Copyright faq

ILS - Intellectual Property Rights Series -No. 1 Copyright(September 2011)For guidance of other aspects of IPR relating to Trademarks, Database rights, Patents,

Design Rights, Performance Rights and Digital Rights please see the appropriate leaflets.

You might also find the leaflet on Creative Commons helpful.

Frequently Asked Questions1. What is copyright?

2. What does copyright cover?

3. What rights does the owner of a copyright have?

4. What rights does the creator/author have?

5. Who is the copyright owner of work produced in the FE or HE sector?

6. How is the right to use a copyright work usually obtained?

7. Are there exceptions to copyright in education?

8. Are there other licenses for copyright?

9. Are there any special conditions for using copyright material for educational use?

10.What is “fair dealing”?

11.How do I deal with download/upload copyrighted material on the Internet and

World Wide Web?

12.What is infringement of copyright?

13.How is infringement dealt with?

14.What are the probable consequences of infringement of copyright?

15.How long does copyright last?

16.What about Crown Copyright?

University of Worcester April 2012 Page 1

Remember: These Frequently Asked Questions are by no means exhaustive. If you are

uncertain about what you are allowed to do, ask. Remember the adage, “if in doubt,

don’t”. These FAQs are provided for your guidance, they do not form any part of a legal

document or advice.

If you are uncertain about copyright law speak to a Librarian who will either advise you or

pass your query on to the Digital Literacy Adviser ([email protected]) or an expert in

law. In situations where the leaflets or other resources are unavailable you can contact

the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property

Office (www.ipo.gov.uk)


mailto:[email protected]

Intellectual Property Rights SeriesNo. 1 Copyright (September 2011)

FAQ Answers1. What is Copyright

Copyright does not cover everything, other “rights” cover some creations. Copyright

does cover a wide range of creations which include:

The law governing copyright in the UK is

the Copyright, Design and Patents Act (CDPA) (1988) and its amendments. It

exists to protect the intellectual standing

and economic rights of creators and

publishers of all literary, dramatic, artistic,

musical, audiovisual and electronic

works.

Copyright protection is automatic in the

UK, there is no registration nor any other

procedure to follow. As soon as

something is created it is covered by

copyright. Ideas are not covered by

copyright. Copyright exists whether or

not the Copyright © symbol is attached to

the creators work.

Copyright law is different in different

countries. Generally students in the UK

are not affected by copyright law in other

countries. However, this is an issue

lecturers have to address if a course is

accessed from outside the UK.

It can be difficult to track down the owner

of a copyright as copyright can be bought

and sold. When trying to find the owner

of the copyright you should consider

checking with the following people:

the author or creator

the publisher

the employer

the producer/printer

the person who commissioned the

work


Remember: Copyright does not cover everything. You might also need to consider Design Rights, Trademarks or one of the other types of rights.

How does this affect me?

Regardless of whether you are a student, lecturer or other member of staff,

there are two ways Copyright affects you. The first way it affects you is, “You

as producer”, the second way it affects you is, “You as consumer”.

As a producer or creator of things you must consider which sort of Copyright

you want to place on the things you produce. If you produce something

without assigning some type of Copyright on it the object will bear the ordinary

Copyright that is assigned to everything new. This might restrict people’s

access to or use of your creation. It means that no one except you can make

a copy either by scanning or printing, no one may photograph or otherwise

recreate your work and no one can use your work to develop your idea further.

As a consumer, if Copyright is not limited or extended by a Licence, you may

not use any work other than in its original form. This means you cannot

reproduce it and put it in Blackboard, you may not copy it, in any format, and

distribute it to others, and you may not use it, or encourage others to use it, in

anything other than its original form. If you mention the work, in any format,

you must provide an accurate citation and reference for it.

Many items in the University Library are covered by other licences which allow you to

do some things that ordinary Copyright will not allow. You need to be aware of what

those licences allow you to do. Look at FAQ 7 and 8 and the information provided

by the photocopiers.

