If a teacher creates a class resource such as a PowerPoint presentation or other teaching material that forms an independent and original whole, the teacher owns the copyright to this material. The teacher decides for themselves whether they allow other people to use the material that they have created.
A resource created by a teacher is protected by copyright if it exceeds the threshold of originality. If, however, it is based on an existing work, then the teacher must give credit to the original work and cannot make their work available to others without the permission of the original creator.
It is generally not part of a teacher’s job duties to create teaching materials for other teachers. The creator can decide under what conditions they will allow others to use their material. For instance, a teacher can agree that the material they have created can be used by colleagues within the same educational institution but not by others. They can also decide whether they want to share their material with a Creative Commons licence.
The name of the creator must be given when the work is used. In practice, this means that the teacher’s name must be included when the material they have created is used.
[nosto]A teacher holds copyright to self-produced material that exceeds the threshold of originality.
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Sharing your own work
Material that you have created entirely on your own can be copied and shared by you without restrictions. If someone else has contributed to the creation of the material, you will also need their permission to copy it. If you have used the works of others in your resources, such as images or articles, permission is required to copy and share them.
When a teacher uses works created by other individuals as part of their own material, such as images or articles, permission is often required. It is permitted to use works without permission when it involves quotations, i.e., using a part of another work in your own work to illustrate the topic being discussed.
The 2019 Copyright Act allows for any online material to which the teacher or educational establishment has legitimate access, including images, to be copied for the purpose of illustration for education, provided its creator is given credit and that the copying is for a single course of study. Any material created in this way cannot be shared with others or broadcast on the internet. For schools, colleges and universities, permission to do so is granted under ICLA’s collective educational licences.
In the case of material available online, the rightsholder may have permitted its use through an open licence, such as one of the Creative Commons licences. Such material can be used in accordance with the licence terms. At the same time, be aware that any material that infringes copyright cannot be legitimately used, so if another creator’s work has been unlawfully uploaded onto the internet it is not legal to use it further.
When using works created by others, the name of the creator must be mentioned, and a proper source reference must be provided. For example, when using a photograph, you should mention the photographer’s name, or when using a copied newspaper article, include the newspaper’s name, publication date, and the name of the creator of the article.