Making Sense of CopyrightCILIP in Kent

November 2014

Chris MorrisonCopyright and Licensing Compliance Officer

University of Kent

© University of Kent 2014

Making Sense of Copyright for CILIP in Kent November 2014Page 2

Contents

• What is copyright?

• How does copyright work?

• Licences

• Group Exercise

• Tea / coffee break

• Key exceptions for HE and FE

• Orphan Works

• Summary and scenarios

• Links

INFORMATION SERVICES

Copyright policy

Copyright licences

Copyright training

Copyright advice

Software licences

Copyright and Licensing Compliance at Kent

Making Sense of Copyright for CILIP in Kent November 2014Page 3

What is copyright?

• A type of “Intellectual Property”

covering creative works

Others include:• Moral rights• Performance rights• Database rights• Design rights• Trade Marks• Patents• Trade secrets (confidentiality)

Making Sense of Copyright for CILIP in Kent November 2014Page 4

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Copyright and Related Rights

Making Sense of Copyright for CILIP in Kent November 2014Page 5

Data

Copyright Restricted Acts

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Under the Copyright, Designs and Patents Act 1988* the owner of the work has the exclusive right:

a) to copy the work

b) to issue copies of the work to the public

c) to rent or lend the work to the public

d) to perform, show or play the work in public

e) to communicate the work to the public

f) to make an adaptation of the work or do any of the above in relation to an adaptation

* http://www.legislation.gov.uk/ukpga/1988/48/contents

So when can you use copyright material?

• If copyright has expired

• If you, or your organisation hold the rights

• If you have permission from the rights holder

• If you are relying on a legal defence

Making Sense of Copyright for CILIP in Kent November 2014Page 7

So when can you use copyright material?

• If copyright has expired

• If you, or your organisation hold the rights

• If you have permission from the rights holder

• If you are relying on a legal defence

Making Sense of Copyright for CILIP in Kent November 2014Page 8

Copyright Duration

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Many different durations but the most relevant are:

• Published literary, artistic, musical or dramatic works – 70 years following death of the author

• Typographical copyright – 25 years from publication

• Unpublished literary, artistic, musical or dramatic works – either 70 years following death of the author or until 31 December 2039 (whichever is later) see #catch2039 here

• Crown copyright (UK Government) – usually 50 years after creation or publication

• Sound recordings/film –70 years after date of creation/release or death of director/writer/producer

So when can you use copyright material?

• If copyright has expired

• If you, or your organisation hold the rights

• If you have permission from the rights holder

• If you are relying on a legal defence

Making Sense of Copyright for CILIP in Kent November 2014Page 10

Who owns the rights?

Making Sense of Copyright for CILIP in Kent November 2014Page 11

• Work produced by staff ‘in the course of employment

• Emails, papers, photographs

• Databases

• Film/sound recordings

• Software, etc.

• Teaching material

• Work not related to role

• ‘Scholarly’ works

• Lecture notes

• Books, articles

• Theses, essays

• Exam papers/responses

Institution Staff/Student

So when can you use copyright material?

• If copyright has expired

• If you, or your organisation hold the rights

• If you have permission from the rights holder

• If you are relying on a legal defence

Making Sense of Copyright for CILIP in Kent November 2014Page 12

Copyright as Property

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Has an “owner”

May be “bought”, “sold” or “rented”

Licences

• Blanket licences such as CLA, ERA, PRS for Music and NLA

• Individual resources’ or software’s terms and conditions

• Specific permission acquired from creator/rights holder

• Creative Commons Licences

• Open Government Licence

Copyright at the University of Kent - IS Session 4 February 2014Page 14

Collective ‘Blanket’ Copyright Licences

Making Sense of Copyright for CILIP in Kent November 2014Page 15

Body Class of work What is allowed

CLA (Copyright Licensing Agency)

Books, magazines Limited copying and use on VLE

ERA (Educational Recording Agency)

UK TV broadcasts Recording and storage – Box of Broadcasts

NLA (Newspaper Licensing Agency)

Newspapers, magazines

Press clippings

DACS (Design and Artists Copyright Society)

Artistic images (including photos)

Reproduction of visual art works

PRS for Music / PPL Musical works / sound recordings

Public performance, audio products, online services

Filmbank, MPLC Feature films Showing film/TV in non-educational context

Creative Commons and Open Licensing

Making Sense of Copyright for CILIP in Kent November 2014Page 16

http://creativecommons.org

Icon Right Description

Attribution (BY)

Licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor the credits in the manner specified by these.

