Copyright for Learning, Teaching and Research

Part 1

Andrew McVay, Legal Compliance OfficerInformation Services

Copyright & Licensing Team

Brief Outline

What is Copyright? What is covered by Copyright? Copying Legally

Out of Copyright Copyright Waived Permitted Acts

• Fair Dealing (copying for non-commercial private study)• Education

Copyright Licences Obtaining permission

What is Copyright?

Copyright is the legal protection given to creators of original material against unauthorised exploitation of their work.

As defined by the Copyright, Designs and Patents Act 1988, Part 1 (as amended).

• Eg. Copyright (Visually Impaired Persons) Act 2002• Copyright and related Rights Regulations 2003

Basically, copying without permission is illegal!

What is covered by Copyright?The © symbol does not have to be displayed on original work for it to be subject to Copyright.

Copyright subsists in:

•Books

•Articles

•Photographs

•Films and Videos

•Sound Recordings

•Artistic works

•Musical works

•Computer programs

•Databases

•Typographical arrangements

Copying Legally

• You own the copyright• Material is out of copyright• Copyright is waived• A permitted act of copying eg. Fair Dealing • Copying for non-commercial, educational purposes eg.

examinations• Permission granted under a licensing scheme eg. CLA,

ERA, NLA, e-journals• Permission obtained in advance, in writing from the

copyright owner.

Out of Copyright

Literary, dramatic, musical, artistic works:author’s lifetime + 70 years

Sound recordings, broadcasts:50 years

Typographical arrangement:25 years

Computer programs:author’s lifetime + 70 years

Some works have more than one ‘author’ for example a film would have a director, author of screenplay, composer of sound-track etc.

Artistic works also include works of architecture, i.e. buildings or a model for a building.

Copyright Waived

Permission to copy not required

• US Government publications (Public domain)

• Some UK Crown Copyright material (e.g. Acts of Parliament, Statutory Instruments)

• Publications which state ‘may be freely reproduced with full acknowledgement’

*The rightsholder still has the right to protect the material against use in a derogatory or misleading manner.

Permitted Acts

• ‘Fair dealing’ for non-commercial research or private study

• Copying by Librarians• Non-commercial education purposes (limited)

It should be noted that the above acts are not rights – this kind of copying could still be challenged by the rightsholder.

Make a single copy for Make a single copy for non-non-commercialcommercial researchresearch or or private studyprivate study

This is called ‘Fair-dealing’ and is what is termed an exception under the Act.

There are limits to the amount of material that can copied under fair dealing:

up to 5% or one chapter of a book up to 5% or one article of a journal issue

Copyright Licences

The Act encourages the setting up of Licence Schemes. These permit Licensees to copy beyond the limits permitted by the Act.

The University holds a number of these licences:

Newspaper Licensing AgencyNewspaper Licensing Agency

Although it is lawful to clip an article from a newspaper and circulate it, that article may not be photocopied for purposes other than non-commercial research or private study, criticism or review, or for reporting current events.

This licence permits the copying of articles for teaching and management purposes.

The Licence covers the major UK national daily and Sunday papers, plus many local papers, including the Western Mail, South Wales Echo and Wales on Sunday. A number of foreign newspapers are also included in the repertoire.

Up to 250 copies may be made of any one article from any one issue of a newspaper for circulation to University staff and students. Copies may be distributed by fax.

The Act states that copying a film, television broadcast or cable programme without permission is an infringement of copyright. Cardiff University holds two Licences that permit the recording of broadcasts, and the use of such recordings for educational purposes.

The Educational Recording Agency or ERA Licence permits the recording of radio and television programmes broadcast by members of the scheme (subject to terms and conditions). These include BBC, ITV, Channel 4, Channel 5 and S4C.

ERA have produced a booklet for users of the licence which is available at http://www.era.org.uk/New_Booklet.pdf

Educational Recording AgencyEducational Recording Agency

Using Electronic Journals

Check each e-resource licence terms and conditions before use.

Do you have permission for example to:

to copy and paste articles in Blackboard? to link directly to articles held in resource? to print out multiple copies? to send copies of pdf’s by e-mail?

Using the World Wide Web

Check each Website terms and conditions before use.

Does the website grant permission for example:

to deep link to articles held on website? to link to homepage only? to copy and paste articles in Blackboard? to print out multiple copies? to send copies of pdf’s by e-mail?

Obtaining Permission

If material is not covered the licence then permission must be obtained, in writing, from the rightsholder before copying.

Remember - lack of response does not imply consent!We can help you obtain permission, but a copy must not be made until permission is obtained.

