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Question

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Does the source of the third party material include a copyright statement permitting its reproduction and use for non-commercial educational purposes?

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Can the amount of material used from third party sources be considered ‘fair dealing’?

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What is the age of the material?

Answer copyright? If material does not fit one of the categories, then no copyright protection although may be other IPRs e.g. design, trademarks, patents and other related legislation. Often found in material produced by international organisations, charities etc. Does the website copyright policy allow reuse for educational purposes? If not check copyright status or exceptions. Either used under criticism or review exceptions or quoted as 5% of a work or one chapter or one article in an issue of a periodical but beware of quality i.e. is it central to the content of the item? Refer to table of IPR duration to estimate if it is still subject to copyright protection.

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Questions to be addressed to the depositor of material These questions are to be asked of the person(s) depositing material in the repository and deal with the copyright and IPR position of the material being deposited. They also address the rights the depositor wishes to retain, depending on the institution’s policy. They should be answered satisfactorily before material is accepted into the repository.

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Are there other rights or legislation, in addition to copyright, that apply to the material?

e.g. performing rights, data protection, confidentiality, human rights act.

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What rights does the depositor or institution wish to retain?

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Has the depositor understood a deposit declaration about the IPR status of the material included in the deposit and the conditions under which it is accepted?

e.g. right to authorise copying, right to adapt the work, right to communicate to the public. Understood that all copyright material is either covered under the exceptions to the law or appropriate copyright permission has been

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Has the depositor expressed which terms and conditions under which the material may be used and the rights that (s)/he wishes to retain? Has depositor completed a declaration saying all material cleared, or

granted and the documentation is available to record in the rights section of the repository These must be in line with the institution’s policy e.g. attribution, non-commercial use. Depositor should verify that all necessary

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