FAQ – RMIT International University Vietnam

Why does RMIT Vietnam have to follow copyright regulations in Vietnam?

What’s the difference between Academic Integrity and Intellectual Property?

What would be considered an infringement of copyright in Vietnam?

Educational License and the 10% Rule

Is it true that I can put 10% of a book up on Blackboard Learning Hub?

What kind of works does the 10% rule apply to?

If the 10% rule applies to all of RMIT, then how can any lecturer be expected to keep track of what’s been used?

Can I..

Can I show a broadcast TV program in my class?

Can I photocopy articles found in the Library’s eJournal databases?

Can I capture online streaming video (eg, Youtube), save it to the network server or a USB, and show it in class?

Can I shorten or edit a newspaper article to simplify the English before making photocopies or putting it on Blackboard?

I have an activity from a book which has “photocopiable” printed on each page. Can I scan the page and post it on Blackboard?

Can I email my students an article I downloaded from the internet or scanned from a newspaper or magazine?

Can I email my students a pdf of an article I downloaded from the Melbourne eJournal databases?

Can I use a musical recording in an A/V object?

Can I use a picture from the web for a poster advertising a student club or activity?

Can I link to article on the internet from within Blackboard Learning Hub so that my student can print their own copies?


Why does RMIT Vietnam have to follow copyright regulations in Vietnam?

As a foreign institution RMIT Vietnam operates essentially as a guest of the Vietnamese government. We are obligated to comply with relevant Vietnamese regulations in respect of copyright.

Copyright follows the ‘law of the land.’ If copying takes place in Australia then Australian law will apply. If the copying occurs in Vietnam, Vietnamese law will apply. If you are located in Vietnam, Vietnamese law take precedence.

RMIT International University Vietnam has agreed to align its copyright processes and copying limits with that of RMIT University Melbourne.

RMIT International University Vietnam staff must also comply with contractual agreements for licenses and permissions to which RMIT Melbourne is a party, such as library database contracts for eJournals and eBook subscription.

What’s the difference between Academic Integrity and Intellectual Property?

The difference is subtle but clear. Pursuing academic integrity means respecting the rights of your audience. To plagiarise for example, is to lie to the reader about where you found information. The concept of intellectual property is intended to protect the rights of the originator of information or ideas.

Clause 2, of Article 28 of the Law on Intellectual Property Vietnam states clearly that it is an infringement of copyright to ‘assume the authors name on a work.’ Assuming an authors name on a work would be considered an act of plagiarism.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing

What would be considered an infringement of copyright in Vietnam?

Following is a list of the most important acts that are an infringement of copyright in Vietnam.

Note: The acts of infringement below do not apply to providing copyright works to students for study or teaching purposes.

  1. Assuming the authors name on a work.
  2. Publishing or distributing works without permission of authors.

Comment: This would include publishing a copyright work as part of a conference presentation or conference paper. Distributing a work would also include emailing or providing a copy of a copyright work to any member of the public.

  1. Publishing or distributing works under joint-authorship without permission of co-authors.
  2. Modifying, mutilating or distorting works in such a way as prejudicial to the honour and reputation of authors.

Comment: In altering or adapting a copyright work you must ensure the integrity of the copyright work and author’s reputation remain intact. Integrity has specific implications when using copyright works for educational use. For instance if an adaptation of a work is deemed to be a derogatory treatment or a mutilation of the work in the eyes of the copyright owner, it could be considered an infringement of the right of the authors honour. If a modification or adaptation of a work is to take place, it is important the original owner is aware of the changes and duly acknowledged.

  1. Making derivative works without permission of authors or holders of copyright to works used for the making of derivative works, except for the cases specified at Point i, Clause 1, Article 25 of this Law.

Comment: In creating a derivative work for educational purposes from an existing work you need to be aware of Clause 5 of Article 28 to ensure you do not create a new work that would be considered a derogatory treatment or mutilation of the original work.

  1. Using works without permission of copyright holders, without paying royalties, remunerations or other material benefits according to the provisions of law, except for the cases specified in Clause 1, Article 25 of this Law.
  2. Duplicating, reproducing, distributing, displaying or communicating works to the public via communication networks and by digital means without permission of copyright holders.

Comment: This means placing online onto the internet or web or onto a network a copyright without the copyright owner’s permission.

  1. Publishing works without permission of copyright holders.

Comment: This would include publishing a copyright work in any form such as a book or onto the internet without the copyright holders permission, also included is as part of a conference presentation or conference paper.

  1. Willingly cancelling or deactivating technical solutions applied by copyright holders to protect copyright to their works.

