Application of the Pedagogical Exception
In your courses you can use extracts of written works, images, both on paper and on digital media. Let's take a look at the possible applications of the educational exception to copyright.
WHAT IS AN EXTRACT?
- Duplicating a digital file
- Re-typing / copy and paste
WHAT DOES THE INTELLECTUAL PROPERTY ALLOW YOU TO DO?
The law provides for limits to guarantee a balance between the rights of authors and those of users. These limits and the scope of application of these exceptions varies from country to country. The limits that may interest you when writing academic papers, scientific articles, communications and presentations, theses, etc. they are: the time limit (the public domain) and the right of subpoena.
INTERNET DOES NOT MEAN FREE USE
The Internet is a new way of disseminating works, and therefore these are governed by the same Intellectual Property laws. Works found on the Internet are equally protected even if they do not carry the © symbol, may be freely accessible and may be very easy to copy.
THE PUBLIC DOMAIN
Public domain works are those whose exploitation rights have been extinguished and which, therefore, can be used freely by anyone as long as the authorship and integrity of the work is respected. In general, it can be said that works become public domain 70 years after the death of their author. For authors who died before 1987, the term is 80 years (an earlier law applies). Laws, court rulings and their official translations are also part of the public domain.
THE RIGHT OF SUBPOENA
The right of citation implies the inclusion in one's own work of fragments of already published works by other authors (or, in their entirety, in the case of images), in one's own work. It is regulated in article 32.1 of the LPI. Therefore, in accordance with the right of citation, you can include an image or a fragment of text from another work in your works as long as:
- Be reproduced faithfully.
- Whether relevant, they must respond to a purpose of citation, analysis or comment.
- Citations must be a supplement to your work, they cannot be the substantial part of your work.
- The new document that includes the quoted fragment must be made for teaching or research purposes.
- You must indicate the author and the source from which the fragment or image was obtained.
- The original source of the quotation is lawful (for example do not reproduce a fragment of a YouTube video if you know that the person who uploaded it is not its owner or does not have permission to do so).
You will need to ask permission from the rights holders when, in your works, you want to:
- Play an entire document (for example, a video).
- Manipulate or modify a document of which you are not the author.
- Upload a document of another author to the Internet.
This limit is aimed only at media whose mission is to report on current affairs. It is regulated in article 35.1 of the LPI. The exception allows for the reproduction of works that are news and to the extent necessary for the informative purpose (pictures, for example). It also includes the possibility of reproducing works incidentally.
TO WHOM CAN I DISTRIBUTE MY COPIES AND IN WHAT FORM?
You can only distribute your copies to your students, as part of a teaching session. These copies can be distributed on the institution's internal network, via email, on an LMS platform (Moodle), etc. On the other hand, it is forbidden to disseminate copies of works on the Internet unless permission has been obtained from the rights owners.
HOW TO RESPECT THE CONDITIONS OF USE OF THE WORKS?
In all cases you must cite the authors of the works you use. You must then declare the copied works to the Spanish Reproduction Rights Centre - Centro Español de Derechos Reprográficos (CEDRO) using this library's form
Copies or reproductions made from a lawful source are strictly reserved for the private use of the copier and not for collective use. However, the educational exception provides that copies or reproductions made from a database are permitted if the educational institution has subscribed to an academic licence to use the data for its students, teachers and researchers.