Share-alike (SA)Licensees may distribute derivative works only under a license identical to the license that governs the original work. (See also copyleft.)

Non-commercial (NC)Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for noncommercial purposes.

No Derivative Works (ND)

Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works based on it.

Creative Commons and Open Licensing

Making Sense of Copyright for CILIP in Kent November 2014Page 17

http://creativecommons.org

http://en.wikipedia.org/wiki/Creative_Commons_license

Icon Description Acronym

Attribution alone BY

Attribution + NoDerivatives BY-ND

Attribution + ShareAlike BY-SA

Attribution + Noncommercial BY-NC

Attribution + Noncommercial + NoDerivatives BY-NC-ND

Attribution + Noncommercial + ShareAlike BY-NC-SA

So when can you use copyright material?

• If copyright has expired

• If you, or your organisation hold the rights

• If you have permission from the rights holder

• If you are relying on a legal defence

Making Sense of Copyright for CILIP in Kent November 2014Page 18

Copyright Exceptions

Making Sense of Copyright for CILIP in Kent November 2014Page 19

Fair Dealing Provisions:

• Non-commercial research & private study

• Quotation, criticism & review and news reporting

• Caricature, parody and pastiche

• Illustration for instruction

• Text and data mining

• Privileges for libraries and archives

• Accessible copies for disabled users

Moral Rights

Making Sense of Copyright for CILIP in Kent November 2014Page 20

Relate to a creator’s personality

as expressed in his or her work.

• Attribution - the right to be identified as the author

• Integrity – to object to derogatory treatment of the work

It must be asserted

Duration is the same as that for copyright

Performers’ Rights

Making Sense of Copyright for CILIP in Kent November 2014Page 21

Arises automatically on recording

Lasts for set duration of 70 years from the date of performance

Provides monopoly rights to owner, with some ‘exceptions’

Database Rights

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• Copyright and Rights in Databases Regulations 1997

• A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means.

• Databases created on or after 1 January 1983

• Requires a ‘substantial investment in obtaining, verifying, or presenting the contents of the database.’

• Restricts unauthorised extraction or re-utilisation of all or a substantial part of the contents of a database.

• Protection lasts for 15 years

Data

Summary of the theory

Making Sense of Copyright for CILIP in Kent November 2014Page 23

Copyright – covers all ‘fixed’, original creative works

Restrictions on what you can do without permission

Related rights – moral, performers, database

Some instances where you can do some things

All of which has become really important in a digital context

Data

Group Exercise 1

1. Is each item protected by Copyright?

2. What type of copyright works are included?: Literary, Artistic, Dramatic, Musical, Broadcast, Sound Recording, Film.

3. Are there any other related rights?: Performance Rights, Moral Rights, Database Rights.

4. Who owns the rights in each item?

Copyright at the University of Kent - IS Session 4 February 2014Page 24

Making Sense of Copyright for CILIP in Kent November 2014

Hargreaves Review of IP and Growth

Page 25

http://www.ipo.gov.uk/types/hargreaves.htm

Hargreaves Timeframe

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Hargreaves’ report May

2011

Government response

August 2011

Enterprise & Regulatory

Reform (ERR) Act -

Royal Assent April

2013

Copyright Hub

launched July 2013

New exceptions legislation published

March 2014

All new exceptions effective 1

October 2014

Extension of Copyright

Making Sense of Copyright for CILIP in Kent November 2014Page 27

CC BY SA - Eva Rinaldi – Music News Australia 2013

Extension of Copyright

Making Sense of Copyright for CILIP in Kent November 2014Page 28

CC

BY

SA

- E

va R

inal

di –

Mus

ic N

ews

Aus

tral

ia 2

013

• Effective 1 November 2013

• Extension of sound recording copyright from 50 to 70 years

• Performers rights extended to 70 years

• Musical works duration 70 years following death of either composer or lyricist (whichever is later)

