Publications

More information about publications and copyright.

The publisher asks me whether I want a CC-BY, CC-BY-NC, CC-BY-ND or a CC-BY-ND-NC. What do these abbreviations mean?

They refer to various Creative Commons licences.

CC-BY

CC-BY is the Creative Commons Attribution licence.

With a Creative Commons Attribution licence (CC-BY), everyone has permission to distribute, copy and modify your work on the condition that you are credited for the work. Modifying refers to translating, abridging, summarising or otherwise altering the work.

CC-BY-ND

The abbreviation ND stands for 'no derivatives', meaning that derivative work is prohibited.

With a CC-BY-ND licence, you permit the distribution and copying of your work on the condition that you are credited for the work, but you do not permit your work to be modified. In other words, your work may not be translated, edited or otherwise altered without your permission. The advantage of this is that no one can 'mess up' your work. A disadvantage is that if someone wants to translate or abridge your work or save it in a different format, this person first has to ask for your permission (and that of any co-authors) as long as the copyright applies. 

CC-BY-NC

The abbreviation NC stands for 'non-commercial use', meaning that commercial use is prohibited.

With a CC-BY-NC licence, you permit the distribution, copying and modification of your work on the condition that you are credited for the work, but you do not permit your work to be used for commercial purposes. In other words, your work may not be used commercially without your permission (and that of your co-authors).

In some cases, commercial use is clear, as in a company 'selling' your work despite the fact that it is freely available elsewhere. The problem is that there is a grey area when it comes to commercial use. Commercial use is not clearly defined: is it commercial use to index your work and make it easy to find on Google, to use it as part of a private collaboration or to reproduce it at the price of printing? For this reason, the use of NC is not recommended. 

More information

Am I allowed to make a copy of a work for colleagues in my organisation?

No, a natural person may make a copy for personal practice, study or use, but may not give the article to third parties without the copyright owner's permission. This is a form of reproduction, the rights to which belong exclusively to the copyright owner.

My personal website includes all of the research publications that I have written (or contributed to). Is that allowed?

That depends entirely on the options offered by the copyright owner.

The inclusion of a publication on a website is a form of reproduction and publication, the rights to which are reserved for the copyright owner. Much will depend on the terms and conditions of use granted to the actual author(s) by the copyright owner, or on the licensing conditions applicable to the publication.

More information

SHERPA/RoMEO

 

Am I allowed to send a publication of mine via e-mail?

That depends entirely on the options offered by the copyright owner.

Sending a publication via e-mail is a form of reproduction and publication, the rights to which are reserved for the copyright owner. Much will depend on the terms and conditions of use granted to the actual author(s) by the copyright owner, or on the licensing conditions applicable to the publication.

More information

SHERPA/RoMEO

 

Am I allowed to post my article on a website that is only accessible within my institution?

That depends entirely on the options offered by the copyright owner.

The inclusion of a publication on a website is a form of reproduction and publication, the rights to which are reserved for the copyright owner. Much will depend on the terms and conditions of use granted to the actual author(s) by the copyright owner, or on the licensing conditions applicable to the publication.

More information

SHERPA/RoMEO

 

Am I allowed to post my article on a website that is accessible outside of my institution?

That depends entirely on the options offered by the copyright owner.

The inclusion of a publication on a website is a form of reproduction and publication, the rights to which are reserved for the copyright owner. Much will depend on the terms and conditions of use granted to the actual author(s) by the copyright owner, or on the licensing conditions applicable to the publication.

More information

SHERPA/RoMEO

 

Am I allowed to send a preprint of my article via e-mail?

Yes, provided that the copyright has not (yet) been transferred or does not belong to someone else (such as your employer). Sending a preprint by e-mail is a form of publication, the rights to which are reserved for the copyright owner.

More information

SHERPA/RoMEO

 

What is copyright, and what does it mean to surrender it?

If you have written a publication, you automatically become the copyright owner (you do not need to do anything; no registration or declaration is necessary). This copyright determines who has legal authority over the publication.

The copyright owner is also the only one who has the right to make the article or book publicly available in any way, either on paper or via electronic means. These are called 'exploitation rights', and can be transferred from person to person via a contract (e.g. to a publisher). You may attach conditions to these transfers, such as 'only in this journal', 'only for hard-copy editions', 'only in Dutch', 'I also wish to be able to distribute the material either on paper or by electronic means' or 'my institution may include the work in a repository'. A number of higher education institutions either have or are working on copyright policies that include a vision and fundamental principles, in an attempt to exert influence on the agreements you make with your publisher. Enquire at your institution's legal department about the status of any such policy. 

Will a publisher still publish my article if a preprint is available online?

There are very few publishers left who object to the disclosure of a submitted article (preprint). In general this is therefore no problem.

My thesis is available on my own website – surely that's allowed?

Yes, unless you have signed a written agreement with the work placement host organisation that disallows open publication of the thesis.

Can my thesis be placed on a website that is only accessible within my institution?

This is a case of reproduction and limited distribution, and may only occur with your permission.

Most institutions will ask you to sign a 'Permission form for the inclusion and availability of your final thesis in a digital knowledge database', by which you grant your permission for reproduction and publication. If you have concluded an agreement with your work placement organisation stating that your thesis may not be published but may be made available within the institution, the thesis may be uploaded to a secure website.

