, i.e. you may upload them to Flickr but cannot licence them for a company or organisation to use. It is polite however to obtain verbal consent if your photograph includes only one or two people and will be publicly visible.

Can I take a photograph of a copyrighted work?

You will always need to obtain permission of the copyright owner in order to take a photograph of a copyrighted work. A photograph is considered a derivative work, and copyright law solely invests the right to create derivate works in the copyright owner.
You may take photographs of works that are in the public domain (for artistic works, the duration of copyright is the lifetime of the creator plus 70 years), regardless of who owns them. However, be aware that many galleries and museums have terms of entry that prohibit or restrict photography of exhibits.

» Newspapers

Can I reproduce an article from an online newspaper for my students?

The University holds an NLA (Newspaper Licensing Agency) licence covering the print and online versions of all the major UK daily and Sunday newspapers (excluding the Financial Times), as well as some regional newspapers. This permits up to 250 print copies of any article to be made. However, it does not include images or advertisements, as the newspaper will not hold the copyright to these.
We also subscribe to the InfoTrac FullText Newspaper database, which incorporates a wide variety of regional, national and international newspapers and magazines. The licence for this allows you to make a single, non-electronic copy for private or research purposes: a PDF version of the article is usually available to download.
The NLA and InfoTrac licences only cover printing; they do not extend to making digital copies via scanning, downloading etc. If you do not wish to create print copies for your students, it is best practice to either link to the newspaper website homepage and direct students to the article in question or use the static links provided by InfoTrac.

Can I reproduce an article from a print newspaper for my students?

The University holds an NLA (Newspaper Licensing Agency) licence covering the print and online versions of all the major UK daily and Sunday newspapers (excluding the Financial Times), as well as some regional newspapers. This permits up to 250 copies of any article to be made. However, it does not include images or advertisements, as the newspaper will not hold the copyright to these.
We also subscribe to the InfoTrac FullText Newspaper database, which incorporates a wide variety of regional, national and international newspapers and magazines. The licence for this allows you to make a single, non-electronic copy for private or research purposes: a PDF version of the article is usually available to download.
The NLA and InfoTrac licences only cover printing; they do not extend to making digital copies via scanning, downloading etc. If you do not wish to create print copies for your students, it is best practice to either link to the newspaper website homepage and direct students to the article in question or use the static links provided by InfoTrac.

» Maps

Can I photocopy maps?

Maps are excluded from the CLA licence. Under the terms of fair dealing, you are only permitted to take one A4 sized copy of a portion of a map for private research or study. You cannot make multiple copies or use it as a handout or include it in a PowerPoint.

What do I do if I need to use maps in the course of my teaching?

Copyright duration for maps is for 50 years from the date of publication. Any historical maps, therefore, would be free to use under copyright law. Maps created or published within the last 50 years would require permission of the copyright holder and most likely a fee to pay.

» Seeking permission

How do I identify the copyright holder for material and how should I go about seeking permission from them if I want to use their material?

Most reputable sources of information will have some form of publication and/or copyright information statement. Look for the © symbol: on websites it is usually at the bottom of the webpage; in journals and books it is usually on the inside title page. If there is no author or creator listed, try looking for publishers' details.
A useful resource to try is WATCH (Writers, Artists, and Their Copyright Holders), a database of names and addresses of copyright holders or contact information for authors/artists with material housed in archives in America and the UK.
If you cannot find any copyright statement or reference to an author or copyright holder and do not want to spend time and effort tracking down the copyright holder, it may be wise to look for an alternative source of information.
If you require advice or assistance in identifying a copyrighter holder, please speak to the Copyright Advisor.

Can I ask the publisher directly for permission to use a journal article in my teaching?

If you want to use more than the permitted amount under the terms of the CLA licence, i.e. 5% or one chapter/journal article/conference paper etc, you will need to ask the publisher for permission. If you require a digital version, the Digitisation Unit can do this on your behalf. If you wish to use photocopies for use in class, you would need to contact the publisher directly. The Copyright Advisor can advise on seeking this kind of permission.

What if I cannot identify the author or copyright holder?

