Right to use copyright protected research and other materials

Pirjo Kontkanen

31.5.2007

NUAS seminar Forskning – Arkiv - Forskning

Legal Counsel / Research Affairs

Copyright / Basic principles

• A person who creates literal or artistic work has copyright

to his work. Examples of such works are literal and

spoken presentations, compositions, dramatic and

photographic works, films and works of visual art, works

of architecture and handicraft, maps, explanatory

drawings, graphic or plastic works and computer

programmes

• Also other works than specifically mentioned may be

protected

• Must be the result of its creator’s original creative work

(level of requirements not necessarily very high)

• Ideas and information as such are not protected

Copyright / Basic principles

• If several persons create a work together and their work

contributions cannot be separated from each other they

have copyright together. Each creator’s consent is

needed to use the work

• When someone modifies a work, e.g. by translating or

altering a work to another art type, he may have copyright

to the modified work. Copyright to the original work

cannot be infringed, though.

Copyright / Basic principles

• Copyright regulations also include provisions for rights

regarded as related to copyright (neighbouring rights).

They cover for example the performing actors, ordinary

photographs, producers and sound recordings,

transmission of radio- and television programmes,

catalogues, tables, programmes and databases.

Copyright / Basic principles

• Copyright holder has an exclusive right to authorise

making copies of the work and making it available to the

public in modified or unmodified form, as translation or

adaptation, in another form of literature or art or by using

another method. Making copies means any form of copy

making as well as transferring the work to some device

with which the work can be duplicated.

• Also moral rights, right to be acknowledged as an author

for example, are protected

Copyright / Basic principles

• Permission to use copyright protected material must be asked from the copyright holder (who is the actual right holder?)

Unless restriction provisions/exceptions state otherwise

• There are no general provisions to transfer employee’s rights to the employer

Copyright and Research

• No general restriction provisions to allow the use of copyright protected material in research

• Quotes allowed: from published works in accordance with good custom and to the extent needed for the purpose

• Provisions of private use applicable to certain extent:

a few copies can be made from published works

Copyright and Research

• Owner of database rights not always clear

Rights may belong to the university or individual researchers and one database may be protected by different provisions: copyright or sui generis database right

Separate protection for works gathered to the database

Copyright and archives

• Archives may have some rights to make copies from their collections to preserve collected items and allow them to be used for research (on certain conditions)

• Questions:

What part of the university can be considered as archive according to the legislation at the universities (Not every institution within the university)

When can you regard materials as collections of an archive and not as materials for some other purposes

Effects of Copyright in Practice

• Written agreements with right holders needed in every case

• Different kinds of agreements are made and copyright protected materials are available on various kinds of conditions (Who keeps track and knows what conditions are applied in every case)

• Universities bye back knowledge which has been created in universities

Books, journals, article databases

• In co-operation projects separate agreements must be made between the university and authors or authors otherwise have to accept the obligations in agreements before the university can accept them

Copyright Versus Other Rights

• Research at the universities is governed by the principle called freedom of science which gives researchers and teachers certain rights to decide how to teach and do research

• Both copyright and freedom of science protect individual’s rights

• Copyright is not, however, always in line with the rights stemming from the freedom of science

Individual’s copyright needs to be in balance with other researchers’ needs and rights to use materials

• Universities have obligations against its co-operation parties

individual’s right to decide how to use copyrights cannot be in contradiction with these obligations

Conclusions

• Copyright legislations should better take into account the needs of universities within research and teaching

• It is not always reasonable to expect universities to pay compensation for the use of copyright protected material

• Effective research tools, such as databases, should be available when made at the universities, ownership and user rights should be clear