Am I allowed to use my own thesis for future research/other projects?

These cases involve reuse, without modifications. And yes you may, unless you have agreed otherwise with the work placement organisation.

If you have signed the 'Permission form for the inclusion and availability of your final thesis in a digital knowledge database', others will also be allowed to reuse your thesis as part of research projects. 

Am I allowed to make changes to my thesis once it has been published?

These cases involve reuse, including modifications. And yes, from a copyright perspective it is allowed since you yourself are the copyright owner, unless you have agreed otherwise with the work placement organisation.

Am I allowed to quote from other people's work?

Yes, but only under the following conditions.

1. The quote must be part of a polemic, announcement, evaluation, scientific treatise or a message of a comparable purpose; 
2. The quote must be functional, i.e. it must support the content of the work in which it is cited, and may not be included for ornamental purposes; and 
3. The quote must cite the source, including a clear statement of the author's name. 

Am I allowed to make a copy of somebody else's article?

Yes, but only for personal practice, study or use. Only a person (a natural person) may make a copy, and without any direct or indirect commercial objective. And of course, only a short section of a book or journal may be copied. These same rules apply to digital publications.

Am I allowed to copy an article or publication for use by somebody else?

No, copying is only allowed for personal use

The only third party who is allowed to make a copy for somebody else is a person employed by a library who makes a copy for the person wishing to use it for their own personal practice, study or use. In all other cases, only the copyright owner is allowed to do so. Sending a digital copy (e.g. a PDF) to a fellow student is therefore not allowed.

How is 'fair remuneration' for the author organised?

In some cases, using the publications of others is permitted under the Copyright Act, provided that fair remuneration is paid to the author.

There is no definition of what is 'fair'. In such cases, the user must contact the author and agree on this remuneration. For the use of scientific literature in readers, users must contact the Publication and Reproduction Organisation Foundation (Stichting PRO).

Am I allowed to link to somebody else's article on our website?

Yes, linking is allowed, unless the link leads to illegally published works or allows a new audience to access content.

This applies, for example, if the link circumvents technical or other restriction/security measures, making the content that was initially only available to a restricted group available to a public that was not initially part of this (restricted) group.

Am I allowed to scan a paper copy of somebody else's article and save it on my computer?

If it is for personal use (i.e. for your own practice, study or use), then it is allowed. If a library performs the scan for somebody who wants the copy for personal practice, study or use, then it is allowed. Any other distribution of a scanned article requires the author's permission.

Am I allowed to send a paper copy of an article by e-mail?

No.

In order to e-mail a paper copy you will first need to scan it. Scanning is only permitted for personal practice, study or use; no further distribution of the scanned article is allowed. Sending an article by e-mail is a form of publication (and scanning is a form of reproduction), the rights to which are reserved exclusively for the copyright owner.

Am I allowed to use a paper (or other) publication by a colleague as part of my teaching duties?

Yes, provided the publication is used only for illustrative purposes in a (non-profit) educational setting.

Another condition stipulates that the article must be part of a teaching plan, or serve an academic purpose. The reader agreement for both research universities (WO) and universities of applied sciences (HBO) must also be taken into consideration. 

Am I allowed to change or add anything to somebody's article?

No, editing or modifying an article is a form of reproduction, the rights to which are reserved for the copyright owner.

You may make a translation for personal use, but permission is required as soon as you wish to distribute or publish it. Filming somebody else's work without permission is also prohibited.

 

What is plagiarism?

Plagiarism is the use of other people's work without acknowledging the source, which can lead people to believe the work is your own.

Is a third (e.g. commercial) party allowed to use my thesis?

No, this is only allowed if you have granted your permission to do so.

Does the education institution own the copyright for student works?

No, in principle students retain copyright ownership of their own work.

If a student creates work for the institution as an assignment in the course of their study programme, the institution may claim certain usage rights, e.g. that the work be placed in an electronic learning environment, and assessed by the lecturer or commented on by fellow students. An education institution may also demand that a work remain available during a certain period as part of an e-portfolio. From a legal perspective, the student issues a licence for this intended usage. He/she may do so in writing with the institution, but more often the agreement is made tacitly (electronic assignments simply need to be made public if they are to be assessed by others).

In order to give students clarity on the type of usage they agree to when uploading assignments, the intended forms of use can be clearly stated in the general terms and conditions of the relevant Digital Learning Environment (DLO). This way, students only issue a licence for certain types of use, and retain copyright ownership of their own work. This only differs if the institution arranges transfer of copyright with the student(s), which is only possible by means of a written agreement signed by the student(s).

How do I cite my sources properly?

Acknowledgement of sources is necessary for checking the sources used, and to provide clarity on the identity of the author or creator of the relevant work (or part thereof). A source acknowledgement must include at least the title, author, publisher, ISBN/ISSN, URL and date consulted (for websites).

There are also various guidelines on how to cite sources correctly (such as the APA), and software that you can use to save references and load them into your working document. Examples include Refworks and Endnote.

 

I have created educational materials in collaboration with some of my colleagues. Who owns the copyright?

The university of applied sciences is the copyright owner, provided that all authors are employed by the university.