Presentation on copyright from the University of Kent E-Learning Summer School 2013 given by Chris Morrison, Copyright and Licensing Compliance Officer.

1. E-Learning Summer School
Copyright and E-learning
5 September 2013
Chris Morrison – Copyright and Licensing Compliance Officer

2. Contents
1. What is copyright, what does it cover
and how does it work?
2. Related rights
3. Copyright infringement risk in education
4. Use of copyright material at Kent
5. Licences and permission
6. Creative Commons
7. Copyright in digital contexts
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3. What is copyright?
• A type of “Intellectual Property”
covering creative works
Others include:
• Design rights
• Patents
• Performance rights
• Database rights
• Trade secrets (confidentiality)
• Moral rights
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Image:AlanCleaverwww.flickr.com/photos/alancleaver/4105747756/

4. Copyright and Related Rights
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Data

5. Copyright Restricted Acts
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Under the CDPA 1988 the owner of the work has the
exclusive right:
a) to copy the work
b) to issue copies of the work to the public
c) to rent or lend the work to the public
d) to perform, show or play the work in public
e) to communicate the work to the public
f) to make an adaptation of the work or do any of the
above in relation to an adaptation

6. Exceptions
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• Fair Dealing
• Non-commercial research & private study
• Criticism and review
• Parliamentary and judicial proceedings
• Education
• Non-reprographic copying
• Examinations (includes theses and
dissertations)
• Libraries and Archives
• Disability and Accessibility

7. Copyright as Property
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 Has an “owner”
 May be “bought”, “sold” or “rented”

8. Who owns the rights?
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• Work produced by staff „in
the course of employment
• Teaching material
• Film and sound recordings
created „in the course of
employment‟
• Work not related to role
• Scholarly works
• Performers‟ rights in
performances
Employer Employee

9. Moral Rights
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Relate to a creator‟s personality as expressed in his or
her work.
• Attribution - the right to be identified as the author
• Integrity – to object to derogatory treatment of the
work
It must be asserted
Duration is the same as that for copyright

10. Performers’ Rights
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Arises automatically on recording
Lasts for set duration of 50 years from the date of
performance
Provides monopoly rights to owner, with some
„exceptions‟

11. Database Rights
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• Copyright and Rights in Databases Regulations 1997
• A collection of independent works, data or other
materials which are arranged in a systematic or
methodical way and are individually accessible by
electronic or other means.
• Databases created on or after 1 January 1983
• Requires a „substantial investment in obtaining,
verifying, or presenting the contents of the database.‟
• Restricts unauthorised extraction or re-utilisation of
all or a substantial part of the contents of a database.
• Protection lasts for 15 years

12. Summary of the theory
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Copyright – covers
all „fixed‟, original
creative works
Restrictions on
what you can do
without permission
Related rights –
moral, performers,
database
Some instances
where you can do
some things
All of which has become really important in a digital
context
Data

13. Examples
• Software
 Typically £20,000 to £50,000 per institution for use of
unlicensed software
• Commercial photograph Gallery
 £600-£1500 per image
• Uckfield College
 £23,000 for posting copyright material on website
• College online marketing course
 Lack of awareness of copyright
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14. So when can you use copyright material?
• If copyright has expired
• If you, or your organisation hold the rights
• If you have permission from the rights holder
• If you are relying on a legal defence
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15. Copyright Duration
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Many different durations but the most relevant are:
• Published literary, artistic, musical or dramatic works
– 70 years following death of the author
• Unpublished literary, artistic, musical or dramatic
works – either 70 years following death of the author
or until 31 December 2039 (whichever is later)
• Crown copyright – usually 50 years after creation or
publication

16. Licences
• Blanket licences such as CLA, ERA, PRS for
Music and NLA
• Individual resources‟ or software‟s terms and
conditions
• Specific permission acquired from creator/rights
holder
• Open Government Licence
• Creative Commons Licences
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17. Licences
Body Class of work What is allowed
CLA (Copyright
Licensing Agency)
Books, magazines Limited copying and use on
VLE
ERA (Educational
Recording Agency)
UK TV broadcasts Recording and storage –
BoB
NLA (Newspaper
Licensing Agency)
Newspapers,
magazines
Press clippings
DACS (Design and
Artists Copyright Society)
Artistic images
(including photos)
Reproduction of artistic
works
PRS for Music/PPL Musical works /
sound recordings
Public performance, audio
products, online services
Filmbank, MPLC Feature films Showing film/TV in non-
educational context
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18. E-resource licences
Harvard Business Review Notice of Use Restrictions, May 2009 Harvard Business Review
and Harvard Business Publishing Newsletter content on EBSCOhost is licensed for the
private individual use of authorized EBSCOhost users. It is not intended for use as assigned
course material in academic institutions nor as corporate learning or training materials in
businesses. Academic licensees may not use this content in electronic reserves, electronic
course packs, persistent linking from syllabi or by any other means of incorporating the
content into course resources. Business licensees may not host this content on learning
management systems or use persistent linking or other means to incorporate the content into
learning management systems. Harvard Business Publishing will be pleased to grant
permission to make this content available through such means. For rates and permission,
contact permissions@harvardbusiness.org.
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http://web.ebscohost.com/ehost/external?sid=01310f62-91eb-41b7-8eb2-
fb2924b6cc2b%40sessionmgr15&vid=2&hid=22

19. Software Licences
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E.g. Eduserv CHEST ArcGIS agreement (extract):
http://www.eduserv.org.uk/lns/agreements/esri-2011#licenceinformation

20. Creative Commons
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http://creativecommons.org

21. Creative Commons
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• Wikipedia http://en.wikipedia.org/wiki/Main_Page
• Al Jazeera http://creativecommons.org/tag/al-jazeera
• Europeana http://www.europeana.eu/
• Open Access http://en.wikipedia.org/wiki/Open_access

22. Copyright in some digital contexts:
• PowerPoint presentation
• Open website (institution or organisation)
• Moodle (subject to CLA terms)
• Academic Repository
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23. PowerPoint
Risk based decision:
• Used only at teaching event?
• Posted in VLE?
• Recorded on Panopto?
• Posted online?
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24. Open Web
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25. Moodle
• CLA licence terms
• Fair dealing or educational instruction
exceptions may or may not apply (e.g.
examinations)
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26. Academic repository
• Published articles
• Theses
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27. Web 2.0
• Collaborative
• International
• Ubiquitous
• Little understood (from the copyright
perspective)
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28. Risk Management
• Due diligence
• Notice and takedown
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29. Questions
copyright@kent.ac.uk
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