If you are still uncertain speak to a Librarian who will either advise you or pass your

query on to the Digital Literacy Adviser or an expert in law. In situations where the

leaflets or other resources are unavailable you can contact the National Archives


(www.nationalarchives.gov.uk) or the UK Intellectual Property Office

(www.ipo.gov.uk)

For guidance of other aspects of IPR relating to Trademarks, Database rights,

Patents, Design Rights, Performance Rights and Digital Rights please see the

appropriate leaflets. You might also find useful the leaflet on Creative Commons.


ILS Intellectual Property Rights SeriesNo. 1 Copyright (September 2011)

FAQ Answers2. What does copyright cover?

Copyright does not cover everything; other “rights” cover some creations. Copyright

does cover a wide range of creations which include:

Typographic work

Artistic works

Literary works

Sound recordings

Broadcasts

Music

Film

Dramatic works

Remember: These topics cover a

very wide range of expressions

e.g. typographic work does not

just apply to the font face it also

applies to the positioning of a

word on a page as well as many

other things.

See also question 14 for more

detail.


If you are using any of the above creations you need to consider which other forms

of Intellectual Property Rights (IPR) you may need to look at. They are just as

important as Copyright and can potentially cause you the same types of problems as

Copyright can.






(www.ipo.gov.uk)






FAQ Answers3. What rights does the owner of a

copyright have?A copyright owner has the following rights:

To copy a work

To issue copies of a work

To rent or lend the work to the

public

©JISC Legal – www.jisclegal.ac.uk

To make an adaptation of the

work

To perform, show or play the work

in public

To communicate the work to the

public

Remember: the owner of the

copyright is not necessarily the

creator of the work.


If you have ever created something, for example a photograph, you own the

Copyright to that creation if; you have never sold or given away the Copyright and as

long as you have not created it as part of your employment.




http://www.jisclegal.ac.uk/Default.aspx?tabid=463



(www.ipo.gov.uk)






FAQ Answers4. What rights does the creator/author

have?If the creator/author does not own the copyright they still have “moral rights” which

include:

To be identified as the author of the

work

To object to the false attribution of a

work


To object to derogatory treatment of

the work

Remember: These rights do not exist

where copyright has been originally

owned by the author’s employer


Unless you have created something for your employer (you should check what

restrictions apply in your particular case with your employer) you always have a

moral attachment to your work. This means you have a legal right for it to be

identified as yours and if it is not you can complain about it or if your work is treated

in an objectionable way you can also take legal action.





appropriate leaflets. You might also find useful the leaflet on Creative Commons. If

you are still uncertain speak to a Librarian who will either advise you or pass your




(www.ipo.gov.uk)



FAQ Answers5. Who is the copyright owner of work

produced in the FE or HE sector?If the creator/author is employed in the FE or HE sector their products are owned by the

employer unless otherwise stated. In the University of Worcester the IPR policy can be

found at http://www.worcester.ac.uk/graduateschool/documents/UW_IP_Policy.pdf In

brief this IPR Policy:

Applies to:

Any employee or post-graduate

research student

Other persons engaged in study or

research which entails using the

University’s facilities

Persons engage by the University

under contracts for services

Any creation produced in the course

of employment or studies (this

includes teaching materials)

Does not apply to:

Consultancy activity

Undergraduate

Taught post graduate

Paintings, poems, sculptures and

novels

Remember: Read the Policy, it is 12

pages long and contains a lot of

information. If you are uncertain

about your rights contact the UW

Business Development Office.



http://www.worcester.ac.uk/graduateschool/documents/UW_IP_Policy.pdf

A new Policy on this is currently in the Committee stage in the University but until

the time the new Policy is ratified the advice below applies.

