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Copyright: what you need to know http://www.lshtm.ac.uk/library/guidance/copyright/ 27/05/2015 Library and Archives Service
Copyright: what you need to know
http://www.lshtm.ac.uk/library/guidance/copyright/ 27/05/2015
Library and Archives Service
Copyright: what you need to know
Presentation Summary
• Copyright basics• Exceptions in Copyright for
Educational use• Explaining “Fair Dealing”• Copyright Licensing Agency
(CLA) Licence• Other licences• Broadcast licences• Audio Visual copyright
• Creative Commons licences• Crown Copyright• Disability exceptions• Theses copyright• IPR• Student copyright
Copyright: what you need to know
Intellectual Property
• Copyright• Moral Rights• Patents• Trademarks• Design rights• Performance rights
http://creativecommons.org/licenses/by/2.0/ - Alan Cleaver https://www.flickr.com/photos/alancleaver/4105747756/sizes/m/in/photostream/
Copyright: what you need to know
http://www.legislation.gov.uk/ukpga/1988/48/contents
Copyright: what you need to know
What can be copyrighted?
Copyright: what you need to know
Copyright Durations
• Text – 70 years after death of author• Sound – was 50 but now 70 years
from first performance• Film – 70 years after death of
director, screenplay author, composer, author of dialogue
• Broadcast – 50 years after initial broadcast
• Typographical – 25 years after publication
Image: Time Lost by Gothick Matt https://flic.kr/p/5ZWE2D (CC-BY-NC)
Copyright: what you need to know
Copyright Duration
Copyright: what you need to know
Exceptions for Education
• Examination/Assessment
• Research & Private Study (non commercial)
• Criticism & Review• Illustration for instruction
(NEW as of 2014)
Public Domain http://www.beloit.edu/~nurember/book/images/Miscellaneous/
Copyright: what you need to know
Examination & assessment
• Use of copyright material for exams
• As long as it’s ‘fair dealing’• The work must be attributed
Image: Monks’ examination day by Vera & Jean-Christophe https://flic.kr/p/4z9Je2 (CC BY-SA)
Copyright: what you need to know
Research & Private Study (non commercial)
• You are allowed to copy limited extracts of works when the use is non-commercial research or private study.
• Only permitted when it is ‘fair dealing’ (not copying the whole work).
• Supported by a sufficient acknowledgment. Image: Photocopier display by net_efekt
https://flic.kr/p/88Jxvq (CC BY-NC 2.0)
Copyright: what you need to know
Criticism, review and reporting current events
• General allowance for purposes of criticism, review or quotation is allowed for any type of copyright work.
• If this is the case, a minimum amount of material must be used (usually a short quote) – fair dealing
• Sufficient acknowledgment will be required.
• A photograph cannot be reproduced for the purpose of reporting current events.
Copyright: what you need to know
Criticism and review: an example
Heti, S., 2014. But I invested in you! Review of The Love Affairs of Nathaniel P. by Waldman, A. London Review of Books [Online] vol. 36 no. 14 pp. 26-27. Available from http://www.lrb.co.uk/v36/n14/sheila-heti/but-i-invested-in-you[Accessed 18 May 2015].
Copyright: what you need to know
2014 changes to legislation
• Previously…..Copyright, Designs and Patents Act 1988 (CPDA) (Sections 32-36A) contained exemptions for education, but some restricted to activities "at an educational establishment“
• Distance learners – who may be sitting at home, in the office or even on trains or planes – couldn’t benefit.
The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014http://www.legislation.gov.uk/uksi/2014/1372/made
New &
Improved!
Copyright: what you need to know
Illustration for Instruction
• Now forms part of “criticism and review”
• The use of copyrighted material is defensible if it is for the purposes of “illustration for instruction".
• All copies must be to illustrate a teaching point (and not simply to make presentation attractive)
• The term ‘illustration’ is not defined. Must be accompanied with an acknowledgement
Image: Teaching my first weekend MBA class at Haas (back in 2005) by Jose Camões Silva https://flic.kr/p/29MyUr
Copyright: what you need to know
Illustration for Instruction 2
• Includes setting examination questions, communicating the questions to pupils and answering questions.