A work where the copyright holder is either unknown or untraceable is known as an 'orphan work'. This often happens when a copyright holder is unaware that they own the copyright to a work, or when a holder has died and it is not clear to whom who his/her work has passed. Sometimes it may be that a company or organisation has ceased to exist and it is not clear to whom ownership of the work has passed. Very often it is simply that the work in question bears no stamp or record of ownership.
Unfortunately it is not permitted to use an orphan work simply because a copyright holder is unknown or unreachable. The work is still subject to copyright law, and the risk that a copyright holder may surface and object to the use is too great.

» UDORA

What do I need to check before adding a copy of a published paper to UDORA?

Most publishers' licences allow authors to include a copy of their published paper either on their personal webpage or their institutional repository. Check on the SHERPA/ROMEO site as to whether your publisher allows this, and if so, which version of your publication you may upload - the publisher's or a pre- or post-print version:

The publisher's version is the specifically arranged version as it appears in the journal, including font, type-setting and layout. A few publishers will allow their PDF to be uploaded, but it is important to check.
A pre-print is the version of your journal article prior to peer-review and editing, often prior to any contact with the publisher at all. It is important you preserve this version, even after publication, as it may be the only version you are permitted to upload.
A post-print is the version of your article accepted for publication after peer-review, fact-checking, editing - it usually differs to the published version only in format and layout.

There is sometimes a 12 or 18-month embargo from the date of publication - again, it is important to check with your publisher.

» Publication

What do I need to check for in a publisher's copyright from when I get an article accepted in a journal?

When your article is accepted for publication in a journal, you as the author will sign a form laying out the terms of the publication contract between yourself as the author and the publisher in question. These contracts are obviously legally binding and it is important you know what you are agreeing to.

In most cases you will be required to assign the copyright to the publisher. Assigning the copyright to the publisher means that they own the copyright to your article for the duration of the copyright term. You retain your moral rights, i.e. the right to be identified as the owner, but the publishers holds the copyright, and you would need to seek permission for any subsequent use of your article. Most publishers prefer this option, as it removes all ambiguity as regards ownership, and allows the publishers to negotiate subsidiary licences or to act in cases of copyright infringement or plagiarism.
Occasionally a contract will specify a licence to publish instead of assignment: this means that you are granting the publisher an exclusive licence to publish your article but you retain the copyright.

The publication contract is not simply one-way: most contracts contain clauses requiring the publisher to act on your behalf in cases of copyright infringement or plagiarism; to ensure that your article is correctly catalogued and metadata-tagged to facilitate discovery by search engines; to negotiate permissions and licences for database aggregators, for example; to ensure your article is safely archived and a copy deposited in a Legal Deposit Library.
It is also important to check the contract for any clauses pertaining to open access or institutional repositories. The University of Derby, like most higher-education institutions, has its own institutional repository, known as UDORA. Many publishers permit authors to deposit a preprint (i.e. a version of your article created prior to editing and peer-review) in their institutional repository. There is sometimes a 12 or 18-month embargo from the date of publication - again, it is important to check with your publisher.

What can I do with my journal article once it is published?

Once a journal article has been accepted for publication, you are bound by the terms of the contract agreed between yourself and the publisher.
In most cases your contract will likely grant you permission to upload a pre- or post-print version of your article to your own personal website or institutional repository, with an adequate disclaimer. You may not use the PDF used for publication, as the format and layout are copyrighted by the publisher. There is sometimes also a 12 or 18-month embargo from the date of publication.
If you wish to re-use diagrams, illustrations or build on the research in a subsequent paper, you will need to seek permission from your publisher, as they will hold the copyright to the material.

Can I put all my published papers on a website for others in my field to read?

This depends on the terms of the various contracts signed between yourself and the respective publishers. Most publishers allow a single copy of a journal article to be uploaded either to the author's personal webpage or to an institutional repository - not both.
If your publisher does permit this, it is important that you check which version of your publication you may upload - the publisher's or a pre- or post-print version:

The publisher's version is the specifically arranged version as it appears in the journal, including font, type-setting and layout. A few publishers will allow their PDF to be uploaded, but it is important to check.
A pre-print is the version of your journal article prior to peer-review and editing, often prior to any contact with the publisher at all. It is important you preserve this version, even after publication, as it may be the only version you are permitted to upload.
A post-print is the version of your article accepted for publication after peer-review, fact-checking, editing - it usually differs to the published version only in format and layout.

