J Mac Neilage


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J Mac Neilage

  1. 1. ©OPYRIGHT IN THE DIGITAL WORLD<br /> University of Ulster<br /> 8th Annual eLearning Conference<br />TEL it as IT is: Technology Enhanced Learning<br />20 January 2010<br /> Jim MacNeilage<br />Copyright Licensing Agency<br />
  2. 2. The Disclaimer<br />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.<br />If you require legal advice on any matter you should consult your own solicitor.<br />CLA cannot be held liable for any damage however caused by using this material<br />
  3. 3. Aims<br /><ul><li> guidance on using works on Internet </li></ul> and web based on current copyright law<br /><ul><li> look at some current issues
  4. 4. offer some practical advice
  5. 5. answer your questions !</li></li></ul><li>If it’s © down here … it’s © up there<br />Copyright Designs and Patents Act 1988 gives powers to the owner of © to control what others do with their work<br />Copyright applies to all areas of technology<br /><ul><li> covers literature, music and artistic works (photographs etc) and databases
  6. 6. permission required before copy or work changed
  7. 7. copy can be paper …..
  8. 8. or digital..</li></ul>SO…. If its © down here …………….…….its © up there !!<br />
  9. 9. What are the ‘rights’ ?<br />Restricted rights that require owner’s permission are: Sec 17 CDPA<br />Copy the work<br />Rent, lend or issue copies to public<br />Perform, show or communicate (inc WWW) the work in public<br />Adapt the work<br />Moral Rights: Sec 77 CDPA<br /> – the author of a work, or director of a film have right to:<br />Be identified as the author<br />To object to derogatory treatment<br />Royal Mail –v- Artrepublic, James Cauty (ex KLF) , artist<br />Gas mask on Queens image on stamp, Iraq war protest<br /> ‘Stamps of mass destruction’ June 2003<br />
  10. 10. The Future - An evolving distribution and access model<br />THE PC<br />THE MOBILE PHONE<br />E BOOK READERS<br />THE BLACKBERRY<br />THE PHOTOCOPIER<br />1960<br />1970<br />1980<br />1990<br />2000<br />2010<br />I Phone<br />THE INTERNET<br />THE FAX MACHINE<br />VLE<br />
  11. 11. Who owns copyright ?<br />In general, the person who creates it If co-authored etc, may be joint ownership on agreed %<br />except works created as part of employment<br />Freelanced or commissioned work belong to author unless contract assigns copyright <br />If work contains extracts or copies of a previous work without permission, those extracts will remain property or original author<br />Physical ‘ownership’ of a copyright work does not infer control or ownership of the copyright in that work (Reed – v – Nike)<br />
  12. 12. What can I do with Digital materials ?<br />The ‘Golden Rules’<br />You may copy any material if (and to the extent that):<br /><ul><li>You have the © owner’s permission
  13. 13. It’s permitted by statute</li></ul> (Fair Dealing)<br /><ul><li>Copying other than this is illegal</li></ul> both the person pushing the button and the<br /> institution are liable in law<br />
  14. 14. Problems in the Digital environment<br /><ul><li> WWW – what wonderful websites?
  15. 15. E-mail – create your own problems
  16. 16. CD-ROM – store your own problems
  17. 17. Electronic storage – what other way is there?
  18. 18. Intranets – as many problems as the Internet, only local
  19. 19. VLE – virtual licence to extract ?
  20. 20. E-books – too easy books?</li></li></ul><li>How do I get permission 1 <br />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<br /><ul><li>Private study and non-commercial research
  21. 21. Criticism or review of the work
  22. 22. Reporting current events
  23. 23. fair dealing with a database for research or private study does not infringe provided source is indicated
  24. 24. If you can access the material lawfully you can FD with it</li></li></ul><li>You can only copy a ‘fair amount’ - how much ?<br />The copy is for an individuals use and cannot be shared or copied further without permission<br />Multiple copies are never Fair Dealing<br />Downloading text, image etc from www and placing it on VLE or printing off for use by students is never Fair Dealing.<br />Copying from a web site for use on your own site without permission is never Fair Dealing<br />
  25. 25. How do I get permission - 2<br /><ul><li>Approach © owner and get permission before copying
  26. 26. permission must be in writing (assignation of ©)</li></ul> an email is not acceptable in law – arguable ?<br /><ul><li> must be obtained on each and every occasion </li></ul> (or get ‘blanket permission’)<br /><ul><li> be very explicit about what you want to do</li></ul>Subscriptions to electronic journals etc will carry their own rights and permissions and will vary between publishers<br />Looking for a publisher ? try www.pls.co.uk<br />For authors try www.alcs.org.uk<br />for photographers etc try www.dacs.org.uk<br />
  27. 27. Check the copyright notice on www – it may permit, if not email the webmaster and ask (be very specific about what you want) - and keep a copy of all permissions<br />Examples: <br />Edinburgh Napier University<br />This site and its contents are protected by copyright. The web pages may be viewed, printed or downloaded for personal, non-commercial use only. No part of this website may be modified, reproduced, transmitted, published or otherwise made available in whole or in part without the prior written consent of an authorised representative of the University. These terms and conditions are governed by and construed in accordance with Scots Law. If you require to contact us with regard to the website or to use of its content please email internet@napier.ac.uk<br />© 2009 The University of St Andrews is a charity registered in Scotland, No SC013532.<br />
  28. 28. Copyright Statement<br />The University of Ulster website and its contents are protected by copyright.<br />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. <br />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. <br />The reproduction, publication, distribution or broadcast of University of Ulster website material for commercial purposes is forbidden. <br />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, copyright@ulster.ac.uk. <br />
  29. 29. How do I get permission - 3<br />Is the work covered by Creative Commons licence, Govt permissions etc<br />Use a licensing scheme (CLA, MCPS etc) to grant a licence<br />CLA HE licence grants permissions to make scanned copies from books, <br />journals etc for use on VLE’s, in presentations, distance learners etc.<br />The CLA Comprehensive Digital Licence grants permissions to copy from <br />Electronic journals<br />Once you have permission you can do what you want - as long as it stays<br />within the permissions granted<br />Permission granted to an individual do not extend to colleagues etc<br />
  30. 30. Where are the danger areas ?<br />Everywhere ! and not limited to……<br />Scanners – easy to create copies that can be changed (moral rights) or transferred quickly<br />WWW - unlimited source of materials – but whose © <br /> - web site may have limited rights to pass on<br /> - may free to view – but to copy?<br />Email – a literary work, with two more more authors<br /> may contain images, sound files etc<br />
  31. 31. Storage devices – complete works can be copied to <br /> memory sticks, DVD etc<br />Intranets / VLE – making a copy available to others<br />Technological Protection Measures – watermarks, ‘subscribe to this site ‘ etc – criminal offence to attempt to bypass<br />© CLA 2010<br />
  32. 32. ‘Web 2’ facebook, twitter, flickr, you tube etc etc<br /> Remember – ‘Web 2’ is still The Web <br />Problems in using such sites:<br />Each contributor owns © in their part and a % of the total entries<br />A single entry may contain threads from several others with embedded<br />third party material from even more e.g. photo’s, spreadsheet’s, sound, <br />Video, graphics, literary etc etc <br />Who has cleared permissions for use of other works <br />Did permission give rights to post to a Web 2 type site <br />How do you control such use and protect your institution<br /> Some sites require you to sign over your © <br />If its © down here...its © up there !! There is no difference<br />
  33. 33. Contact: jim.macneilage@la.co.uk<br /> 0131 272 2711<br />Licence support material etc - www.cla.co.uk<br />Shantilal.shah@cla.co.uk 0207 400 3122<br />