• Copying is not limited to types of copyright works (so you can copy ALL types of copyrighted material)
• Now allows copying of films, music or broadcasts for use in a teaching session.
Copyright: what you need to know
Illustration in Instruction 3
• Not restricted to educational establishments - includes any teaching / provision of instruction
• No licence or contract can prevent you from using this exception.
• Copies may not be used outside of a teaching session context or VLE such as Moodle.
Copyright: what you need to know
…So you can now do this…
Copyright: what you need to know
Fair Dealing
Image: Careful Now by Abulic Monkey https://flic.kr/p/cYpSx
Copyright: what you need to know
What is fair dealing?
• You are allowed to make a copy of limited extracts of copyrighted works
• when the use is non-commercial research or private study
• Assess whether your use of the work is has any financial impact on the copyright owner because of your use.
• Copying the whole work would not generally be considered ‘fair dealing’.
• Where the impact is not significant, the use may be acceptable i.e. “fair”
Copyright: what you need to know
Fair Dealing
As a rule of thumb do not copy more than the following…
Image: Thumbs up by Paul https://flic.kr/p/9FK7xh
Copyright: what you need to know
Fair Dealing
• one article in a single issue of a journal
• a set of conference proceedings• a single law report• an extract from a book
amounting to 5% of the whole or a complete chapter, (whichever is greater)
Images: 5 percent by Duncan C (CC-BY-NC) and My senior thesis: "The Internet is..." (from 1996) by Eszter Hargittai (CC BY-NC-SA) Thumbs up by Paul https://flic.kr/p/9FK7xh
Copyright: what you need to know
Fair Dealing
• Short story from a collection not more than 10 pages
• A whole poem
Mosquito
I was climbing up the sliding boardWhen suddenly I felt
A mosquito bite my bottomAnd it raised a big red welt.So I said to that mosquito,
“I’m sure you wouldn’t mindIf I took a pair of tweezers
And I tweezered your behind!
He shriveled up his bodyAnd he shuffled to his feet,
And he said, “I'm awfully sorry
But a skeeter's got to eat!
J. Patrick Lewis, "Mosquito" from Two-Legged, Four-Legged, No-Legged Rhymes, published by Alfred A. Knopf
Copyright: what you need to know
Fair Dealing
• Up to 10% (maximum of 20 pages) per short book (without chapters)
• Single report• Single pamphlet • Standard Specification (E.g.
British Standard)
Copyright: what you need to know
Licences
Copyright: what you need to know
CLA Higher Education Licence
Copyright: what you need to know
Allows us to…
• Photocopy books, journals and magazines published in the UK and 33 other countries
• Scan for distribution to students from titles published in the UK and 17 other countries.
• Make copies of digital material such as online magazines, eBooks and certain website materials.
Copyright: what you need to know
As well as…
• Use copies with digital whiteboards, VLEs and Microsoft PowerPoint programs.
• Copy photographs, illustrations, charts or diagrams where they are included in an article or a book extract.
Image: 2 kids at a 2Touch IWB in Melbourne 2 by Pablo Garcia (CC-BY) https://flic.kr/p/9nE8u2
Copyright: what you need to know
Example: Diagrams
Copyright: what you need to know
Fair Dealing (again)
• one article in a single issue of a journal
• an extract from a book amounting to 5% of the whole or a complete chapter, (whichever is greater)
• where proportions can’t be identified (e.g. websites), estimate an extract of a fair and reasonable length.
Images: 5 percent by Duncan C (CC-BY-NC) and My senior thesis: "The Internet is..." (from 1996) by Eszter Hargittai (CC BY-NC-SA) Thumbs up by Paul https://flic.kr/p/9FK7xh
Copyright: what you need to know
Moodle
• The CLA needs to collect certain data from holders of the Licence (us!) regarding Digital Copies
• This informs the fair distribution of Licence fees to publisher rights holders
• It allows them to monitor scanning and usage trends under the Licence
Copyright: what you need to know
Which means…..
• Teachers should only make articles from online journals or e-book chapters available by adding web links.