Do I have to get my co-authors' permission to upload my article to UDORA?

If you have co-authored any papers with other academics, you will need to seek their permission before uploading anything to UDORA, unless you have agreed otherwise beforehand.
You may also need to clarify your position with your publisher: most publishers allow a single copy of a journal article to be uploaded to the author's personal webpage or to an institutional repository. However, where there is more than one author, the publisher may not necessarily consent to each individual uploading to a separate website or repository.
It is always best practice to draw up some kind of agreement when you commence a joint paper, to avoid any awkwardness later. You may wish to include an agreement on the split of any possible royalties, for example, or rights to use the work as the basis for future research.

What do I do if I have past research papers uploaded to my previous institution's repository?

Most publishers will only allow you to have your papers uploaded to one website or repository. You will therefore need to arrange to have your research output removed from your previous institution's repository, either by removing them yourself or arranging for the department in charge of the repository to remove them for you.
It is important that you do not upload any content to your new institution's repository before all content has been removed from the previous institution's repository. Failing to observe this could be construed as a violation of the contract/licence between yourself and your publisher(s).

» Creative commons

What is Creative Commons and how does it affect what material I can use for educational purposes?

Creative Commons is a system of licensing that allows copyright owners to specify different levels of rights protection for their work. It is a flexible form of copyright protection and usually allows users more freedom of use than traditional copyrighted material.
There are six different levels of licence, and it is important you check which licence has been specified when looking for copyright-protected material you wish to use:

1. Attribution

Can use, edit and adapt work
For all purposes, even commercial
Original must be credited

2. Attribution-NoDerivs

Can use and redistribute work only
Cannot be edited or adapted
For all purposes, even commercial
Original must be credited

3. Attribution-NonCommercial-ShareAlike

Can use, edit and adapt work
For non-commercial purposes only
Original must be credited
Adaptations/derivative works must be licensed for others under same licence terms

4. Attribution-ShareAlike

Can use, edit and adapt work
For all purposes, even commercial
Original must be credited
Adaptations/derivative works must be licensed for others under same licence terms

5. Attribution-NonCommercial

Can use, edit and adapt work
For non-commercial purposes only
Original must be credited

6. Attribution-NonCommercial-NoDerivs

Can use and redistribute work only
For non-commercial purposes only
Original must be credited

What are the implications of the various Creative Commons licensing restrictions? E.g. when can I edit the material? How do I attribute material, edited or original?

Not all Creative Commons licence allow for 'derivative works' to be made from copyrighted material. It is important to check which license material has been distributed under; if a licence has the ND ('NoDerivs') symbol, you can only use, download and/or redistribute the material, not edit or adapt it.
Any material used under a Creative Commons licence must be referenced in the usual manner using, for example, the Harvard referencing system. It may also be beneficial to add the details of the Creative Commons licence at the end of your reference, for example, 'used with permission under Creative Commons licence'.
If you have edited or adapted the original material, you need to acknowledge this, e.g. 'This is an adaptation of [title or name of work used] © 2012 Joe Bloggs. This work is made available under the terms of the Creative Commons Attribution-ShareAlike 3.0 license, http://creativecommons.org/licenses/by-sa/3.0/'
If you have used material under one of the 'ShareAlike' licences, you must make your work available for users to use under the same licence.

Can I Creative Commons my own work? What process is there to go through?

You can Creative Commons your own work, although it is important that you fully understand the difference between the various licences, particularly those allowing commercial use. Also note that you may not have the authority to Creative Commons anything you have created as part of your role at the University - copyright in anything created by you as part of your job belongs by default to the University.
There is no registration process to go through. All you need do is go to the Creative Commons page and choose which licence best meets your goals or aims. Once you have chosen a licence you need to mark your work in some way so that others know you have chosen to make your work available under the terms of that licence.
If your work is hosted on a website, you can use one of the Creative Commons licence symbols to mark your work. There is a step-by-step licence chooser that you can work through, which will advise you of the best licence for your purpose and generate an HTML code for you to upload to your site.
If you are marking some form of offline content, you can use some variation of the following statement on your title page or at the foot of each page: '© 2012 Joe Bloggs. This work is made available under the terms of the Creative Commons Attribution-ShareAlike 3.0 license, http://creativecommons.org/licenses/by-sa/3.0/

» Crown copyright

What is the Open Government Licence?

