More information about audiovisual materials and copyright.
Yes, you are.
Only purchased DVDs are eligible for borrowing: home-made recordings (e.g. from television) may only be used within the education institution.
Yes, this is allowed for educational purposes, as long as it concerns parts of a video.
Videos can be edited in various ways.
1. One form of editing is annotation, which involves using graphic overlays to add arrows or other visual elements to a fragment of a programme. This does not alter the work itself; students or lecturers simply draw the viewer's attention to certain specific aspects. Within an educational context, this practice is defensible.
2. Other forms involve recutting or otherwise editing the existing material. This alters the original work, compromising the maker's intentions and therefore also their personality rights. Editing therefore usually requires the maker's permission. The licence that accompanies Academia materials expressly permits digital editing using special tools, such as the Virtual Cutting Machine (Virtuele Snijmachine).
In principle, you will need to ask for the composer's permission to do so.
Also be careful when distributing your film: submitting it to your lecturer as an assignment and putting it online are two different things. Putting somebody else's work online without permission is an immediate copyright infringement.
Photographs may be cited in their entirety without permission, subject to the conditions applicable to quotes. Just as with other quotes, pictorial citations must be relevant to the content and may not be more extensive than necessary within the context.
Please note: when using images, it is advisable to consider the potential publication of your assignment or report in places such as the HBO Knowledge Base. Any reuse in this context must also comply with the conditions set by the author/maker.
From a copyright perspective, teaching materials are the property of the education institution. You will surely be allowed to take pictures of the materials, however simply going ahead and placing them online is a copyright infringement.
If the video only contains material that belongs to you, then you can put it on Facebook.
If you have included any other people's work, you must ask for permission and pay fair remuneration, as posting on Facebook qualifies as the publication and reproduction of others' work. If others are to be featured in your film, they must be asked for permission beforehand for all of the film's intended purposes, i.e. both for the fact that they are being filmed and for the screening/distribution of the film. This applies to all forms of publication, and Facebook is no exception.
Uploading videos to a server means they will be copied, and stored and made public as a digital file. If the videos have been acquired legally for the library's collection, they may be made publicly available on an intranet accessible only within the library itself.
If they are from a physical collection of legally acquired films (i.e. stored on material data carriers such as DVDs, CDs or video tapes), then they may also be viewed.
However, the conditions governing the use of these films may prohibit viewing outside the household context (see also the exceptions for education under 'basic knowledge'). It is not simply permitted to make films available digitally, as this counts as a new form of publication for which permission must be obtained.
If you create your own video, as the maker you become the copyright owner. This right is associated with the creativity you apply, such as the conception of the scenario and script, video direction and/or your work as cameraman to film the footage.
However, you may create the video in collaboration with others who also make a creative contribution, and who therefore may also have a copyright claim to the video. The legislation also mentions the producer of the videos/films, i.e. the individual bearing the financial risk of the production and who has recruited the participants. If the video is made by a single person on their own account, this person is also the producer, in addition to the creator.
If there are other participating parties, the Copyright Act also states that all exploitation rights accrue to the producer, unless agreed otherwise in writing. This means that if a third party wishes to organise the rights for the use of the video, they only need to contact one person. If you have created the video as part of your job, or if your employer has given you the special task of doing so, in principle the copyright will accrue to your employer, the education institution.
If you take charge of the recordings and make a creative contribution in doing so, you may be regarded as the (chief) director. You must deal with others' copyrights if other people helped to create your video or appeared in it, and also if you wish to include other people's recordings in your video (or parts thereof). These situations are discussed below. The AV contracts tool can help you to determine and agree on the purpose of an AV production, as well as on how, where and by whom it may be viewed and used.
A video is 'used' if it is viewed, screened, downloaded, copied or edited. Depending on the situation, you may need to deal with copyright. You must be authorised in order to use audio materials created by others.
In principle, everybody who worked on the video is entitled to remuneration.