• Copyright in mass produced artistic works extended from 25 years to life of designer plus 70 years

Hargreaves recommendations

• Rebalance copyright regime

• Format neutral

• Future proof

• Representative of digital practices and potential

• Evidence based

Making Sense of Copyright for CILIP in Kent November 2014Page 29

Copyright Exceptions

The following slides provide an overview of the copyright exceptions which are of key importance to UK higher education institutions. They are not comprehensive, nor do they provide full details of the provisions within the Copyright, Designs and Patents Act 1988.

If you find anything in these slides which appears to be inaccurate or misleading please contact copyright@kent.ac.uk.

Making Sense of Copyright for CILIP in Kent November 2014Page 30

Key Exceptions to Copyright 1

• S29 – Research and private study

• S30 - Quotation (criticism and review)

• S31 - Accessible copies for disabled users

• S32 – Fair dealing for instruction

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Key Exceptions to Copyright 2

• S35 – Recording of broadcasts

• S36 – Copying and extract of works by educational establishments

• S41 – Library privilege copying for other libraries

• S42 – Library/archival preservation

Making Sense of Copyright for CILIP in Kent November 2014Page 32

Key Exceptions to Copyright 3

• S42A – Library Privilege copying

for patrons

• S43 - Library copies of unpublished works

• S40B - Making works available on dedicated terminals

• S29A - Text and data mining

• No override by contract

Making Sense of Copyright for CILIP in Kent November 2014Page 33

Data

Research and Private Study – S29

Before 1 June 2014

• Limited, ‘fair dealing’

• Non-commercial

• Literary, dramatic, musical and artistic works only

• Contractual terms can override exception

After 1 June 2014

• Limited ‘fair-dealing’

• Non-commercial

• All copyright works including sound recordings and films

• No override by contract

Making Sense of Copyright for CILIP in Kent November 2014Page 34

Quotation (Criticism and Review) – S30

Before 1 October 2014

• Criticism & review does not cover ‘illustrative’ use

• Works must already have been made publicly available

After 1 October 2014

• Widened to cover any reasonable quotation

• Legitimises academic practice (citation)

• Must have been made publicly available

Making Sense of Copyright for CILIP in Kent November 2014Page 35

Accessible copies for disabled users - S31

Before 1 June 2014

• Restricted to people with visual impairments only

• Literary, dramatic, musical or artistic work

• Contractual override

After 1 June 2014

• Widened to all impairments which prevent equal access

• All types of copyright work

• No contractual override

• Doesn’t address DRM/TPM measures

Making Sense of Copyright for CILIP in Kent November 2014Page 36

Fair dealing for instruction – S32

Before 1 June 2014

• Non-reprographic copying of literary, dramatic, musical and artistic works only

• Wide examination exception (not music)

• Sound recording/film exception

• Acknowledgement required if practical

After 1 June 2014

• Must be fair dealing

• Copying can be reprographic

• Examination exception narrowed

• Covers all copyright works including sound recordings, films and broadcasts

Making Sense of Copyright for CILIP in Kent November 2014Page 37

Recording of Broadcasts – S35

Before 1 June 2014

• Non-commercial educational use

• ‘Communication to the public’ premises limitation

• Dove-tails with ERA licence

After 1 June 2014

• Non-commercial educational use

• ‘Communication to the public’ off premises via secure electronic network

• Dove-tails with ERA licence

Making Sense of Copyright for CILIP in Kent November 2014Page 38

Copying and Use of Extract of Works by Educational Establishments – S36

Before 1 June 2014

• Non-commercial

• ≤1% per work, per quarter, per institution

• Covers typographical arrangement

• Dove-tails with CLA licence

After 1 June 2014

• Non-commercial

• ≤5% per work, per year, per institution

• Includes incorporated works (e.g. illustrations)