If you are employed by the University or if you are a Research Student you do not

own the Copyright to some of your creations. Every University draws up a policy

for their employees and Research Students so there are no generalisations that

can be made. The information for employees of University of Worcester can be

found at http://www.worc.ac.uk/personnel/695.htm and the original template for the

wording in your contract can be found at http://www.ucu.org.uk/index.cfm?

articleid=1972

For Research Students the Copyright for your work is usually owned by you but if it

is part of a project, or a joint venture with a member of staff, or research with a

commercial interest the Copyright is usually owned by the University.





(www.ipo.gov.uk)


http://www.ucu.org.uk/index.cfm?articleid=1972

http://www.ucu.org.uk/index.cfm?articleid=1972

http://www.worc.ac.uk/personnel/695.htm






FAQ Answers6. How is the right to use a copyright

work usually obtained?The right to use copyright material is typically obtained by:

Seeking the permission of the

copyright owner, as set out in the

terms of a licence (such as the

work’s terms of use)

Seeking permission through a

licence issued by a collective

licensing society which has

authority to issue a licence on

behalf of the copyright owner


Seeking and obtaining permission

directly from the copy owner

Means of an assignment of copyright

in writing from the copyright owner

Remember: A licence gives someone

permission to do the things which the

copyright owner is entitled to

authorise or prohibit without infringing

copyright. University libraries obtain

various licences to facilitate research.


You can do some of this yourself depending on how accessible the information is. Check

who holds the Copyright and if a licensing society holds a licence for it or if the creation

has licence information attached to it. For example this information can often be found at

the front of a book and often starts with words like, “Except as otherwise permitted under

the Copyright, Designs and Patents Act ...” or “Except where otherwise noted, third-party



party content on ...”. You might then need to write to the owner of the Copyright. If you

are still uncertain speak to a Librarian who will either advise you or pass your query on to

the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other

resources are unavailable you can contact the National Archives

(www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)






FAQ Answers6. Are there exceptions to copyright in education?

In the education context relevant exceptions which allow limited use of copyright works

without the permission of the copyright owner include

Fair dealing for non-commercial

research and private study, criticism

and review

Licensing agreements (Such as

those obtained through the

Copyright Licensing Agency)

Non-exact copies of works for

teaching purposes in educational

establishments (such as copying

material by hand)

Remember: Copyright law uses some

vague terms such as limited and

insubstantial. In the courts these

terms are interpreted very narrowly.


Most of what you use, which is provided by the University, falls under the, “Fair dealing

for non-commercial research and private study, criticism and review” and “Licensing

agreements”. However, you cannot assume that this is always the case. Look at

questions 8, 9 and 11 for further information. If you are still uncertain speak to a Librarian

who will either advise you or pass your query on to the Digital Literacy Adviser or an

expert in law. In situations where the leaflets or other resources are unavailable you can


contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual

Property Office (www.ipo.gov.uk)






FAQ Answers7. Are there other Licenses for

copyright?Two other commonly used Licenses for Copyright include the Open Government Licence

and Creative Commons Licences. Both are dealt with in separate leaflets but an outline

of each is given below.

The Open Government Licence is

the default licence for a wide range

of information owned by the Crown

and

Can be adopted for use across the

UK Public Sector

There are 7 Creative Commons

Licences. One is completely open, 3

deal with commercial copyrights and

the other 3 deal with non-commercial

copyright

Remember: There are other copyright

licences available throughout the

world. Be sure you know which one

you are dealing with.


Both Open Government and Creative Commons Licences tend to make it easier for

you to use the creations provided. It is still your responsibility, however, to check

and see just what is allowed under each licence. You can find this information in


the Creative Commons leaflet and in question 15 of this IPR Series No1.

If you are still uncertain speak to a Librarian who will either advise you or pass your query

on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or

other resources are unavailable you can contact the National Archives







FAQ Answers8. Are there any special conditions for

using copyright material for educational use?

