J Mac Neilage
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J Mac Neilage Presentation Transcript

  • 1. ©OPYRIGHT IN THE DIGITAL WORLD
    University of Ulster
    8th Annual eLearning Conference
    TEL it as IT is: Technology Enhanced Learning
    20 January 2010
    Jim MacNeilage
    Copyright Licensing Agency
  • 2. 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
  • 3. Aims
    • guidance on using works on Internet
    and web based on current copyright law
    • look at some current issues
    • 4. offer some practical advice
    • 5. answer your questions !
  • If it’s © down here … it’s © up there
    Copyright Designs and Patents Act 1988 gives powers to the owner of © to control what others do with their work
    Copyright applies to all areas of technology
    • covers literature, music and artistic works (photographs etc) and databases
    • 6. permission required before copy or work changed
    • 7. copy can be paper …..
    • 8. or digital..
    SO…. If its © down here …………….…….its © up there !!
  • 9. 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
  • 10. 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
  • 11. 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)
  • 12. What can I do with Digital materials ?
    The ‘Golden Rules’
    You may copy any material if (and to the extent that):
    • You have the © owner’s permission
    • 13. It’s permitted by statute
    (Fair Dealing)
    • Copying other than this is illegal
    both the person pushing the button and the
    institution are liable in law
  • 14. Problems in the Digital environment
    • WWW – what wonderful websites?
    • 15. E-mail – create your own problems
    • 16. CD-ROM – store your own problems
    • 17. Electronic storage – what other way is there?
    • 18. Intranets – as many problems as the Internet, only local
    • 19. VLE – virtual licence to extract ?
    • 20. 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
    • 21. Criticism or review of the work
    • 22. Reporting current events
    • 23. fair dealing with a database for research or private study does not infringe provided source is indicated
    • 24. 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
  • 25. How do I get permission - 2
    • Approach © owner and get permission before copying
    • 26. permission must be in writing (assignation of ©)
    an email is not acceptable in law – arguable ?
    • must be obtained on each and every occasion
    (or get ‘blanket permission’)
    • be very explicit about what you want to do
    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
  • 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
    Examples:
    Edinburgh Napier University
    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
    © 2009 The University of St Andrews is a charity registered in Scotland, No SC013532.
  • 28. 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, copyright@ulster.ac.uk.
  • 29. 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
  • 30. Where are the danger areas ?
    Everywhere ! and not limited to……
    Scanners – easy to create copies that can be changed (moral rights) or transferred quickly
    WWW - unlimited source of materials – but whose ©
    - web site may have limited rights to pass on
    - may free to view – but to copy?
    Email – a literary work, with two more more authors
    may contain images, sound files etc
  • 31. Storage devices – complete works can be copied to
    memory sticks, DVD etc
    Intranets / VLE – making a copy available to others
    Technological Protection Measures – watermarks, ‘subscribe to this site ‘ etc – criminal offence to attempt to bypass
    © CLA 2010
  • 32. ‘Web 2’ facebook, twitter, flickr, you tube etc etc
    Remember – ‘Web 2’ is still The Web
    Problems in using such sites:
    Each contributor owns © in their part and a % of the total entries
    A single entry may contain threads from several others with embedded
    third party material from even more e.g. photo’s, spreadsheet’s, sound,
    Video, graphics, literary etc etc
    Who has cleared permissions for use of other works
    Did permission give rights to post to a Web 2 type site
    How do you control such use and protect your institution
    Some sites require you to sign over your ©
    If its © down here...its © up there !! There is no difference
  • 33. Contact: jim.macneilage@la.co.uk
    0131 272 2711
    Licence support material etc - www.cla.co.uk
    Shantilal.shah@cla.co.uk 0207 400 3122