– Mold, A; (2012) Patients´ Rights and the National Health Service in Britain, 1960s-1980s. American journal of public health, 102 (11). pp. 2030-8. ISSN 0090-0036 DOI: 10.2105/AJPH.2012.300728
Copyright: what you need to know
Making digital copies
• Teachers themselves cannot scan or upload articles to a VLE (Moodle)
• Even if the author gives us a copy – their copy even• Even if the paper is “Open Access” (The paper’s copyright still exists)• Unless licensed for re-use (Creative Commons licences for example)• If a PDF is required it should be obtained via the Library’s Digitisation
Service instead
Copyright: what you need to know
Copyright notice cover sheet
Copyright: what you need to know
CLA digitisation return form
Copyright: what you need to know
What can you copy for Moodle - flowchart
Copyright: what you need to know
What can you copy for coursepacks - flowchart
Copyright: what you need to know
Newspaper material
• Basic Licence with the Newspaper Licensing Agency that allows copying from:
• all national newspapers• up to 5 regional or international
newspapers for students• Mainly used by LSHTM Press Office
Image: Newspapers by Laffy4k (CC BY) https://flic.kr/p/qGyUm
Copyright: what you need to know
Newspaper material
• Emailing of articles to students.• Newspaper copies can also be stored
on Moodle • Unlike the CLA HE Licence (which
permits the use of copies for the duration of the course) the NLA Licence restricts this to a maximum of 28 days.
Image: 28 Days Later Movie T-Shirt by Enda Nasution (CC BY-NC 2.0)
Copyright: what you need to know
Broadcast material
• Educational Recording Agency (ERA) (ERA+) licence allows you to make recorded broadcasts available on the VLE (Moodle).
• This includes use of certain on-demand services such as BBC iPlayer, 4OD, 5OD etc.
• Institution can not only copy but also retain broadcast material - build up libraries with valuable resources to be used when teaching.
• Students outside of the UK cannot view them because of territorial broadcast rights (similar to BBC iPlayer). DISTANCE LEARNERS IN PARTICULAR ARE AFFECTED
Image: RKO by Insomnia Cured Here https://flic.kr/p/kYpfxi CC BY-SA
Copyright: what you need to know
Showing films - education
• S.34 of CPDA allows performing or showing copyright works before an educational audience (being viewed as part of course of learning)
• As it is being viewed on School premises it is likely this will be considered a 'public performance' of the copyright work (even if the audience is only 1 student).
Copyright: what you need to know
Recorded lectures
• New Policy to go to Committee (June 2015)
• All lectures to be recorded – screen and audio
• ‘Opt-out’ option offered• Illustration for instruction
exception to be used – & monitored
Copyright: what you need to know
Showing films - entertainment
• Where the purpose of the viewing of a copyright work is entertainment
• not for educational purposes • or in a private domestic setting (the
library and the School generally would be considered a public place)
• A licence, such as those offered by Filmbank, likely to be required.
Cinema by MorBCN https://flic.kr/p/qBxd2 (CC BY-NC-SA)
Copyright: what you need to know
Question• Can I upload a film from a DVD to
Moodle?
Answer• No. You are not the rights holder.
Video/Broadcast questions
Copyright: what you need to know
Question• Can I take a clip from a DVD for use
on Moodle for students?
Answer• Yes. If it’s to illustrate a teaching
point and it’s “fair dealing” as well as acknowledged.
• Also has to be restricted to your students only – which makes it fair.
Video/Broadcast questions
Copyright: what you need to know
Question• Can I use YouTube clips in my
teaching?
Answer• Yes. The Court of Justice of the
European Union handed down a landmark verdict in October 2014. The Court ruled http://bit.ly/1Ldn70j that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission.
• Does not mean download & convert them to another format, which is not automatically permitted by YouTube
Video/Broadcast questions
Copyright: what you need to know
Question• Can I use use a video streaming
service like BBC i-player to show programmes in the School?
Answer• Yes. S.34 of CPDA http://
www.legislation.gov.uk/ukpga/1988/48/section/34 allows performing or showing copyright works before an educational audience (being viewed as part of course of learning)
Video/Broadcast questions
Copyright: what you need to know
Exceptions for disabilities
• Under s.31B of the CDPA we can make and supply accessible copies of works for the use of disabled persons, without infringing copyright.
