Can I upload excerpts of other authors’ copyrighted works to Moodle?

Answer

Yes, but only transcriptions of a printed work and not scans.

Such transcribed excerpts can be shared, for educational purposes, within clear limits: the Italian copyright law (art. 70, comma 1) allows “the abridgment, quotation or reproduction of fragments or parts of a work and their communication to the public for the purpose of criticism or discussion, shall be permitted within the limits justified for such purposes, provided such acts do not conflict with the commercial exploitation of the work; if they are made for educational or research purposes, the use must have the sole purpose of illustration, and non-commercial purposes.” [translation from the Italian by the Library Staff]

In any case, “the abridgment, quotation or reproduction must always be accompanied by a mention of the title of the work, and of the names of the author, the publisher and, in the case of a translation, of the translator, whenever such mentions appear on the work that has been reproduced” (art. 70, comma 3). [translation from the Italian by the Library Staff]

In the recently enforced Legislative Decree No. 177 of November 8, 2021, article 70-bis §1 states that the distribution of copyrighted works through digital platforms (i.e. Moodle) is allowed only for summary, quotation, reproduction (therefore also the scanning of a printed work), translation, and adaptation of excerpts or parts of the works (therefore not a full article or a chapter, nor an entire book due to the aforementioned limits). This limitation is justified by the purpose of illustration for teaching. The materials distributed through Moodle:

- are accessible only to authenticated faculty and students enrolled in the course;
- do not constitute competition for the purchase of the same work;
- are not musical scores or works intended primarily for the education market.

  • Last Updated Apr 21, 2022
  • Views 18
  • Answered By Manlio Perugini

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