Copyright for Librarians

Jing Wen and Su Nee11 Sept 2013

Professional Development Session

DISCLAIMER

WHAT IS INTELLECTUAL PROPERTY?Quiz

What is Intellectual Property?

• Creations of the human mind• Property that results from original creative thought,

as patents, copyright material and trademarks• An invention/written work is the IP

What is Intellectual Property?

• NTU IP Policy:

– any patentable invention– know-how,– COPYRIGHT– design– layout design of integrated circuits– tangible research property– rights relating to computer software– trade mark– and any other industrial or intellectual property rightsregistrable, registered or otherwise

What are the different types of IP?

• Patents• Trade marks• Industrial designs• Trade secrets• Confidential information• Plant varieties• Layout designs of integrated

circuits• Geographical indications• COPYRIGHT

Visit IPOS website at http://www.ipos.gov.sg for more details.

WHAT IS THE DIFFERENCE BETWEEN IP AND COPYRIGHT?

Quiz

What is copyright?

• A private right that protects original works such as novels, computer programmes, music and photos.

• Generally, copyright owners enjoy various exclusive rights over their copyright works (such as rights to reproduce, perform and communicate their works).

Requirements forCopyright Protection

Originality Expression

Tangible Automatic

COPYRIGHT ACT (CAP. 63)

Copyright ownership

Generally, AUTHOR owns copyright.Exceptions:• EMPLOYER owns copyright for work done

by employee in the course of employment• COMMISSIONER of portrait /

photograph / engraving Assignment: Copyright owner may TRANSFER his rights.

What is protected?

Original works Other subject matter

Literary works

Dramatic works

Musical works

Artistic works

Sound recordings

FilmsBroadcasts

Cable programmes

Live performances

IDEAS, CONCEPTS, DISCOVERIES, PROCEDURES AND METHODS ARE PROTECTED BY COPYRIGHT: RIGHT OR WRONG?

Quiz

Ownership rights

• Literary, dramatic and musical works

Authors enjoy the exclusive rights to: • REPRODUCE the work; • PUBLISH the work; • PERFORM the work in public; • COMMUNICATE the work to the public;

and • make an ADAPTATION of the work.

Ownership rights

Performanc

es

The PERFORMER has the right to authorise the following uses:• allow the performance to be seen and heard, or seen or

heard, live in PUBLIC; • make a direct or indirect SOUND RECORDING of his live

performance; • make available a recording of the performance to the public

in such a way that the recording may be accessed by any person from a place and at a time chosen by him;

• SELL, RENT, offer for sale, DISTRIBUTE OR IMPORT such recordings for these purposes;

• PUBLISH a recording of a performance (if not previously published); and

• COMMUNICATION of the live performance to the public (including broadcasting, internet dissemination and inclusion of the performance in a cable programme).

“Communicate”

To transmit by electronic means a work or other subject matter, whether or not it is sent in response to a request, and includes: • broadcasting; • inclusion in a cable programme; and • the making available of the work or other subject

matter in such a way that the work or subject matter may be accessed by any person from a place and at a time chosen by him (e.g. access over the internet).

DO I NEED TO FILE FOR REGISTRATION TO GET COPYRIGHT PROTECTION?

Quiz

TERM OF PROTECTION

Terms of Protection70 years from the end of the year in which the author died.

If the work is published after the death of the author, it lasts for 70 years, from the end of the year in which the work was first published.

Literary, dramatic, musical and artistic works

+ x years + + 70 years

+ 70 years

Terms of Protection

70 years from the end of the year of the performance.

Performances

Seeking Permission from Copyright Owners

• NECESSARY unless expiration of term of copyright protection or usage falls under ‘Exceptions to Copyright Infringement’

HOW to seeking permission?

•Contact the copyright owners directly and negotiate for a licence to use the copyright material; or •Obtain a licence through a collective management organisation.

Collective Management Organisations

• Composers and Authors Society of Singapore Ltd (COMPASS)

• Horizon Music Entertainment Pte Ltd • InnoForm Entertainment Pte Ltd • K-Net Music Pte Ltd • Recording Industry Performance Singapore Pte Ltd (RIPS)• The Copyright Licensing and Administration Society of

Singapore Ltd (CLASS)• Motion Picture Licensing Company (Singapore) Pte Ltd

(MPLC)

INFRINGEMENT

WHAT IS INFRINGEMENT?Quiz

Infringement

• Occurs when one has not obtained consent from the copyright owner to do something that only the copyright owner has the exclusive right to do

• Copyright owner may take legal action against a person who infringes his copyright

Infringement - Substantiality

Qualitative

Quantitative

FAIR DEALING

Fair Dealing

• Purpose and character of the dealing eg. commercial or non-profit educational purposes;

• Nature of work• Amount and substantiality• Effect of the dealing upon the potential market for,

or value of, the work;• The possibility of obtaining the work within a

reasonable time at an ordinary commercial price.

WHAT IS THE DIFFERENCE BETWEEN COPYRIGHT INFRINGEMENT AND PLAGIARISM?

Quiz

EXCEPTIONS FOR EDUCATIONAL INSTITUTIONS

Exceptionsfor Educational Institutions

For works of at least 10 pages divided into chapters

- Not more than 10% of the total number of pages of the work;or- Not more than one chapter; whichever is the greater.

For works of at least 10 pages, not divided into chapters

- Not more than 10% of the number of pages of the work.

Where the work is an edition stored on an electronic medium and is not divided into pages

- Not more than 10% of the total number of bytes in the edition; or- Not more than 10% of the total number of words in that edition; or- Not more than 10% of the contents of that edition.