• The institution must have lawful possession or lawful use of the work and must continue to have such use as long as the accessible copies are held
Image: Pocket magnifier by cobalt123 (CC-BY-NC-SA)
Copyright: what you need to know
Exceptions for disabilities (2)
• This exception does not apply if there is a commercially available (at reasonable cost) accessible copy (e.g. large print book)
• Cannot make a profit out of helping you make an accessible copy, but we can charge a fee covering costs.
Copyright: what you need to know
Making multiple copiesFor multiple copies to be made for other disabled users:
• Statement that the work is made under s.31B of the CDPA
• Acknowledgement of the author• Record what copies have been made
and for whom• The records to be available for
inspection and must, within a reasonable time, be notified to the copyright owner or any body (such as the CLA) which represents the copyright owner.
Copyright: what you need to know
Creative Commons
• Still copyright!• 4 main licenses• States what you can do
with it• CC-BY-NC-ND• Reuse non commercially
Poster by David Ashby http://techtoolsforschools.blogspot.co.uk/2014/01/creative-commons-posters-part-i.html (CC-BY-SA)
Published by the Australian Research Council Centre of Excellence for Creative Industries and Innovation in partnership with Creative Commons Australia (CC-BY)
Introducing Licences for Researchers: From Creative Commons to Research
Data
Seminar – open to all staff & students
Video recording:https://panopto.lshtm.ac.uk/Panopto/Pages/Sessions/List.aspx#
Copyright: what you need to know
Crown Copyright
• Crown copyright work which has been published will have copyright protection for 50 years from the end of the year in which the work was published.
• The Open Government Licence is a copyright licence for these works published by the UK government. It may also be applied to publications by other public sector bodies in the UK.
• Developed, and maintained, by The National Archives.
• It is compatible with the Creative Commons Attribution (CC-BY) licence.
• Attribution example:
• [Insert name of information resource, information provider and/or rights owner, date of publication], licensed under the Open Government Licence [insert link].
Copyright: what you need to know
School Copyright
“The intellectual property right in work produced by School staff rests with the School”.
Such IPRs would include copyright.
http://www.lshtm.ac.uk/library/guidance/copyright/school_intellectual_property_policy_2005_.pdf
Copyright: what you need to know
School copyright
• Copyright generated in the ‘course of employment’ commonly includes:
• (a) all written work such as articles, power point slides, databases; • (b) lecture notes and other taught course content, emails etc; • (c) all images, diagrams, technical drawings, photographs etc.; and• (d) software.
• This is true in all forms in which the copyright is expressed, whether physical, electronic, digital, magnetic etc. It is for the employee to demonstrate the existence of special arrangements that exempts them from this basic rule.
Copyright: what you need to know
Student Copyright
The School's IP policy states that students of the School own their own Intellectual Property (IP) this includes:
• Any coursework, project, dissertation or thesis produced by the student
• They own the copyright, no copying, issuing or publication of such works can occur without their prior written consent.
Image: By Urbanplay (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)
Copyright: what you need to know
What about copyright in a thesis?
• Copyright in the thesis (as distinct from other research outputs such as the data set) rests with the student.
• As part of the E-Theses policy the School seeks a non-exclusive licence to enable the thesis to be made available via the School's online research repository LSHTM Research Online.
• Theses held in LSHTM Research Online will have the Creative Commons licence CC BY-NC-ND
Image: First e-born thesis by John Murtagh (CC-BY-SA) https://blogs.lshtm.ac.uk/library/files/2014/05/First-e-thesis.jpg
Copyright: what you need to know
What about other copyright material in a thesis?• Under the "fair dealing" exception for criticism and review in UK Copyright Law, students are allowed to
include third party material in their e-thesis as long as it meets certain criteria:• Any item copied must be accompanied by a discussion or assessment of its value, significance or
importance• Only use the minimum amount necessary to fulfil the criteria.• The source must be acknowledged
• If not – they should request copyright clearance.
• Template emails to request clearance from the permissions holder are available and a School presentation on "How to Make Your Thesis Legal" is also available on Slideshare and Thesis page.
• Where third party material has not been cleared then the student must also submit a redacted version of the final, post-viva corrected thesis. The redacted copy must be clearly identified in the file name.
