Copyright for Teaching: an introduction, November 2022
- 1. Copyright for Teaching - an Introduction Gordon Sandison Licensing & Copyright Manager 24 November 2022
- 2. What we’ll cover today • What copyright is. • Licences. • Permitted acts/copyright exceptions. • Risk management.
- 3. Legal Disclaimer I am not a lawyer. The guidance given in this presentation is based on my professional experience and guidance developed by Jisc. It should not be construed as legal advice. If you require specialist legal advice you should speak to one of the university’s legal representatives or consult a specialist lawyer.
- 4. BUT FIRST …
- 5. Q1. Does copyright protect ideas? Yes or No? No. There are two tests a work must pass for copyright to exist in it. Firstly, it must be ‘original’ and secondly, it must be recorded or ‘fixed’ i.e. be something tangible. So, copyright does not protect ideas which remain solely as ideas. Rather copyright protects the way these ideas are expressed. Copyright covers different types of content (text, images, sound, moving images etc.)
- 6. Q2. Do copyright works need to be registered or have the “©” to be protected? Yes or No? A. No. Copyright protection is automatic as soon as a work is ‘fixed’. Copyright works don’t need a “©”, but it helps indicate the work is protected.
- 7. Q3. How long does copyright last? 10 years / 20 years / 70 years / Depends on the type of Work? Type of work How long copyright usually lasts Written, dramatic, musical and artistic work 70 years after the author’s death Sound and music recording 70 years from when it’s first published Films 70 years after the death of the director, screenplay author and composer Broadcasts 50 years from when it’s first broadcast Layout of published editions of written, dramatic or musical works 25 years from when it’s first published A. Depends upon the type of work and how long ago it was created.
- 8. Q4. Copyright does not apply when using material for educational or research purposes? True or False? A. False Copyright restrictions still apply, though there are permitted acts or ‘copyright exceptions’, which also apply in some cases.
- 9. Q5. I should be legally covered by the right to ‘fair use’ when it comes to making use of copyrighted material? True or False? A. False • No such thing as ‘fair use’ in UK law. • “Fair dealing” can be used as a defence, but isn’t fully defined in UK law
- 10. Q6. Most web content is classed as being ‘public domain’ and so can be reused freely? True or False? A. False. • ‘Public Domain’ is the term used of works in which copyright has expired or has no copyright attached to it. When copyright duration in a work expires, the work is said to enter the public domain Once in the public domain you can re-use that work without the need to ask for permission. However, just because you can view something freely online does not necessarily equate to it being ‘public domain’.
- 12. Intellectual Property Intellectual property (IP) refers to unique, creative works which can be treated as an asset or physical property i.e. • ‘Intellectual’ because it is creative output of the mind, and • ‘Property’ because it is viewed as a tradable commodity.
- 13. Copyright and Intellectual Property Intellectual property is something original which is subsequently ‘fixed’ in some format, such as written or drawn on paper, in an audio recording, on film, or recorded electronically. An idea alone is not intellectual property. For example, an idea for a book doesn’t qualify, but the words you’ve written do. As such, IP is, essentially, the tangible expression of ideas. Copyright is one of a group of rights, known as Intellectual Property Rights (IPRs), which legally protects the use of IP.
- 14. Intellectual Property Rights (IPRs) Intellectual Property Rights fall, principally, into four main areas; • Trademarks; • Designs; • Patents; • Copyright;
- 15. What is copyright? Copyright isn’t a single right as such, but a set of exclusive rights which originators/copyright owners of cultural, creative and artistic works have over the use of their work. This set of rights legally gives the copyright holder the exclusive right to determine: • who can use or make copies of their works; • under what circumstances; • in what media; • for what charge; Essentially, owning copyright is owning the ‘right to copy’.
- 16. What is copyright? Copyright does not protect ideas, rather the way these ideas are expressed. For copyright to exist in a work, the work has to be both: • original and • fixed i.e. tangible, recorded in a fixed format e.g. written down, recorded on tape, filmed etc. Works are attributed copyright protection, automatically, once they are recorded in a fixed format. Creators don’t have to register it and do not need © in order to be protected.
