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Copyright

Copyright Information

What is Copyright?

Copyright is an internationally agreed set of rules that cover the creation and ownership of materials. It is most commonly applied to published books but also includes music, movies, videos and other works of art and industry. It is the particular expression of an idea, rather than the idea itself, that is covered. The rules protect the designer/creator's rights to allow the copyright materials to be used in whatever way he/she decides. Copyright lasts the life of the author plus another 50 years.

The word VARK.

The word "VARK" was launched in 1987 through work done at Lincoln University by Neil Fleming. The seminal publication appeared in 1992 in the following publication and should be cited as such:

Fleming, N.D. and Mills, C. (1992), Not Another Inventory, Rather a Catalyst for Reflection, To Improve the Academy, Vol. 11, 1992., page 137.

Prior to Fleming's work, VAK was in common usage. Fleming split the Visual dimension (the V in VAK) into two parts - symbolic as V and text as R. This created a fourth mode, Read/write and brought about the word VARK for a new concept, a learning preferences approach, a questionnaire and support materials. These are protected by copyright.

Is VARK Copyrighted?

VARK is copyright and those who use it are included within the copyright laws of their country. The VARK copyright covers:

VARK Questionnaires.
VARK Helpsheets.
VARK Software.
VARK Training Resources.
VARK Spreadsheet s- used for scoring large groups.
VARK PowerPoint.

VARK copyright is similar to the copyright for computer software, works of art or print materials.

How can we use it?

To use VARK legitimately you should seek permission from the holder of the copyright by emailing flemingn@ihug.co.nz requesting permission and explaining how you are planning to use VARK.

Does it cost money to use the VARK copyright materials (the questionnaire, helpsheets etc)?

The general rule is that you will need to pay something for the right to use the VARK copyright materials if you are making or earning money while using them as part of your work. So professional trainers, business firms, professional sports organisations, publishers or book authors, government agencies, government departments and government ministries should apply and pay for the use of the copyright materials. The amount paid for copyright release can be easily covered by most budgets and well-organised firms have a budget allocation for copyright use.

Does anybody use it for free?

VARK copyright materials (including purchased materials) may be freely used by teachers, professors and tutors in colleges, universities and high schools. It is polite to request permission. If you are developing resources for students or teachers in other high schools, universities or colleges it is not free. See the table below.

What about not-for-profit organizations?

Not-for-profit organizations usually pay their staff so VARK is not free for them. Ask this question. Is VARK being used as part of my paid work? If the answer is Yes! then you should request permission and pay. VARK is not free just because you are working with the unemployed, the disadvantaged, the unwaged or the unfortunate.

Including VARK for delivery in other countries?
One of the requirements of the Berne Convention is that countries signed to the Convention exercise national treatment in their administration of copyright. This means that foreign copyright owners of other countries that are signatories to the Berne Convention are afforded the same level of protection as national copyright owners. If an educational institution prepares a course designed for delivery in an institution in another country then any copyright materials used within that course must be authorised both in the country of origin and the country of destination. If the course is being developed for sale to the other institution then in the first instance the copyright material is being used for a commercial purpose. In the country of destination it is likely to be for educational purposes. Whatever the purpose, the copyright owner is entitled to expect payment for use.

What about including it in books?

It may not be published in either paper or electronic form without the consent of the authors. See our publisher's page.

If I get permission to use VARK how should I acknowledge it?

Copyright Version 7.0 (1992) held by Neil D. Fleming, Christchurch, New Zealand and Charles C. Bonwell, Springfield, MO 65804, USA.

Examples Decision

I want to use VARK in my training. May I use VARK? Yes. There are two options. You can pay an annual fee (Currently: January 2010: $NZ350, $US255 or £UK156). We will advise you when a renewal is due. For more extended use you can purchase a VARK Lifetime Licence $NZ650, $US475 or £UK290).
My business wants to use the VARK materials to help train staff. You should apply. A payment will be negotiated. (See Example 1 above.)
My business wants to use the VARK Subscription Service so our clients can find out about their learning. It will, add value to our business. The VARK Subscription Service is for teachers. You may apply and we may offer you a similar service at a negotiated price.

My organization designs and sells educational materials and we want to use VARK. You should apply and pay for copyright permission as for publishers.

I am working on a coaching framework. You should apply and provide information about the framework and its use. If it is for a national or regional sports body a fee will be required.

I am working with an inner city group of disadvantaged youth on a government funded project. You should apply and pay for copyright permission. Government agencies, government and city projects have budgets for copyright release.

I want to include the VARK questionnaire or helpsheets in a book I am writing. You or your publisher should apply and pay for copyright permission. See our Publisher's page.

I want to use the VARK questionnaire with a group that I am training. The course is free for them.. You should apply and pay for copyright permission.

I am training in a military academy. You should apply and pay for copyright permission. Government agencies have budgets for copyright release.

I am an unpaid volunteer training tutors to work in schools. VARK is free for your use.

I am a professional coach and I want to use the VARK questionnaire once with my players/athletes. You should pay for copyright permission. See Example 1 above.

I want to alter the questions and just use the ideas in VARK. Don't. You are breaching copyright law. Use a non-copyright or public-domain questionnaire from somewhere else.

I want to put VARK stuff on my/our website in my own way. Don't. Permission will not given. You may, however, negotiate special commercial rights to use some copyright VARK materials on your website.

We want to use VARK for a curriculum package to be used in another country. Permission is required. As it is likely to involve a commercial arrangement a negotiated payment will be required.

VARK - The Younger Version

This is a version of the main VARK questionnaire modified for those aged 12 to 18. It was updated and revised in September 2007. It may be used for faculty or student development if attribution is given. It may not be published in either paper or electronic form without consent of the authors.

The acknowledgment should use these words:

Copyright is held by by Charles C. Bonwell and Neil Fleming.

VARK - Other Language Versions

You should acknowledge the name and title of the person(s) who did the translation. That is clearly attached to each other-language version.

VARK - The Athlete's Version

Copyright of this version is held by Julia L. Dunn, Whitman College, Walla Walla, Washington, USA (509) 527-5911, dunnjl@whitman.edu and Neil D. Fleming, Christchurch, New Zealand. Neil Fleming and Charles C. Bonwell, Green Mountain, Colorado, USA hold the copyright of the original version of VARK from which it was developed.