Copyright for Learning, Teaching and Research

Part 2

The CLA HE Licence forPhotocopying and Scanning

Summary

The Licence (general overview) What material can be photocopied/scanned What material cannot be copied under the terms of this licence How much can be photocopied/scanned – extent limits

Photocopying Who can photocopy Licence Checklist

Scanning Who can scan Copyright notice Distribution of scanned material Housekeeping Data reporting & auditing Licence Checklist

What material can be copied?

Most printed, Books Journals Magazines

provided that,

The University owns at least one copy of the original text Published in the United Kingdom, USA and 28 other countries For Scanning - published in the United Kingdom and USA only Not on list of Excluded Works/Categories (for photocopying and scanning) as published on the CLA website. www.cla.co.uk

International TerritoriesArgentinaAustralia AustriaBelgiumCanadaDenmarkFinlandFranceGermanyGreece

NorwaySingaporeSouth AfricaSpainSwedenSwitzerlandTaiwanTrinidad and Tobago and USA * 

Hong KongIcelandIreland ItalyJamaicaJapanLuxembourgMexicoNetherlandsNew Zealand

What material cannot be copied? Works published outside the United Kingdom and the International Territories.

Works published by US publishers that are listed on the 'Excluded US Publishers List‘

Maps, charts or books of tables

Printed music (inc the words)

Works specifically excluded by a special notice mentioning CLA, either on the work itself or by inclusion on the list below

Tests or public examination papers whether published individually or in a collection

All newspapers

Privately owned documents issued for tuition purposes and limited to clientele who pay fees (except those published by the Open University or the National Extension College)

Workbooks, workcards, or assignment sheets

Industrial house journals

Additional restrictions on scanning…

Where CLA licences include scanning rights they currently only permit the scanning of works originally published in the UK and US, except where the US publisher has specifically excluded them. See the 'Excluded US Publishers List'.

In addition, customers in the higher education (HE) sector should also refer to the separate list of Works excluded from scanning under the terms of the HE licence

Extent LimitsHow much can be copied?

In relation to students enrolled on a Course of Study, the proportion of a book, journal or magazine that may be photocopied is subject to the same extent limits as follows:

Whichever is the greater of:

5% or one chapter of a book 5% or one article of a journal issue 5% or one paper of one set of conference proceedings 5% or one case of one report of judicial proceedings 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages.

Photocopying

The CLA PhotocopyingLicence

Permits:

University registered staff and students to photocopying multiple copies from most books, journals & periodicals published in the UK, USA and 28 other countries

Within the licensed extent limits

For educational/ non-commercial purposes & (under certain circumstances, commercial purposes)

To be prepared and distributed with reference to students enrolled on a course of study and to the tutor delivering the course

Licence does not cover photocopying for personal use.

Licence RequirementsChecklist (Photocopying)

Check University owns an original copyCheck excluded works/ categories listCheck extent limitMake sure you always acknowledge the

source.

Scanning

The CLA Scanning Licence

Permits:

Authorised scanning from most books, journals & periodicals published in the UK & USA

Within certain limits

For educational/ non-commercial purposes & (under certain circumstances, commercial purposes)

To be prepared and distributed with reference to students enrolled on a course of study and to the tutor delivering the course

Licence does not cover scanning for personal use.

Who can authorise the preparation, digitisation and distribution of scanned extracts for a

Course Collection?

Designated persons located in each school nominated by the University

Will ensure creation of digital copies is done in accordance with the requirements of the licence.

INSRV will keep up-to-date records of who the Designated Persons are at Cardiff University.

Copyright Notice

All Digital Copies must contain a Copyright Notice in a prominent place. Schedule 3 CLA Copyright Notice

Generally the Copyright Notice should be scanned as part of the item, so that it forms the first page e.g. of a PDF file.

Licence RequirementsChecklist (Scanning)

Check University owns an original copyFrom material published in the UK and USACheck excluded works/ categories listCheck for existing digital versionCheck extent limitComplete data reporting sheetReview content regularly

Distribution of scanned extracts

VLE - BlackboardCD-RomE-mail (single instance)PowerPoint Presentations

Must notWorld Wide Web

Data Reporting

All Designated Persons must compile bibliographic and course based details for each and every Digital Copy created under licence on a Digital Copy Record Sheet.

CLA Data Recording Form

Housekeeping

Review of digitised documents should be invoked at least once a year and, more frequently, where a course of study runs for less than twelve months.

Compliance Audit

The CLA will occasionally visit Cardiff University to carry out a compliance audit reviewing all content scanned under licence.

Stop! Think: ‘Is this OK to copy?’

Contact INSRV Copyright Unit

Advice

Guidance

Information

Leaflets

Posters

Forms

Ext. 79033 or 74214

Copyright@Cardiff.ac.uk

www.cardiff.ac.uk/insrv/copyright