- 17. Copyright Law In the UK, the Copyright, Designs and Patents Act 1988 (as amended 2014) (CDPA) is the UK legislation which governs copyright. This law sets out the types of work protected by copyright, and the uses of those works which are the exclusive right of the copyright holder. It also sets out the length of time copyright should last.
- 18. How long does copyright last for UK works? Type of work How long copyright usually lasts Written, dramatic, musical and artistic work 70 years after the author’s death Sound and music recording 70 years from when it was first published Films 70 years after the death of the director, screenplay author and composer Broadcasts 50 years from when it was first broadcast Layout of published editions of written, dramatic or musical works 25 years from when it was first published
- 19. Duration of Copyright and Public Domain Copyright protection starts as soon as a work is created and fixed, but it is time-limited. Once the duration of copyright has expired, the work is then said to be in the ‘public domain’. ‘Public domain’ is a legal term for any work where copyright has: – Expired, or – Been waived by the rights holder. Once in the public domain, a work is no longer protected by copyright and anyone is permitted use or copy it without seeking permission.
- 20. Duration of Copyright and Public Domain It is important to distinguish the legal definition of public domain, where copyright no longer subsists, from the often perceived meaning of simply ‘being made available to the public’. This is particularly relevant when sourcing materials from the internet - just because something is accessible on the internet, does not necessarily mean it is in the ‘public domain’. Consequently, if you are using materials sourced from the internet, always check that they have been made available there, legitimately – whether by being legally in the public domain, or more usually, being made available under a Creative Commons (CC) Licence. Do not assume that because you can access something on the web, you can use it legally - always check, or the risk of infringing copyright increases.
- 21. Types of work protected by copyright Copyright exists in all creative works, including: • Literary works • Artistic works • Musical works • Dramatic works • Broadcasts • Film • Sound recordings • Typographical layout
- 22. Uses of works protected by copyright • Copying • Issuing copies to the public • Rental or Lending • Public Performance • Communication to the public • Adaptation
- 23. How does copyright affect you? Being aware of the types of work and the uses which are protected by copyright allows you to: • Become familiar with which licences are available. • Become familiar with and confidently apply permitted acts/copyright exceptions which apply to educational use. • Increase options. • Reduce risk of infringement.
- 24. Licences The Library, on behalf of the University, purchases a number of licences which covers its staff and students for legitimate educational use of copyright protected works. These licences often mean you can copy, re-use and share content from a wide range of sources for non- commercial, educational purposes. However, like all licences, they come with terms and condition, which have to be adhered to.
- 25. Licences Copyright Licensing Agency (CLA) HE Licence • Provision of multiple copies of extracts from published books and journals for educational purposes. • Library Digitisation Service is designed to help. Newspaper Licensing Agency Media Access (NLA) • Allows copying UK national newspapers to support teaching and research. Educational Recording Agency (ERA) / BoB • Allows the recording and retention of free-to-air TV and radio broadcasts to support teaching and research. Library e-resources (Primary Licences).
- 26. Licences • Website Terms & Conditions • ‘Bespoke’ permission • Filmbank / MPLC • UK Orphan Works Licence • Creative Commons – CC.
- 27. CLA HE Licence The University must own or subscribe to the source from which any copies are made: • This can be either in the Library or department The publication must not have been expressly excluded from copying under the CLA HE Licence repertoire: • Most works published in the UK are covered by the CLA HE licence, unless expressly stipulated by the publisher that it may not be included; • Many publications published outside the UK are also included; • The Licence does not cover sheet music, maps and charts, newspapers, workbooks; The amount copied must be within the allowable limits:
- 28. Under our CLA Licence you can copy: One whole: • chapter of a book • article from a single issue of a periodical • scene from a play • paper from a set of conference proceedings • single case from a volume of judicial proceedings • short story, poem or play (of less than 10 pages) from an anthology OR 10% of the total work Whichever is the greater
- 29. CLA HE Licence All DIGITAL copies must: • Only be accessible by staff and students of the University; • Have a Copyright Notice, or cover sheet; • Be reported to the CLA; The Library Digitisation Service helps with this.