Usually, the remuneration for those on salary contracts who work on the video as part of their job is tacitly set to zero. However, external parties may also help to produce the video at no charge; you can ask for their collaboration on a voluntary basis. These types of remuneration agreements must be set out in writing, however, otherwise participants may demand fair remuneration afterwards. These agreements can be made using the AV contracts tool, which allows you to conclude contracts with the various parties who participate in your audiovisual production.
Everybody who is asked to feature in a video (e.g. to play a main/supporting role) and agrees to do so, automatically agrees to the use of his/her image (portrait) in the video. However, it is advisable to set out this permission in writing for all intended uses of the video; this can prevent protests afterwards, e.g. concerning portrait rights or privacy-related rights under the Personal Data Protection Act. The AV contracts tool can be used to make agreements with the participating parties.
Even if the participants are not professional actors (e.g. extras, interviewees or people giving demonstrations), it is sensible to have them sign a quit claim in which they agree to all intended uses of the video.
There are also those who enter the footage by chance, such as passers-by who walk behind an on-street interview. It is impracticable to obtain permission from all such people. Under portrait right legislation, they may only object to publication of the video (or photograph) if they have a reasonable interest in doing so, such as privacy (e.g. if a person is filmed in a compromising position or situation) or finance (Dutch celebrities may charge a fee for appearing on-screen).
Patients are subject to special regulations under privacy legislation.
Class recordings include shots of the lecturer and students (either stationary or in motion). You require people's permission (tacit or otherwise) when taking the footage; people may choose whether or not to appear on camera. Once the recordings have been made, those featured may only protest against publication if they have a reasonable interest in doing so.
The Personal Data Protection Act also prohibits the use of personal information that reveals details about a person's ethnic origins, religion, health, sexual orientation, criminal record or membership of political parties or trade unions. Classroom recordings that reveal a person's ethnic origins, religion or physical impairments are therefore problematic. In such cases it is safer to have recourse to express permission for use of such recordings, in the form of a quit claim. If the students are minors, the quit claim must be signed by their parents. Some schools inform parents when enrolling students that the school may make classroom recordings, and that the parents' agreement is assumed barring any notification to the contrary. However, when making any video recordings in which students are clearly portrayed and/or play a (possibly major) role, it is sensible to ask them (or their parents) to grant permission via a quit claim for the inclusion of their image in all intended uses of the video.
This is only allowed if the patient has given their express permission for the recording and its use for educational purposes. This permission is always required, as patients assume a confidential environment, and in most cases the attending physician is bound to patient-doctor confidentiality.
You must also pay attention to the possibility of medical or other personal data being revealed during the interview (and by the recording). Personal details may be stated directly, however it may also be possible to derive a patient's identity using a combination of medical or other information. In such cases, personal medical/other data is involved, which must be treated with the utmost care. The recording may not be stored for any longer than necessary, for example. You will need to take a close look at the requirements under the Personal Data Protection Act, such as the necessary technical and organisational measures to protect the personal medical/other data against loss or any form of illicit processing.
In view of the far-reaching measures required when recordings contain medical/other personal information, it is advisable to ensure that the interview (i.e. the recording) does not contain any personal information in the first place (i.e. information that can be used to identify the patient in question either directly or indirectly). The patient's permission (mentioned above) remains necessary, however.
Recordings in which you play the main role are subject to the same conditions as recordings of others. It is advisable to arrange your permission for the intended uses of the recordings (and any restrictions you wish to place thereon) in the form of a quit claim with either the producer or your employer. The same applies to other participants/entitled parties.
As a rule, the permission of the copyright owners is required when including sections of existing videos/films in your video. Contact the producer regarding this matter – their name is usually listed in the credits.
No permission is required if a protected work only appears very briefly and inconspicuously (e.g. buildings, posters or cars). Also, the right to quote allows sections of larger works (including images) or artworks to be included in educational or scientific recordings. For the full conditions, see exception 3 under 'Educational exceptions' in the Dutch Copyright Act. When asking for permission to include sections of film, the following problems are often encountered: the producer is unknown, cannot be located or does not respond to the request. In practice, the fragments in question are sometimes used anyway. If you do so too, you must realise that you will need to come to an arrangement and often pay a fee if the copyright owner responds afterwards. The worst that can happen is that the fragment must be removed.
