Copyright and Licenses checklist#
This page reuses adapted CC BY content from the TU Delft Library. (TU Delft Library, 2024). Find out more here.
User types
This page is useful for user all user types.
The previous sections have familiarized you with the necessary software for your user type, the basics of Git, and how to collaborate with your team using Git. Now it’s time to create your own content. This section will provide an overview of the copy right laws which need to be taking into account when creating and including content at TU Delft!
Although the focus of TeachBooks is mostly to help the teaching staff create interactive textbooks for their students, it can be attractive to spread ones wings a bit and reach a wider audience. The checklist on this page provides a quick overview of the minimium information you should be aware of when getting started in terms of copyright, avoiding legal issues and making your life easier later on when/if you decide to publish your book with an open license, for example via TU Delft Open.
For more information specifically related to online books read the following pages; for more generic information about publishing visit the TU Delft Copyright website.
The Copyright Checklist#
This checklist is meant to quickly illustrate the proper way of using the copyrighted work of others. In particular for online books that are available on the internet, it is important to be aware that publicly accessible content is already considered published.
Item 0: Your book is already published!#
0) If your book is accessible online, it is already published!
This may surprise you, but legally speaking, once your book content is available online, it is technically already published. A quick search on the internet reveals most definitions involve two key words: to issue something for distribution. Thus, the act of sharing book material with students via the internet is a form of publishing. Of course this is different than doing so via an established publisher, for example: others may not be able to easily find the material, the product may be unfinished, mistakes may be present, etc. However, this means that copyright ownership and authorship has been established and must be considered (by you!) in at least two ways:
You are responsible for properly attributing the work of others included in your book, and
You should explicitly state how you would like others to (re)use the content in your book.
The remaining checklist items cover the first point, which is where the risk of legal and financial consequences for you and your employer lie. Continue with the following pages to find out more about the second point.
Items 1-4: Attribute the work of others properly#
1) Your own new content
If you have created the content yourself, you are allowed to use it if there are no other agreements in place.
Note that this is specifically for new content; as in unpublished anywhere else! If you have already published it elsewhere, you should attribute yourself as if you would any other material.
2) Somebody else’s content
If you want to reuse someone else’s work (that is not released under an open license!) you need to ask for permission. When you ask for permission please do it in a written format and let the copyright holders know that you are going to use their work in an open licensed work.
If you are granted permission, be sure to exclude the work from the open licensed conditions specified in your book (typically easiest by stating so in the attribution/footnote/caption, as well in the colophon of the work). If you have asked for permission and received no answer, consider it as a negative response and abstain from using the work you were intended to.
If you really need to reuse someone else’s work, please also check whether the copyright exception right to quote is applicable to you.
Here are a few selected answers from the Copyright Information Point:
3) Your own old content
Even if created by you, you need to attribute yourself in order to avoid self-plagiarism. If the material has an open license, this is straightforward. If there is no license, or a non-open license, you may need permission from your university (the copyright holder; explained here). Read more here
If you want to use your own content that a (commercial) publisher has published, you must check your contract to see if you are allowed to use it. Read more here.
Even if you have created the work yourself but years ago, check whether you have the right to reuse it. If you have created it while you were under the employment of your previous employer, then you will need to ask permission from them.
4) Open licensed work
Work by others that is provided with an open license can be used without asking for permission; if you find yourself considering whether to reuse someone else’s work that does not have an open license, you should try to check if there is an alternative available that is provided with an open license (i.e., replace the work you wanted to reuse in the first place). It turns out there are many online platforms that can help you locate open licensed work.
If you use open licensed work, you need to attribute the license under which the work is licensed and you need to check the compatibility of the licenses. This means you need to check which license the work you want to reuse has as well as the license that your TeachBook will be provided with (more information is provided on the Licenses page).
When you want to adapt previously published work you need to ask permission for it. Otherwise please check whether you can find an open licensed work that you can adapt if their license it permits it.
A Final Note: Open Licenses Make Life Easy!#
If it’s not clear by now, hopefully you see the value of creating and using material with open licenses. This makes it much easier to reuse content, as the license itself allows for this, and you don’t have to spend time asking for permission!
Find out more about open licenses specifically for books on the following pages.