- 30. Creative Commons Licences The standardised way of making works available on an open access basis is via Creative Commons Licence There are 4 primary licence elements which are mixed to create offer a suite of 6 licences. Each element has its own icon and abbreviation, making them easy to identify.
- 32. Copyright Exceptions UK Copyright law (CDPA) offers protection to the owners of copyright by allowing them exclusive rights to certain uses of their work – ‘Restricted Acts’. However The act also includes very specific situations where you are permitted limited use of copyrighted work without seeking permission from the owner – ‘Permitted Acts’ or ‘Copyright Exceptions’ i.e. exceptions to copyright law. One major area are permitted acts/copyright exceptions for education.
- 33. Education Copyright Exceptions Allow: • Limited use of copyright works without permission As long as: • The original is given attribution and acknowledged; • Use is non-commercial; • Use is ‘fair’ – ‘fair dealing’; Note: the above will likely cover a great deal of your use of others’ work
- 34. Fair Dealing Certain permitted acts/copyright exceptions only apply if the use of the work is a ‘fair dealing’. ‘Fair dealing’ is a legal term used to determine whether use of copyrighted material is lawful or if the use infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. Intellectual Property Office guidelines: The question to be asked is: how would a fair-minded and honest person have dealt with the work? Factors are: • Does using the work affect the market for the original work? Does the use affect or substitute the normal exploitation of the work? • Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount? • https://www.gov.uk/guidance/exceptions-to-copyright#fair-dealing
- 35. Key Education Copyright Exceptions s29 - Research or Private Study – fair dealing. s29a - Text & Data Mining. s30 - Quotation, Criticism and Review – fair dealing. s30A - Caricature, Parody or Pastiche – fair dealing. s31 - Accessible Copying. s32 - Illustration for instruction – fair dealing. s34 - Educational Performance. s35 - Recording of Broadcasts – in absence of a licence. s36 - Educational Copying of Published Extracts – in absence of a licence.
- 36. Copyright Exceptions and Non- contractual Override “To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.” Copyright, Designs and Patents Act 1998 (amended 2014)
- 37. Risk Management Risk is associated with how likely you are to be infringing copyright if you use copyrighted materials. As some of the most important words and phrases in copyright law are not defined, such as ‘fair dealing’, and ‘substantial part’, means it is necessary to approach the use of copyright material in teaching and research as a process of risk management. The higher the risk, the higher the chance of consequences. Institutional & individual reputation are at risk. Large fines and public notices are a possibility. Wherever possible use the lower risk option.
- 38. Risk Management No risk • Using items in accordance with a licence agreement, or where t&cs clearly permit use. Low risk • Using material under a copyright exception. • Using materials solely within a lecture or stored on password protected, University systems. Increasing risk • Posting 3rd party material to the open web. • Reusing materials illegally posted to the open web. • Using large & significant extracts, images, diagrams etc. without permission.
- 39. Key Messages • Start by considering whether the work you wish to use is protected by copyright, and whether the use you want to put it to is restricted by copyright. • Then consider if there are licences available which permit your use. • If no licences apply, consider exceptions. • You will always need to make a risk assessment. If relying on exception, consider what is ‘fair’.
- 40. Sources of information • Your Liaison Librarian or me licenses@liverpool.ac.uk. • Library Guides – advice and guidance – Copyright – Digitisation Service – Reading Lists @ Liverpool – Researcher KnowHow – Open Access – Postgraduate Research
- 41. Sources of information • Creative Commons – information on the use of CC licences • CREATe – UKRI centre for copyright and new business models in the creative sector • Copyright User – organisation to help you understand UK copyright law • The Intellectual Property Office provides information on Fair Dealing and Copyright Exceptions. These are key aspects of being able to use copyright protected work in your teaching and research https://www.gov.uk/using-somebody-elses-intellectual-property/copyright. https://www.gov.uk/guidance/exceptions-to-copyright https://www.gov.uk/government/publications/changes-to-copyright-law
- 42. Sources of information Copyright Licensing Agency HE Licence Newspaper Licensing Agency Licence Educational Recording Agency Licence
Editor's Notes
- #29: HAS TO BE REPORTED – VFM & ROYALTIES