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Issues Of Copyright

Issues Of Copyright






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    Issues Of Copyright Issues Of Copyright Presentation Transcript

    • Issues of Copyright
      Michael Dunne - Library
    • What is Copyright?
      Copyright is a property right (part of a broad bundle of rights)
      Reproduction right
      Right to publish
      Rental and lending right
      Performance right
      Communication to the public
      Adaptation right
    • Moral Rights
      Paternity right
      Right to be recognised as the author
      Derogatory treatment
      False attribution
      Moral rights can be waived (in writing)
      Moral rights cannot be assigned
    • What does Copyright do?
      Protects authors, producers, publishers etc.
      The copyright owner can go to court
      Claims made that it aids and fosters creativity
      Counter-claims that it can be a brake on creativity
      Positive-negative effects on the economy
    • What does Copyright protect?
      Applies to literary, dramatic, musical or artistic works, sound recordings, films, videos, broadcasts, cable programmes, computer software, Web pages and typographical arrangements
      The idea needs to be ‘fixed’
      Database rights
    • Do I have to Register Copyright?
      Copyright is an unregistered right
      You don’t even need the © symbol
      © Josephine Smith, 2009
      Work must be original
      Not necessarily creative
    • Duration
      Literary, dramatic, musical or artistic works: Life of the creator(s) plus 70 years
      Typographical arrangement (owned by the publisher): 25 years
      A new edition may extend the copyright
      Photographs present special problems
    • Who owns the Copyright?
      For literary, dramatic, musical or artistic works: The creator(s)
      Work created in the course of employment is usually owned by the employer
      Work created under contract e.g. a funding body, may be owned by that body
      At Lancaster academics retain the copyright in work created for teaching and research
    • Who owns the Copyright?
      Academics normally give away their rights freely to a publisher
      CTAs – Copyright Transfer Agreements
      Why do Universities allow this to happen?
      Libraries have to buy back the research published in journals
      Should academics seek to retain certain rights?
    • Lawful Copying
      Fair dealing
      Copying for non-commercial research or private study
      Copying for criticism and review
      Copying for examination
      Librarians are allowed to do certain things
    • Lawful Copying
      With the owner’s permission
      In accordance with a licensing scheme
      In accordance with legislation
      Some materials are in the public domain
    • Web Publishing
      Copyright does exist on the Web!
      Defamation, blasphemy, criminal liability
      Data protection
      There is no implied right to copy
      Do not upload third-party materials without permission
    • The HE Photocopying & Scanning Licence: Photocopying
      Allows multiple copies to be made from licensed material
      Amount of copying restricted
      Most UK and US publishers are in the licence
      University must own the original
      Some publishers have opted out
      Images dis-embedded from text are allowed
      Students can be charged for the copying
    • The HE Photocopying & Scanning Licence: Scanning
      Allows licensed materials to be scanned
      Amount of copying restricted
      Most UK and US publishers are in the licence
      University must own original
      Images may be dis-embedded
      Record keeping must be maintained
      Material may be uploaded on to secure web sites e.g. VLE
      Born-digital material not covered by licence
    • Born digital materialsNESLi2 – Model Licence
      incorporate parts of the Licensed Material in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) to be used in the course of instruction and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item shall carry appropriate acknowledgement of the source, listing title and copyright owner. Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorised Users;
    • Participating publishersNESLi2 – Model Licence
      ALPSP Learned Journals Collection / Swets
      American Chemical Society (ACS)
      American Institute of Physics (AIP)
      Annual Reviews
      Association for Computing Machinery (ACM)
      Blackwell Publishing
      BMJ Publishing Group
      British Psychological Society (BPS)
      Cambridge University Press (CUP)
      Cell Press (Elsevier)
      Institute of Physics Publishing (IoPP)
      John Wiley
      Johns Hopkins University Press (MUSE)
      Kluwer Academic Publishers
      Nature Publishing Group
      Oxford University Press (OUP)
      Royal Society of Chemistry (RSC)
      SAGE Publications
      Science (AAAS)
      Taylor & Francis
    • Other licences: Off-air recording
      ERA licence
      Permits the recording of most television and radio programmes for educational purposes
      Recordings can be made at home or on campus and deposited in departments or the library
      Recordings can be digitised and hosted on VLE
      Videos bought commercially may not be copied
    • Other licences
      Ordnance Survey
      British Geological Survey
      Crown Copyright
      Creative Commons
      E.g. Attribution Non-Commercial
    • Problems
      Format-shifting – is not legal (yet)
      Ok if it is licensed e.g. ERA allows tape to digital
      Off campus access to broadcast recordings
      We don’t have the ERA+ licence (yet)
      Adding publisher’s PDFs to LUVLE
      We don’t have the CLA Comprehensive Licence
      You can link to the article with SFX
      User expectations
      Staff/Students don’t always understand why technology can’t be used to the full to exploit copyright materials e.g. ‘mash-ups’
    • Support
      University Copyright Officer