The Copyright Act states that copyright for works (or contributions thereto) created by employees in the course of their duties under their employment contract belongs to their employer. This only applies to exploitation rights; personality rights remain with employees themselves.
The faculty may put student videos into a database, provided agreements have been made with the students.
These agreements may form part of the general terms and conditions of enrolment at the institution. As part of their study programme, students may be given assignments to make recordings, which are then viewed and commented on by lecturers and other students (e.g. as part of a course in a digital learning environment). Because this type of usage is inherent to the teaching method, students can be regarded as having given their permission. If lecturers wish to include student recordings in their teaching activities, in principle they require the students' permission. The AV contracts tool can help you to determine and agree on the purpose of an AV production, as well as on how, where and by whom it may be viewed and used.
They may only do so with your permission, unless the right to quote applies, however this only permits the inclusion of a fragment.
If you have used other people's film(s) in your recordings, then it is a compilation, for which you must have received permission from the copyright owners. The person wanting to use your video must also ask your permission to use it, since the existing material is being copied and published once again. The person using your video may also require permission from others who own the rights to contributions to your video, such as the composer and lyricist of the music made specially for it. If others have participated in your video (actors, musicians, scriptwriters, etc.) and you can be regarded as the producer, then the other person only needs to ask for your permission. If you created the video as a lecturer as part of your employment contract, the other person must ask your employer (the education institution) for permission to use the material (i.e. for a licence).
In short: ensure that the reuse of your audiovisual material is properly organised. Make clear agreements with other production participants beforehand. The AV contracts tool can help you to determine and agree on the purpose of an AV production, as well as on how, where and by whom it may be viewed and used.
No, you do not need to surrender them, unless this is (perhaps temporarily) necessary in order to assess them. You will also retain the copyright for any of your own recordings (the only exception to this is if you surrender it to the institution via a signed declaration).
The institution may demand some usage rights from you, one of which may be that any material that is part of your digital portfolio remain electronically accessible for a certain length of time, e.g. for use as study material by students or teaching staff. If the institution has sponsored or facilitated the recordings either wholly or in part (through funding or providing resources), it is reasonable for them to make certain demands regarding the exploitation of the recordings. The faculty may arrange for this via the general terms and conditions that apply to student enrolments.
However, in the event of potentially profitable recordings that turn out to offer unexpected exploitation options, both the student and the institution would benefit from concluding a separate licensing contract. If a lecturer wishes to use your recordings for illustrative educational purposes, your permission is required unless the recordings have previously already been publicly displayed with your permission, in which case they have already been made public and teaching staff may use them under the exceptions for educational purposes. Under exception no. 2 you may ask for a reasonable fee (it is also possible to agree on a fee of 0 euros).
Whatever the case, the institution is allowed to use the videos for the purposes for which they were created.
This means that teaching staff must have access to the videos in order to view and assess them. Other forms of use may be possible if the faculty has made agreements thereto with you as the maker. These agreements may form part of the general terms and conditions of enrolment at the institution.
You may play or screen an audiovisual work (either wholly or in part) without permission, provided you satisfy the following criteria:
· The video is played/screened for educational purposes during a class/tutorial/lecture and is a component of the study programme;
· The video must be played/screened at a physical location on campus; and
· The video must be played/screened as part of a non-profit education programme.
The Academia licence allows the use of archived television, radio and film materials by both students and lecturers as part of education programmes.
Anybody wishing to use a work in another way (e.g. by placing it on a digital learning environment, either wholly or in part) must arrange permission (i.e. a licence) with the copyright owner. Remember that when asking to use independent productions, you may need to ask for the permission of persons other than the copyright owner via a quit claim (e.g. people who appear prominently in the video).
