The Disclaimer CLA offers this presentation as general guidance on the principals of Copyright law in the UK. It is not intended as legal advice and should not be taken as such. If you require legal advice on any matter you should consult your own solicitor. CLA cannot be held liable for any damage however caused by using this material
What are the ‘rights’ ? Restricted rights that require owner’s permission are: Sec 17 CDPA Copy the work Rent, lend or issue copies to public Perform, show or communicate (inc WWW) the work in public Adapt the work Moral Rights: Sec 77 CDPA – the author of a work, or director of a film have right to: Be identified as the author To object to derogatory treatment Royal Mail –v- Artrepublic, James Cauty (ex KLF) , artist Gas mask on Queens image on stamp, Iraq war protest ‘Stamps of mass destruction’ June 2003
The Future - An evolving distribution and access model THE PC THE MOBILE PHONE E BOOK READERS THE BLACKBERRY THE PHOTOCOPIER 1960 1970 1980 1990 2000 2010 I Phone THE INTERNET THE FAX MACHINE VLE
Who owns copyright ? In general, the person who creates it If co-authored etc, may be joint ownership on agreed % except works created as part of employment Freelanced or commissioned work belong to author unless contract assigns copyright If work contains extracts or copies of a previous work without permission, those extracts will remain property or original author Physical ‘ownership’ of a copyright work does not infer control or ownership of the copyright in that work (Reed – v – Nike)
What can I do with Digital materials ? The ‘Golden Rules’ You may copy any material if (and to the extent that):
both the person pushing the button and the institution are liable in law
Problems in the Digital environment
WWW – what wonderful websites?
E-mail – create your own problems
CD-ROM – store your own problems
Electronic storage – what other way is there?
Intranets – as many problems as the Internet, only local
VLE – virtual licence to extract ?
E-books – too easy books?
How do I get permission 1 Under Statute - Fair Dealing – CDPA 1988 copying a a literary (other than a database), or a dramatic, musical or artistic work for research or private study does not infringe
Private study and non-commercial research
Criticism or review of the work
Reporting current events
fair dealing with a database for research or private study does not infringe provided source is indicated
If you can access the material lawfully you can FD with it
You can only copy a ‘fair amount’ - how much ? The copy is for an individuals use and cannot be shared or copied further without permission Multiple copies are never Fair Dealing Downloading text, image etc from www and placing it on VLE or printing off for use by students is never Fair Dealing. Copying from a web site for use on your own site without permission is never Fair Dealing
Subscriptions to electronic journals etc will carry their own rights and permissions and will vary between publishers Looking for a publisher ? try www.pls.co.uk For authors try www.alcs.org.uk for photographers etc try www.dacs.org.uk
Copyright Statement The University of Ulster website and its contents are protected by copyright. The copyright and intellectual property rights of all material held on the University of Ulster website belong to the University of Ulster. All aspects of the website design, text, graphics, databases, underlying source code, software (including applets) and other material on this website are copyright the University of Ulster. With the exception of the logo and trademarks, the University allows the copying of material from its website for personal, non-commercial use only. In accessing this website you agree that any downloading or saving of content is for personal, non-commercial use only. The reproduction, publication, distribution or broadcast of University of Ulster website material for commercial purposes is forbidden. Content must not be altered or adapted in any way and written permission must be sought for the inclusion of content in papers or other publications. If you wish to apply for copyright clearance to reproduce sections of the University of Ulster website content, please contact the University of Ulster Copyright Services Development Officer, firstname.lastname@example.org.
How do I get permission - 3 Is the work covered by Creative Commons licence, Govt permissions etc Use a licensing scheme (CLA, MCPS etc) to grant a licence CLA HE licence grants permissions to make scanned copies from books, journals etc for use on VLE’s, in presentations, distance learners etc. The CLA Comprehensive Digital Licence grants permissions to copy from Electronic journals Once you have permission you can do what you want - as long as it stays within the permissions granted Permission granted to an individual do not extend to colleagues etc