A general guideline from the Copyright Licensing Agency in relation to how much may be

photocopied, scanned or digitally copied (e.g. photographed) is provided on their web site

http://www.cla.co.uk/licences/excluded_works . Some works are excluded from this

guideline and you should check with a Librarian to ensure you are practicing safely. You

may photocopy, scan or digitally copy whichever is the greater of those amounts

identified below:

A chapter of a book

An article from a journal

5% of the publication

An “insubstantial” part of one of the

above – insubstantial in this sense

applies to both quality and quantity

(e.g. a single line in a murder

mystery that reveals who the

murderer is, is a substantial part of

the book)

Remember: These rights do not apply

to work published everywhere in the

world. It only applies to the UK and

30 other territories/countries (e.g. it

does not include China).

See also question 14 for more detail.


http://www.cla.co.uk/licences/excluded_works


Try to copy as little as possible, find other ways of maintaining a contact with

material you think you will want to return to. For example if the material is on the

web put a link in your referencing tool (e.g. Delicious or Diigo) or at the very least

Bookmark or Favourite it. Use a highlighting program such as Citebite or

Awesome Highlighter, you can then go back to the exact paragraph rather than

having to wade through the whole article. If you have a wealthy relative get them

to buy you a digital or smart pen they cost between about £75-£150. If you are a

lecturer you might also want to ask your Academic Liaison Librarian about creating

copyrighted packs for your students.







appropriate leaflets. You might also find useful the leaflet on Creative Commons



FAQ Answers9. What is “Fair Dealing”?

“Fair Dealing” is UK terminology and should not be confused with the USA term “Fair

Use” which is defined differently. A guiding question that might be used is, “will my use of

the work impair the market or damage the sales of the original?” If the answer is “yes”

you should not make a copy. Fair Dealing guidelines have been provided by the Society

of Authors in 1965, these state that you should copy no more than one copy of:

One article from any one issue of a

journal

One chapter or up to 5% of a book

or similar publication

Up to 10% of a short book of up to

200 pages (Library Association

guidelines)

One poem or short story of up to 10

pages from an anthology

The report of one case in law reports

Remember: The Copyright Licensing

Agency’s (CLA) Photocopying and

Scanning Licence allows amounts in

addition to those under Fair Dealing

(see question 8 and 11)


This idea of Fair Dealing can be very misleading. There are many examples of

cases in the courts where people think they are allowed use something under the

heading of Fair Dealing. If you are just using a copy for your personal use in an

essay or to inform your own studies then you can fairly safely assume it is covered

under Fair Dealing. Fair Dealing cannot be used if you distribute a downloaded or


photocopied article or book chapter either in hardcopy or from inside Blackboard.





(www.ipo.gov.uk)






FAQ Answers10. How do I deal with downloaded/

uploaded copyrighted material on the Internet and World Wide Web?

If any creation or product is made available or is to be made available on the Internet, in

any format or interface, copyright law still applies in the normal way. So in order to:

Reuse a creators/authors work on

the Internet, permission for the

particular use must be obtained.

Download a creators/authors work

to use in some place other than the

Internet, permission for the

particular use must be obtained.

Use some creations/authored works

certain permissions might be

provided by a Creative Commons

licence (see the leaflet on Creative

Commons for more information).

Remember: Check what type of

copyright and/or licence applies to

any work, in whatever format, you

wish to download from the Internet

and/or World Wide Web.


It is your responsibility to check which licence is being used for a particular

creation. Just because there is a Creative Commons Licence on a blog or website

it does not mean that third party (stuff not created by the owner of the blog or


website) creations used on the blog or website carry the same licence. If you are

uncertain contact the blog or website owner or manager.





(www.ipo.gov.uk)






FAQ Answers11. What is infringement of copyright?

In copyright law the word substantial is interpreted as either “important” or as “a large

amount”. Important or substantial might mean a single line or even a word that

provides the answer to a question; it could be a newspaper headline of special note or

it might be a whole chapter. If the copyright holder might be financially disadvantaged

by what you have done infringement of their rights might be said to have occurred.