Comment: This means that any technological solution applied such as digital rights management to eBooks, CD’s or DVD’s must not be removed for any purpose.

  1. Willingly deleting or modifying right management information in electronic form in works.

Comment: An authors or copyright holders name and details included onto a copyright work as rights management information must not be removed or deleted for any purpose.

  1. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having grounds to know that such equipment may deactivate technical solutions applied by copyright holders to protect copyright to their works.
  2. Making and selling works with forged signatures of authors of original works.
  3. Exporting, importing or distributing copies of works without permission of copyright holders.

Source: Acts of Infringement - Copyright Office of Vietnam (2005) Law on Intellectual Property (No.50/2005/AH11. Vietnam Date Viewed 28/01/2009 [http://www.cov.gov.vn/english/viewNew.asp?newId=142]

Is it true that I can put 10% of a book on my Blackboard Learning Hub?

No - all copyright works used online must be placed into RMIT’s eReserve system.

The 10% rule also differs in relation to whether the work originates in a printed format or an electronic format. The ‘10% rule’ refers to the ‘portion’ that can be reproduced for teaching purposes without permission.

When placing published works online, the 10% rule applies to RMIT as a whole and not to a campus, a course, or an individual lecturer! The 10% rule for photocopying applies at the course level. For example, if a lecturer in the School of Architecture in Melbourne has placed online within eReserve part of a book, then a Design lecturer in Vietnam cannot reproduce any other part of the book online. All copyright works used must be placed into RMIT’s eReserve system. (Students in Vietnam are provided with access to RMIT’s eReserve system and are provided with to the same material as is used in Melbourne).

More information on eReserve

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

To what kind of works does the 10% rule apply to?

Published works (Reports & books): - you can photocopy 10% of the number of pages or one chapter of a work, you can also scan the chapter or pages into a digital form to place into eReserve.

For websites or electronic works you can only photocopy, or use 10% of the number of words in the work, or if the work is clearly divided into chapters then you may reproduce one chapter. A website is a compilation of works, such as artistic [images and photos], literary works [text, reports, and publications]. One ‘work’ is one webpage, one report, one blog entry or wiki post, or the transcript of one speech.

Each individual page of a website is one ‘work,’ so you can use 10% of the words on that page. Reproducing an entire webpage from a website of 10 or more pages isn’t permitted under the educational licence; permission must be sought.

If a single article on a webpage spans several pages this counts as one ‘work,’ and you can take 10% of the entire article.

A CD-ROM with multiple works is a compilation. An assessment needs to be made on the contents of the CD-ROM in relation to how much you can use. If the CD has a number of reports then you may copy 10% of the number of words in each report, as each report is considered ‘a work’. If the CD contains a publication that is divided into chapters then you may reproduce one chapter.

Newspaper and Journal articles are not subject to the 10% limit.

More information on eReserve

If the 10% rule applies to all of RMIT, then how can any lecturer be expected to keep track of what’s been used?

RMIT provides a central point to coordinate copying across RMIT. Instead of posting material to the Blackboard, lecturers are required to place copyright works into eReserve.

The eReserve Service enables academic staff to make course related documents available in an electronic format on the web. This collection is called eReserve and material can be linked to directly from Blackboard.

Digitisation Services staff provide the following services:

  • Digitise [scan] from books, journal articles, and artistic works;
  • Register such works on eReserve;
  • Host the documents on the learning repository;
  • Ensure copyright compliance;
  • Source material to be digitised from the RMIT Library collection;
  • Source materials from other libraries within Australia;
  • Add the compulsory copyright notice to the digitised work.

More information on eReserve

eReserve Example:

Jerome M. Sattler, Robert D. Hoge, (2006) Report Writing, in Assessment of children: behavioral, social, and clinical foundations, (pp 582-613). J.M. Sattler, San Diego.

Can I show a broadcast TV program in my class?

Clause 1 (b), Article 32 of the Law on Intellectual Property allows one duplication of a TV program to be made for teaching activities. The only time a TV program may not be duplicated is when the program has been published for teaching. Permission from the copyright holder must be sought for programs that have been published for teaching or alternatively the program must be purchased by your School.

When making a duplication or copy under Article 32 you must ensure that you are making the copy for teaching purposes only, and the program is only shown to enrolled students. You must also ensure that you do not alter, modify or remove any technological system designed to protect a work such as a digital lock.

You must also ensure that the program and TV station are referenced.

RMIT has placed online a range of TV programs for staff and students to access called video to your desktop

RMIT University Library subscribes to film and TV databases that contains a large range of TV programs, news and current affairs to access and use as part of teaching.