If a serious search for the copyright owner is not successful, from a strict legal perspective the work may not be used.
Thankfully, there are some exceptions in the Copyright Act that allow use for educational purposes.
If none of these apply, in practice the works of unidentifiable or uncontactable copyright owners ('orphan works') are often still used anyway. A disclaimer is then added to the product or website including the name of the orphan work, and stating that the institution has done its best to locate the copyright owners of the works used but that these efforts were not (or not always) successful. An address is also given where copyright owners can make contact afterwards. If this occurs, in principle a licence fee will be paid in retrospect.
This cannot be used as a standard procedure, however; for each work to be used, you must evaluate the financial/other risks involved and realise that you run the risk of not being able to come to an agreement with the copyright owner afterwards. When searching for copyright owners, for assistance you may wish to contactVidema.
If you wish to reuse visual materials offered to you by someone else, it is your responsibility to make sure that the person doing so owns all rights to the work.
If you wish to incorporate the work into your own production and major financial interests are at play, it is sensible to ask the person offering you the work for an 'indemnity statement' stating either that they own the rights to the material or that they indemnify you against any and all claims that others may make regarding the materials.
There are websites offering film and image files that may be reused without permission. The conditions for doing so are often clarified under a Creative Commons licence. Some repositories also allow for the free reuse of materials for education purposes. Be sure to check which licence applies to each individual work.
Both recording and downloading are forms of reproduction, for which you require the maker's permission and for which they are entitled to a fee.
A number of exceptions apply, depending on the purpose for which the copy is to be made.
You may copy an entire work for personal private use without permission (Dutch Copyright Act, Section 16b), provided the copy is made from a legal source. Indirectly you already pay a fee for this right, known as the 'private copying levy'. It is important that copies intended for private study or personal use not be made public, e.g. by showing them in an educational setting. As soon as a private copy is made public, it has left the private domain and 'personal use' no longer applies. Once this happens, permission is therefore required from the maker and a fee must be paid in order to show it. This also applies to videos shown during student association meetings.
Recording or downloading a video for use (i.e. screening) in an educational setting is only permitted under educational exceptions 2 and 3 of the Copyright Act. Here too, the work must not be recorded or downloaded from an illegal source.
In summary, exception 2 allows for short works to be copied (and shown) in their entirety, but only sections of larger visual (or other) works. Fair remuneration must also be paid to the copyright owner.
The right to quote (exception 3) allows for the free copying and publication of a video fragment (or an entire short work) within the context of an educational or scientific setting.
As stated for the exceptions, much material from free-to-air broadcasters may be used for educational purposes after concluding an Academia licence. Films are also available online for which the maker has explicitly granted permission for (commercial or other) reuse, e.g. by means of a Creative Commons licence. These films may be copied and shown for free; this usage is normally subject to name attribution. (Incidentally, films can also be streamed directly from the Internet, so that you do not need to make a copy in advance.)
Photos and (parts of) sound recordings and other works may be copied and shown for educational purposes, subject to the conditions of the three educational exceptions described in the Dutch Copyright Act. You may also download a work in its entirety for personal use. Downloading from an illegal source is not permitted, not even for personal use.
Yes, on 10 April 2014 it became illegal to upload or download video files without the permission of the copyright owner.
Videos and DVDs for sale often expressly forbid the material to be shown for educational purposes. Special permission to do so must therefore be requested from the producer.
This prohibition is often circumvented in educational practice, however, and is defensible using the argument that the Copyright Act permits screening in the classroom, provided it is part of an educational programme.
Yes, thanks to an agreement between the Netherlands Association of Universities of Applied Sciences (HBO-Raad) and Videma.
No, this makes the material public in a way that is unrelated to education (more resembling entertainment), and so permission is still required from the copyright owner.
Movie licences can be obtained from Videma, a commercial organisation set up by film producers that collects licensing fees for public movie screenings. Videma charges lower rates for screenings by education institutions.
No, if it concerns an entire video, you require permission from the copyright owner.