Infringement occurs if:

The whole or part of a

creation/authored work has been

used without permission

The whole or part of a


used in an unlicensed way

A substantial/important part of a


used without permission

A substantial/important part of a


used in an unlicensed way.

Remember: Infringement of copyright

law can be pursued as a Civil

Offence or as Criminal Liability.


Is this work I wish to use a substantial piece of the creators work? An example

often given is the paragraph or line in a murder mystery book which reveals who

the murder is. It is a very important part but a small percentage of the whole book.


If you used it you would be infringing Copyright. Think before you use.










FAQ Answers12. How is infringement dealt with?

There are a number of ways infringement of copyright can be dealt with. When

infringement is discovered the owner of the copyright may

Contact the person infringing their

copyright and ask them to withdraw

the offending work. This might lead

to a negotiation of payment for the

use of the copyrighted work.

Send a solicitors letter (a Cease

and Desist Notice) threatening

further action if the offending work

is not withdrawn

Immediately proceed with an

expensive Court Case or Settlement

Remember: There is no requirement

on the part of the copyright owner to

warn the person infringing their rights.

The copyright owner might proceed

directly to a Court Case. The only

thing that tends to delay this (and

thus allow for negotiation) is the

extremely high cost of a Court Case.


If you are contacted by a Copyright owner or by a Solicitor on behalf of a Copyright

owner you must act immediately. Take the offending item down (wherever

possible) and (where this is University work) advise your manager you have done

so. Immediately apologise profusely and sincerely to the Copyright owner and tell

them you have taken the item down where you are able to do this. If the Copyright


owner wishes to pursue the matter further you should advise your manager and

they will contact the University Registrar and Secretary. Usually the Copyright

owner is happy with the work being taken down. If they are then you can try

negotiating a price for you to use their work – get help from ILS to do this.





(www.ipo.gov.uk)






FAQ Answers13. What are the possible consequences

of infringement of copyright?Infringement of copyright can result in a number of consequences. These can include

An injunction to prevent further use

An order to surrender the

copyrighted work to the copyright

owner

An order requiring the infringing

goods be destroyed or delivered to

the copyright owner

An order that any resulting profits

from the infringement are paid to

the copyright owner


Damage to the person’s/institution’s

reputation

Loss of confidence in the reliability of

the person’s/institution’s work

Affected resources having to be

withdrawn at inconvenient times

Loss of trust by publishers and other

copyright owners

Where deliberate infringement of

copyright is undertaken as part of a

trade of business this may fall under

Criminal Law. Conviction can result

in an unlimited fine and up to ten

years’ imprisonment

Remember: Ignorance of the law is

no defence




If this is your own work and the Copyright is not owned by the University you can

be held accountable under the law. This means that you will be responsible for

any; payments for use of the Copyright, court costs, and barrister’s and solicitor’s

fees. If this is work you have carried out for the University and the Copyright for

that work is owned by the University the University will be responsible. However,

under contract law you ...





(www.ipo.gov.uk)






FAQ Answers14. How long does copyright last?

The question, “how long does copyright last”, cannot be answered simply or briefly, you

are, therefore, directed to flow diagrams [copyright for archivists and record managers]).

These rights apply regardless of the format they appear in e.g. a book, a web page, a

Tweet. The period of copyright has been increasing since copyright first started; the

advice on the length of period for copyright provided here, therefore, should always be

checked. The period of copyright differs depending on a number of factors:

Typographic work – applies to any

typographical arrangement of a

published edition of a literary,

dramatic or musical work. The

period of copyright is 25 years from

the end of the year in which the

edition was first published.