• Dove-tails with CLA licence

Making Sense of Copyright for CILIP in Kent November 2014Page 39

Library Privilege Copying for Other Libraries – S41

Before 1 June 2014

• Supply of a journal article or whole or part of literary, dramatic or musical work

• Includes illustrations in context

• Contractual override

After 1 June 2014

• Supply of journal article or whole or part of any published work

• Will include sound recordings, films and broadcasts

• No contractual override

Making Sense of Copyright for CILIP in Kent November 2014Page 40

Library/Archival Preservation – S42

Before 1 June 2014

• Single copy of item in permanent collection

• Literary, dramatic or musical work

• Includes illustrations and typographical arrangement

• Contractual override

After 1 June 2014

• Copy an item in permanent collection

• All types of copyright work including sound recordings, films and broadcasts

• Items not publicly accessible or available on loan

• No contractual override

Making Sense of Copyright for CILIP in Kent November 2014Page 41

Library Privilege Copying forPatrons – S42A

Before 1 June 2014

• ‘Prescribed’ libraries

• Non-commercial research or private study

• Article in a periodical or part of literary, dramatic or musical work

• Declaration form

• Patron must pay cost of supply

• Contractual override

After 1 June 2014

• Not-for-profit library

• Non-commercial research or private study

• Reasonable proportion of any copyright work

• Declaration still required but not through set form

• Patron does not have to pay cost of supply

• No contractual overrideMaking Sense of Copyright for CILIP in Kent November 2014Page 42

Library Copying of Unpublished Works – S43

Before 1 June 2014

• Literary, dramatic or musical works only

• Work must not have been published prior to deposit

• Copyright holder must not have prohibited copying

• Single copies only may be provided

After 1 June 2014

• All types of copyright work

• Work must not have been published prior to deposit

• Copyright holder must not have prohibited copying

• Single copies only may be provided

Making Sense of Copyright for CILIP in Kent November 2014Page 43

Making Works Available Through Dedicated Terminals – S40B

• New exception

• Relates to a publicly accessible library, educational establishment, museum or archive

• Allows collection items to be viewed on site through ‘dedicated terminals’

• Works must have been lawfully acquired

• For research or private study

• Access must be compliant with licensing terms if they exist

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Text and Data Mining – S29A

• New exception

• Use of algorithms to determine relationships in data

• Non-commercial use

• Requires legitimate subscription/access to dataset

• No contractual overrides

Making Sense of Copyright for CILIP in Kent November 2014Page 45

Data

Orphan works

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• Works where rights holder is unknown or untraceable

• Previously required a ‘risk-managed’ approach

• UK Orphan works provisions in the ERR Act 2013

• EU Orphan Works Directive

• Implemented in on 29 October 2014

Image: Lively as a Linnet: selected poems. John Gorman (1906-1984). Plaistow Poets Press, 1986. Orphan work.

Orphan Works

UK Licensing Scheme

• Covers all types of Orphan Work (inc photographs)

• 7 year licence term

• Commercial and non-commercial use

• Requirement for reasonable searches

• Operated by the IPO

EU Directive

• Covers all text and audio visual works (but not artistic unless embedded)

• Non-commercial use

• Applies to cultural and educational organisations

• Reasonable searches recorded on a database

• No geographical restriction or time limit

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Summary and scenarios

Making Sense of Copyright for CILIP in Kent November 2014Page 48

Data

Contact and Credits

copyright@kent.ac.uk

@cbowiemorrison

Making Sense of Copyright for CILIP in Kent November 2014Page 49

This presentation is © University of Kent, 2014 and is licensed under a Creative Commons Attribution 4.0 International licence

Links

• IPO Guidance on changes to the law

• Copyight, Designs and Patents Act 1988

• Unofficial Consolidation of CDPA 1988

• Statutory instruments for: Research, Education, Libraries and Archives Quotation and Parody Disability Public Administration Personal Copies for Private Use

• Library and Archives Copyright Alliance

• JISC Legal guidance

• Copyright Hub

• Copyrightuser.org

Making Sense of Copyright for CILIP in Kent November 2014Page 50