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 digital information, music, movies, videos and other works of art and industry. What is covered is the particular expression of an idea, rather than the idea itself. The rules protect the designer's/creator's rights to allow the copyright materials to be used in whatever way he/she decides. Copyright lasts the life of the author/designer/creator plus another 50 years.
VARK copyright is similar to the copyright for computer software, works of art or print materials.
How can I use it?
To use VARK legitimately you should seek permission from the copyright holder by emailing firstname.lastname@example.org. Explain how you plan to use VARK resources and include detail about the number of users in a year and, if you are a business and some information about your funding.
Is VARK Copyrighted?
VARK is copyright and those who use it are included within the copyright laws of their country. The VARK copyright covers:
The word VARK and its Trade Mark.
The word VARK was launched in 1987 by Neil Fleming and trade marked in 2012. 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 and probably dates back to the Greeks. Fleming split the Visual dimension (the V in VAK) into two parts - symbolic as Visual (V) and text as Read/write (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 and the word VARK by trademark (2012).
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, earning money or adding value while using VARK as part of your work. For example, where a private, non-school or college organization wants to use our copyright materials to enhance its business or reputation using a mix of salaried staff and or volunteers we expect to be paid for our resources. See the Examples below if you are unclear or send us an email. Professional trainers, business firms, professional sports organisations, publishers and book authors, government and state 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 organizations have a budget allocation for such use.
Does anybody use it for free?
Some VARK copyright materials (including purchased materials) may be freely used by teachers, professors, and tutors in their own colleges, universities and high schools. It is polite to request permission. For rather obvious reasons, the VARK questionnaire and other VARK copyright resources may not be placed on other websites. If you are an organization or individual developing resources for students or teachers in high schools, universities or colleges it is not free. See the table below.
What about publicly funded projects and businesses?
These organizations and projects pay their staff so VARK is not free for them. If VARK is being used as part of your paid work, you should request permission and expect to pay. VARK is not free just because you are working with the unemployed, the disadvantaged, the unwaged or the unfortunate. If it enhances your performance you should be willing to pay for that, and budget or set fees to cover that cost.
What about not-for-profit organizations?
Not-for-profit organizations usually pay their staff so VARK is not free for them. Answer this question. Is VARK being used as part of my paid work? If the answer is Yes! then you should request permission and expect to pay. VARK is not free just because you are working with the unemployed, the disadvantaged, the unwaged or the unfortunate. If it enhances your performance you should be willing to pay for the value added.
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 authorized 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 and handouts?
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 7.1 (2011) is held by Neil D. Fleming, Christchurch, New Zealand.
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 in colleges and high schools if attribution is given. It may not be published in either paper or electronic form without the consent of the authors.
The acknowledgment should use these words:
Copyright is held by Neil D. Fleming, Christchurch, New Zealand.
VARK - Other Language Versions
You should acknowledge copyright to Neil D. Fleming and the name and title of the person(s) who did the translation. That information 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, email@example.com and Neil D. Fleming, Christchurch, New Zealand. Neil Fleming holds the copyright of the original version of VARK from which the Athlete's version was developed.
© copyright 2001 - 2011 Neil Fleming