Artistic works – artistic works

include: graphic art, photographs,

sculptures, collages, architectural

models and works of artistic

craftsmanship. A rule of thumb of

70 years after the end of the year in

which the artists died but, beware,

Broadcasts – the definition of a

Broadcast is: a transmission made to

be received at a particular time

chosen by those creating the

transmission. An Internet

transmission is not a Broadcast

unless it complies with the above

definition i.e. it is Broadcast on the

television at exactly the same times

as on the Internet or it is a live

Broadcast. The period is 50 years

from the first Broadcast or delivery.

Music – musical work includes the

score, rhythm, harmonies and


that does not always apply.

Literary works – include anything

which is written, spoken or sung in

any format. Literary works include

computer programming, mark-up

codes e.g. html and Cascading

Style Sheets (CSS) . The period is

the lifetime of the author plus 70

years from the end of the calendar

year in which the author died.

Sound recordings – this has

recently been increased to 70

years, from the date of publication

of the recording or, from the end of

the year in which the recording was

made. This applies to any type or

form of sound recording whether it

is a Beatles song or a recording of

traffic noise.

melodies produced in any format.

Excluded are any words or action

intended to be sung, performed or

spoken with the music, these come

under Literary Works. The period is

the lifetime of the composer plus 70

years from the end of the calendar

year in which the composer died.

Film – as an example of how

parochial copyright can be this right

applies only to work created in the

EU and where at least one of the

principle creators is an EU national.

The word Film means any type of

moving, visual recording in any

format. The principle creators include:

the Director, the Screenplay Author,

the Dialogue Author, the Soundtrack

Composer. The period is 70 years

after the death of the survivor of one

or more of the principle creators.

Dramatic works – a dramatic work is

one of action with or without words or

music and thus includes mime and

dance. There are two periods for

dramatic works. These two periods

are either, 70 years after the end of

the calendar year in which the works

first took place or 31st December

2039, whichever is the earlier.

Remember: These periods change

fairly frequently and you should check

that the same period still applies to


the creation you wish to use.

How does this affect me?If you are a creator/author you should be aware of how your work is affected by

copyright. It does not just protect your work it also defines how people may access

your work. Some creators/authors find ordinary Copyright too restrictive for their

work and seek other type of licensing frameworks.

More frequently you will be a user of someone else’s work. From this view point

you should ensure you know which category the work you wish to use falls under.





(www.ipo.gov.uk)






FAQ Answers15. What about Crown Copyright?

The Controller of Her Majesty's Stationery Office (HMSO) at The National Archives

manages Crown copyright and Crown database rights on behalf of Her Majesty the

Queen. Crown creations can include any of the same types of work as those mentioned

in Answer 14 above. Crown Copyright creations exist in three forms two of which are

open licenses:

Crown copyright does not allow

any copying or recreation of any

type. These days this very strict

Crown copyright mainly covers

logos and typography. Crown

copyright also covers

creations/publications of whatever

type created by officers or servants

(i.e. employees) of the Crown. That

means anything created by

someone in Local Government,

National Government or who is a

Civil Servant. It also covers

creations made on behalf of the

Crown by other organisations.

Open Government Licence for non-commercial use. Much of this

information was previously covered

by a range of older Licenses: the PSI

Licence, also known as the Core

Licence or HMSO Class Licence, and

the Value Added Licence. The OGL

can cover: non-personal information

and works which are subject to

copyright and database right,

previously unpublished datasets

released by the public sector; and

source code and software originating

from public sector bodies.

Open Government Licence for


However, these days most

government departments are

encouraged to use an Open

Government Licence for most of

their creations.

commercial use.

Remember: If you are unsure of the

copyright covering a government

creation/publication contact the

National Archives

(www.nationalarchives.gov.uk) or the

UK Intellectual Property Office

(www.ipo.gov.uk)


Luckily this makes your life much easier. Finding which Copyright applied to

Government documents was rather difficult at times. With Open Government

License very nearly everything you will want to use for academic purposes with be

covered.





(www.ipo.gov.uk)





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