Uploading

Below outlines the different types of uploading you might want to carry out.

1. Uploading material onto Learn.
2. Uploading lecture slides and lecture recordings onto Learn (Lecture Capture).
3. Uploading material onto a free-to-view webpage.
4. Uploading material onto the Institutional Repository.

1. Uploading material onto Learn. Uploading documents protected by third-party copyright onto Learn is possible, but is often complicated and is not recommended. Wherever possible, you should put hyperlinks to documents on Learn, and not the documents themselves. It is possible to make permanent links to online resources that do not break using a DOI.

Instead of uploading material onto Learn.  It is recommended that the University Library’s E-reserve system is used to make digital copies of book chapters and articles in PDF format available via the relevant module Reading List.  These can then be linked to your Learn module.

Uploading PDFs of e-resources to which the University subscribes onto Learn pages is contrary to the terms and conditions of the subscriptions. Doing this places the University in breach of its contractual obligations and could lead to subscriptions being cancelled or to the University being sued.

There are exceptions in the law that allows you to upload material for the purpose of ‘criticism or review’ or ‘illustration for instruction’. In both cases, you should deal with the material ‘fairly’ and not harm the legitimate commercial interests of the copyright owner. Make sure you:

  • make some sort of point on the Learn page to which the thing you upload is relevant;
  • upload only as much as you need to make your point;
  • make some sort of comment on the thing you upload (i.e. ‘criticism’ or ‘review’);
  • give a correct reference.

However, it is possible that the copyright owner objects to the way their material is being used in which case it will need to be removed.

More information on uploading materials onto learn: Copyright and Learn (Loughborough University).

2. Uploading lecture slides and or lecture recordings onto Learn (Lecture Capture).  Copying part of a work into, say, lecture slides and showing it in the course of giving instruction to an audience of students is allowed by law. A recent change to the law now allows this material to be placed in a Virtual Learning Environment (VLEs) like Learn provided that the purpose is for ‘illustration for instruction’. Alternatively a hyperlink to the material can be placed into the slides.

For more information about copyright and lecture capture see:

3. Uploading material onto a free-to-view webpage.  

This can be a very risky thing to do. Uploading PDFs of e-resources to which the University subscribes to and putting them on free-to-view websites is contrary to the terms and conditions of the subscriptions. Doing this places the University in breach of its contractual obligations and could lead to subscriptions being cancelled or to the University being sued.

Uploading PDFs of entire printed documents onto free-to-view webpages is certainly not ‘fair’ in law and could lead to the University being sued.

If you are uploading material onto a website in order to ‘criticize’ or ‘review’ it, this might be allowed in certain circumstances, but in this case, you should deal with the material ‘fairly’. This normally means that when you upload something onto a webpage, you should:

  • make some sort of point on the webpage to which the thing you upload is relevant;
  • upload only as much as you need to make your point;
  • make some sort of comment on the thing you upload (i.e. ‘criticism’ or ‘review’);
  • give a correct reference.

However, it is always possible for the owner of the copyright in what you upload to object and to say that what you have done is not ‘fair’. This is particularly likely when you upload material onto a free-to-view webpage. In this case the University may be sued.

If you want to upload a work in a way which is not covered by legal exceptions or by the licences that the University holds, you can always get in touch with the copyright owner of the work and ask for permission directly.

For more information please contact the University Copyright Advisor:

copyright@lboro.ac.uk;

01509 222351.

Updated on 17 March 2017 by Charlotte Greasley.

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