I asked our local copyright expert about this, from the Irish
perspective. Her response was as follows (inside [..]):
[
I think the advice from her tutors is incorrect under Irish law.
"Copyright is not infringed by anything done for the purposes of
examination by way of setting questions, communicating questions to
candidates, or answering questions." - Copyright and Related Rights Act,
2000 s. 53(5)
The national group that I am on to examine the implications of Copyright
legislation has interpreted this to include the preparation of a thesis,
and by extension I would say an essay. So long as the work is not going
to be published and is for examination purposes there is no legal bar to
what the student has done.
]
Dr. Sharon Flynn
Assistant Director
Centre for Excellence in Learning and Teaching (CELT)
National University of Ireland, Galway
Phone: 091 493481
http://www.nuigalway.ie/celt
http://learntechgalway.blogspot.com/
-----Original Message-----
From: Plagiarism [mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 15 January 2009 12:20
To: [log in to unmask]
Subject: Re: Copyright and diagrams from journals
There is a specific exception to copyright for the purpose of setting or
ABNSWERING examination questions. This includes any essay or other
assignment which gets marked. The tutors need to learn about copyright
law.... if need be I can dig out the precise clause of the Irish
Copyright Act that gives this permission, but hopefully this answer is
enough to put the tutors right.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: Plagiarism [mailto:[log in to unmask]] On Behalf Of Duncan,
Nigel
Sent: 15 January 2009 11:47
To: [log in to unmask]
Subject: Re: Copyright and diagrams from journals
That was my understanding too. I suppose there is a small possibility
that there are different statutory provisions in the Republic of
Ireland, but I would be very surprised.
Best wishes,
Nigel Duncan
________________________________________
From: Peter Armstrong [[log in to unmask]]
Sent: 15 January 2009 11:38
To: [log in to unmask]
Subject: Re: Copyright and diagrams from journals
I thought the general copyright licence most universities hold was
specifically intended to enable parts of published works to be used in
this way.
Regards
Peter Armstrong
Mark Tynan wrote:
>
> Hi all,
>
> This is my first time posting to this list so I'd appreciate any
> feedback on this query. A colleague passed on this query to me as I've
> taken an interest in the topic of plagiarism in my job here as
> librarian in University College Dublin.
>
> A physiotherapist came into the library who is doing a course through
> the University of Bradford in England. She has to write an essay -
> which is not being published - for her course. She is using diagrams
> from some journal articles/books in her essay but has come across a
> problem with using them.
>
> Both of her tutors have told her that she needs permission from the
> original authors to use the diagrams in her essay. She has referenced
> the diagrams both in her essay and in her list of references. But her
> tutors have told her that this is not enough, and that she needs to
> get permission from the authors to use them. If she does not get
> permission to use the diagrams, she has to alter them in some way, and
> use the words adapted from and reference the original diagram.
>
> She has emailed the authors, but has received no reply.
>
> Has anyone on the list ever heard of this?
>
> Thank you and regards
>
> Mark
>
> Mark Tynan
>
> James Joyce Library
>
> University College Dublin
>
> Belfield
>
> Dublin 4
>
> 01-7167165
>
> **********************************************************************
> *** You are subscribed to the JISC Plagiarism mailing list. To
> Unsubscribe, change your subscription options, or access list
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> **********************************************************************
> ***
--
Peter Armstrong, Business Support Manager CiCS, The University of
Sheffield,
285 Glossop Road, Sheffield S10 2HB
Tel: (+44) (0) 114 222 3091 Fax: ... 3040
[log in to unmask]
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