The Open Government Licence is designed to encourage the use and re-use of information created within the public sector, such as legislation, government codes of practice, government reports and official press releases, and many other public records.
Anything released under the Open Government Licence is freely available for copying, adapting, transmitting or incorporating into another source of information in any other medium, unless otherwise stated.
Some material is exempted from this licence, including but not limited to: personal data, unpublished and/or undisclosed information, logos, coats of arms, crests and the Royal Arms, military insignia, material owned by third parties, and identity documents such as passports or drivers' licences.

What is Crown Copyright?

Crown Copyright is governed by the terms of the Open Government Licence.
Any material created by employees of the Crown in the course of their duties is covered by Crown Copyright, including ministers and civil servants. It includes material such as government codes of practice, acts of Parliament, government reports and official press releases, and many other public records. It also applies to any material created by or under the direction of Parliament prior to 1 August 1989. Anything created after that date is subject to Parliamentary Copyright.
Material released under Crown Copyright is, in most cases and unless otherwise stated, available to use without permission of the copyright holder, as the Crown has waived their copyright. This means you can copy, adapt, disseminate and reproduce the material without prior permission, as long as you acknowledge the source.

What is Parliamentary Copyright?

Parliamentary Copyright is governed by the terms of the Open Parliament Licence. It covers any material created by or under the direction of Parliament after 1 August 1989. This includes Hansard (Lords and Commons), Parliamentary Bills, White and Green papers, reports of Select Committees etc. Prior to this date material is covered by Crown Copyright.
Material released under Parliamentary Copyright is, in most cases and unless otherwise stated, available to use without permission of the copyright holder. This means you can copy, adapt, disseminate and reproduce the material without prior permission, as long as you acknowledge the source.
The Open Parliament Licence does not cover: personal data; unpublished and/or undisclosed information; material owned by third parties; the Crowned Portcullis logo; images featured on Art in Parliament; Parliamentary Archives; parliamentary photographic images; live and archive video or audio broadcasts.

» Other copyright questions

What are the restrictions on me modifying work developed at UoD but using elsewhere?

Unless otherwise negotiated, anything you create specifically for your teaching role, in work time or otherwise, remains the copyright property of the University. In addition, anything you create in your own time using University resources may also be copyrighted by the University. If you wish to use material or resources created as a part of your academic role in a non-work context outside of the University, you may need to get permission.

Do the same rules apply to non-credit-bearing courses under the University of Derby Corporate umbrella?

The CLA licence is intended to cover the academic activities of staff and students at the University of Derby. Individuals enrolled on commercial courses under the University of Derby Corporate umbrella are still registered students with the University and included in our HESA returns, therefore any copying activities by or for these individuals would still be covered by the CLA licence.
However, it is always important to check whether the material you wish to copy is covered by the CLA licence, as some publishers have opted out of this scheme, including a number of business-related publishers.

My research is being funded by a commercial third-party organisation - am I still covered by the CLA licence?

As long as the research is contracted between the third-party organisation and the University, as opposed to you as an individual, then you are permitted to make copies of copyrighted material as detailed above for both your research team and the third-party organisation. Please note this does not apply in cases where the third-party is merely sponsoring a student, fellowship or placement. There must be some form of contract, collaborative research project or consultancy in place.
Any material supplied to a third-party organisation is subject to restrictions regarding further use, and must incorporate the Copyright Legend set out in Schedule 4 of the CLA licence agreement.

Do I own the copyright to my handouts, class material, examination papers, coursework etc?

As an employee of the University of Derby, any material that you create in the course of your employment belongs to the University of Derby. If you wish to use anything you have created in future employment at other institutions, you will have to seek permission.