Copyright: what you need to know
Advice
Copyright is law and infringement does have consequences… Image by Marko Vallius https://www.flickr.com/photos/mvallius/3669297796/ (CC-BY-NC_SA)
Copyright: what you need to know
Copyright: what you need to know
More questions!
• We are a new School group and want to put on our website summaries of systematic reviews, are we allowed to do this?
• Yes, as long as the summaries are not simply copied extracts you will have created a ‘new’ work and a new copyright will be in the summaries
Copyright: what you need to know
• We recently had a very popular series of talks given by internal and external speakers, these were filmed and we noticed that a lot of the presentations had images in them, can we upload these to the website and vimeo/youtube?
• Yes but make sure the images are supporting a teaching point rather than for aesthetic reasons. Also make sure it’s attributed fully and is ‘fair dealing’.
Copyright: what you need to know
• We are running a short course and will be uploading talks given by LSHTM lecturers and external lecturers to Moodle, is there anything we need to think about?
• Yes, you will need to get permission from external speakers to put in Moodle, you can use these permission forms available here
LSHTM Lecture Capture Facilities - http://www.lshtm.ac.uk/its/staffservices/av/lecturecapture/index.html
Copyright: what you need to know
• We have slides from a key module from last year created by a lecturer from LSHTM who left last year and we don’t know how to contact her, can we use them?
• Yes, they were created as part of their employment so the copyright belongs to LSHTM
Copyright: what you need to know
• While working in Kampala a teaching colleague of ours took some photographs at a maternal clinic, everyone there agreed to have their photo taken but we don’t have any written permissions can we use them?
• The teacher will have copyright in the photographs, so you will need to seek a license to use them
• Ideally signed permission from those in the photographs but here there is implied consent
Copyright: what you need to know
• We are trying to create an interactive activity for our students to help them develop their abstract writing skills, we will give them published articles and hide the abstract and get them to write their own do we have to clear copyright for each article?
• If the Library owns a copy of the article you are allowed to make modifications under our CLA HE licence
Copyright: what you need to know
• We want to place copies of previous students’ essays on Moodle to provide students with examples of good and bad answers, since their work was part of their study here at LSHTM we can do this?
• No, you will need to seek permission from the students since they own all copyright in the work they produce
Copyright: what you need to know
• As part of our instruction in The Economics of Global Health Policy short course we have found a number of videos on YouTube that we would like to embed within Moodle, are we allowed?
• Linking to the material is best but you can now (since October 2014) embed the frame into Moodle.
Copyright: what you need to know
• I took a photograph of a model of a brain at the Science Museum’s Mind Maps: Stories from Psychology exhibition therefore it is my copyright and I will be using the photo in an article I am having published, is there any other issues I need to think about?
• Yes, there will be copyright in the model of the brain and copyright in the display in the museum, you will need to seek clearance. You will own copyright in your photograph but it is an infringement
Copyright: what you need to know
• I want to use an image I found on the internet but I can’t find out who the copyright holder is, can I just use it?
• No, either look for another image available to use under a CC Licence or if you definitely need to use it you will need to prove ‘due diligence’ in seeking clearance and keep a record of this
Copyright: what you need to know
• Can I take a screen-shot from a website and use in my article?
• You should contact the website owner for permission
Copyright: what you need to know
• We found an image on Flickr and the creator gave us permission to use the image on some promotional material, we now want to use this image on the departmental page do we need to contact the creator again?
• Yes, you will need to seek clearance for each different way you use the image, ideally plan before and seek clearance/license for all possible uses
Copyright: what you need to know
Useful sites
• Exceptions to copyright: Libraries, archives and museums
• Questions and Answers - Copyright Changes 2014 (JISC Legal)
• Creative Commons Search: Find content you can share, use and remix
• CLA Higher Education FAQs http://he.cla.co.uk/get-in-touch/id-like-to-know/
• Copyright for Education blog http://copyright4education.blogspot.co.uk/
• Film Bank: http://www.filmbank.co.uk/licences/single_title_screening.asp
http://www.lshtm.ac.uk/library/guidance/copyright/
Copyright: what you need to know
Contact020 7958 8193
No Known Copyright Restrictionshttp://www.awm.gov.au/about/copyright/index.asp