Where the work is an edition stored on an electronic medium and is divided into chapters

- Not more than 10% of the total number of bytes in the edition; or- Not more than 10% of the total number of words in that edition; or- Not more than 10% of the contents of that edition, but contains only the whole or part of a single chapter of the work.

EXCEPTIONS FOR LIBRARIES

Exceptions for Libraries

Library: not for profit of individuals

Exceptions:• Copying for users within reasonable portion limits• Online periodical made available with no means for

copying / communication by patrons• Copying for other libraries / archives for adding to

collections• Copying for preservation– Preservation of original against loss or deterioration– Replacing damaged / deteriorated or lost work

Sections 34 & 105A: Infringing copies made on machines installed in libraries and archives

34. Where —(a) a person makes an infringing copy of, or part of, a work or a published edition of a work or of 2 or more works on a machine for the making, by reprographic reproduction, of copies of documents, being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and

(b) there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form,

neither the body administering the library or archives nor the officer-in-charge of the library or archives shall be taken to have authorised the making of the infringing copy by reason only that the copy was made on that machine.

Section 45: Copying by libraries and archives for users

45.—(1) A person may furnish to the officer-in-charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer-in-charge of archives —

(a)a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and

(b) a declaration signed by him stating —(i) that he requires the copy for the purpose of research or study and will not use it for any other purpose; and(ii) that he has not previously been supplied with a copy of that article or other work, or the same part of the article or other work, as the case may be, by an authorised officer of the library

or archives, or that he has lost, destroyed or damaged any such copy previously supplied to him.

Section 45: Copying by libraries and archives for users

• 45.—(7A) If an article contained in a periodical publication or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of the collection of a library or archives, the copyright in the article or published work is not infringed by the officer-in-charge of the library or archives making it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives —

(a) make an electronic copy of the article or work; or(b) communicate the article or work.

RESOURCES

WHAT/WHERE ARE THE AVAILABLE RESOURCES WE COULD REFER TO?

Quiz

NTU IP POLICY

Stafflink Staff Handbook

Staff Handbook

NTU IP Policy2.2(a) Copyright ownership of Works by Staff Members or Students shall vest in the Inventor subject to Part 2.2 (b) below, except under the following circumstances where ownership shall vest in the University:

(i) If the Work is created in the course of or pursuant to an agreement between the University and an external party, copyright ownership is subject to the terms on IP ownership set out in the relevant agreement; or(ii) If the Work is created by a non-faculty Staff Member or Student in the course of his or her employment with the University; or(iii) If the Work is commissioned by the University or is created at the direction of the University for a specific University purpose; or(iv) If the Work is created using funds provided by or through the University for such purpose.

(b) The University shall have the right to use, publish, reproduce or distribute such Works worldwide, including translations of such Works, in whole or in part and in whatever form, electronic or otherwise, in relation to its teaching, research, academic purposes or for the advancement of knowledge.

NTU IP Policy

NTU Library website

http://www.ntu.edu.sg/library/pages/copyright.aspx

NTU Library website

Library FAQ

IPOS website

IPOS

IPOS

IPOS

IPOS

IPOS

OTHER LIBRARIES

University of Queensland

Library

CREATIVE COMMONS

WHAT IS CREATIVE COMMONS?Quiz

What is Creative Commons?

• CC is a non-profit organisation that provides licences and tools to allow owners of copyright material to designate the conditions (or “attributes”) under which their material may be used worldwide.

DO I NEED TO REGISTER TO USE A CC?

Quiz

Do I need to register to use a CC licence?

• CC licences are offered to the public at no charge and no registration is required to use a CC licence.

ARE MATERIALS RELEASED UNDER A CC LICENCE CONSIDERED AS IN THE “PUBLIC DOMAIN”?

Quiz

Are materials released under a CC licence considered as in the “public

domain”?

• Material released under a CC licence is not necessarily in the "public domain", as the licensor using a CC licence does not have to give up all rights to his/her material.

ACTIVITY

Questions from NTU Librarians

Group 1

1. Do we need to register a copyright for our work?

2. Where can you check if a work has copyright?

3. Is there any free copyright consultation service in Singapore?

4. If an organization no longer exists, are the copyrights that it holds still valid?

Group 2

1. If an author has unpublished material, are they protected by copyright?

2. If multiple people create a work, do they share the copyright?

3. If one person dies, what happens to his share of the copyright?

4. If you give away your work, who owns the copyright now?

Group 3

1. Do different countries share the same copyright laws?

2. Can a faculty put a hardcopy of an article downloaded from a database into the Reserves?

3. If a publisher allows a faculty to distribute their content for 1 semester, will the faculty be allowed to do it for subsequent semesters?

4. Can a faculty photocopy the contents of a book and distribute it in class?

Group 4

1. Can a faculty distribute photocopies of an article retrieved through Document Delivery Service in class?

2. Can print materials be digitized and uploaded to any of NTU’s online learning platforms for access by NTU staff & students?

3. Do public or government documents have copyright?

4. Can students use images from databases or museum websites in their work?

Group 5

1. If a student takes a photo of an art piece in an exhibition and uses it in his work, would this be copyright infringement?

2. Can one scan the cover of a publication and put it online for promotional purposes?

3. What should one take note of when extracting content from other sources?

4. When sharing content from social media, how should the source be credited?

Group 6

1. Can someone reuse content from their articles which have been published in journals?

2. Does the copyright of a Final-Year Project belong to the student or NTU?

3. What are the copyright regulations governing the use of freely available content online?

4. Can one reuse thumbnails from online sources without any other action?

Group 7

1. If a student working for the library produces some artwork, who has the copyright to it?

2. Can a faculty reuse content from a ‘massive online open course’ into his own lectures or work?

3. Does raw data fall under copyright rules?