Can I photocopy articles found in the Library’s eJournal databases?

Use of material in the RMIT Library online databases, e-journals and e-books is governed by RMIT’s contractual agreements with database providers, and cannot be used under the 10% rule. Most of RMIT’s electronic eJournal or eBook databases disallow making photocopies or posting articles to Blackboard. Instead, put a link in Blackboard and have student’s access copies of the articles.

See the following information guide for a list the condition under which some databases allow printing and distribution.

eJournal databases / Library eBook databases Information Guide

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

Can I capture online streaming video (eg, YouTube), save it to the network server or a USB, and show it in class?

The problem with YouTube and other video sites is that video may have been uploaded by a person who is not the copyright owner and is not entitled to upload the video. By downloading and placing the video online in the learning hub you may be undertaking a breach of copyright by using an illegal copy of a copyright work.

YouTube and other sites can be used as long as the video you wish to use is a copy that has been placed online by the copyright holder. Before showing or using video materials found on the internet ensure the materials have been uploaded to the internet by the copyright holder.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

Can I shorten or edit a newspaper article to simplify the English before making photocopies or putting it on Blackboard?

Clause 1 (d) Article 25 of the Law on Intellectual Property Vietnam allows for quoting of works for teaching activities provided the contents are not altered. No modification or alteration is allowed, therefore you may shorten an article, however editing to modify or alter the work is not allowed.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per the Law on Intellectual Property. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide:

If you wish to place the work online you must submit the work to eReserve rather than place the article onto Blackboard.

I have an activity from a book which has “photocopiable” printed on each page. Can I scan the page and post it on Blackboard?

If the activity book clearly states you may photocopy, then you may only photocopy the activities.

If you wish to place the work online you must submit the work to eReserve rather than place the article onto Blackboard.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

Can I email my students an article I downloaded from the internet or scanned from a newspaper or magazine?

Yes, newspaper and journal articles are not subject to the 10% limit. You can email a newspaper or journal article in its entirety. A copyright notice must be posted at the beginning of the work, see the guide for a copy of the notice.

Can I email my students a pdf of an article I downloaded from the Melbourne eJournal databases?

No – the use of articles from the online databases, e-journals and e-books are governed by RMIT’s contractual agreements with database providers, and cannot be used under the 10% rule.

Most of RMIT’s electronic e-journal or ebook databases disallow making photocopies or posting articles to Blackboard. Instead place a link in Blackboard and have students access the articles.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

Can I use a musical recording in an A/V object?

No not without permission.

The Law on Intellectual Property does not allow the creation of derivative works. Clause 7 of Article 28 does not allow for derivative works to be created from existing works. Including a musical work into an AV object would be considered incorporating the musical work into a derivative work. A derivative work is where an existing work such as a musical work is modified, transformed or altered in a way that would create a new work.

In any use of a copyright work for teaching purposes, you must ensure that you reference the work used, as per Clause 2 of Article 25. Standard referencing styles should be used. Each and every use of a copyright work must include a reference statement.

Referencing Guide

Can I use a picture from the web for a poster advertising a student club or activity?

No, Vietnamese Intellectual Property law only allows the use of copyright works for teaching purposes, and not for promotional or marketing activities.

Creative commons images may be more applicable in this instance. Creative commons images can be used for teaching and promotional purposes without the permission of the copyright holder, as long as the image is referenced as per the creative commons licence.

Creative commons offers a range of licenses that allow the use of copyright works. More information on creative commons can be found at: http://creativecommons.org/

Can I link to article on the internet from within Blackboard so that my student can print their own copies?

Generally, yes. You can to the front or ‘home’ page of a website.

You can also link to pages inside the website. However, remember that the site owner has the right to present their information in the way that they choose. Deep linking may bypass information that the site owner wants you to see (including advertising). Before linking or deep linking to an article on an internet site, check the terms and conditions or copyright statement at the bottom of the webpage to ensure the website allows linking.

Do not trap the article in a Blackboard frame. When you are creating the link in Blackboard be sure to tick the option to ‘Open in new Window.

Below are a few tips that may minimise risks associated with linking:

  • Consider obtaining consent of the website owner to the creation of a deep link. Consent will avoid all problems. Do not deep link if the website terms and conditions prohibit it.
  • Beware of deep linking to a site which bypasses advertising or promotional material on the homepage which then website owner would reasonably expect a person to read.
  • Ensure that there is no confusion as to the source of the material. Acknowledge the source.
  • Do not frame, as framing can cause confusion as to the source. Do not create in-lining links, as these cause confusion as to the source.
  • Do not use another person’s trade marks or logos as hyperlinks.

Index