Copyright: update on the legislative landscape

National Library of Scotland
Leabharlann Nàiseanta na h-Alba
Copyright
Fred Saunderson | CILIPS
June 2017
@natlibscot

@natlibscot
By Kim Traynor - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=21286316

@natlibscot
cilip.org.uk/laca | @UKLACA

@natlibscot
Nut photo credit: Foter.com
Copyright symbol by Zscout370, Sertion, e.a. - Own work, Public Domain, https://commons.wikimedia.org/w/index.php?curid=471020

• Property right – transferable
• Subsists in certain works:
• Literary, dramatic, musical, artistic, films, sound recordings,
broadcasts, software, typographical arrangements
• Recorded
• Original
• Naturally arising
• Fixed duration
• Allows the owner to control substantial use - acts restricted by copyright
• Copying the work
• Issuing copies of the work to the public
• Performing, showing or playing the work in public
• Communicating the work to the public
• Adapting the work, or doing any of the above in relation to making
an adaptation
@natlibscot

The National Archives, Copyright and related rights, available from: http://www.nationalarchives.gov.uk/documents/information-management/copyright-related-rights.pdf, provided
under the Open Government Licence: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/
Duration: literary, dramatic,
musical, and artistic works (non-
Crown copyright)
@natlibscot

@natlibscot

@natlibscot
Text and data mining
Illustration
for
instruction
Quotation
Caricature, parody, and
pastiche
Library copying of
works
Dedicated
terminals
Preservation
copies
Text and
data
mining
Disability
copies
Orphan works - EU Orphan works - UK
Extended
collective
licensing
Non-commercial
research and private
study

@natlibscot
Library copying of
works
Written declarations no longer
need to be signed (but are still
required!)
Charging for copies is now
discretionary (but if there are
charges, they must be
calculated with reference to
the costs attributable to the
production of the copy)

@natlibscot
Dedicated
terminals
An in-copyright work, or a copy of an in-copyright work, may be made available
to or communicated to the public by means of a dedicated terminal on the
premises of a library, archive, museum, or educational establishment, provided:
● The work has been lawfully acquired by the organisation;
● The communication or making available is to individuals for the purpose of
research (including commercial) or private study; and
● The communication or making available is done in compliance with any
purchase or licensing terms.

@natlibscot
Text and
data
mining
An in-copyright work may by copied for the purposes of
Computational analysis.
The copier must have lawful access to the work.
The analyser must have lawful access to the work.
The purpose must be non-commercial research.
Attribution needs to be given (except where impossible).

@natlibscot
Disability
copies
An in-copyright work may be copied into an accessible format provided:
● The person for whom the copy is made has lawful possession of or access to the work
● The copy is made by that person or on behalf of that person
● That person’s disability prevents them enjoying the same degree of access to the work that a
non-disabled person enjoys
● The copy is made for that person’s personal use and is not transferred to anyone else
● A suitable accessible copy is not commercially available with the rights holder’s authority

@natlibscot
Illustration
for
instruction
Quotation
Library copying of
works
Preservation
copies
Text and
data
mining
Disability
copies
Non-commercial
research and private
study
“To the extent that a term of a contract
purports to prevent or restrict the making of a
copy which, by virtue of this section, would not
infringe copyright, that term is unenforceable.”

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Orphan works - EU Orphan works - UK
Exception Licence

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Private
copies
Individuals may make
copies of works they own,
provided the copy is for
personal, individual use.X

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Digital Single Market
Proposal for a Directive on copyright in the
Proposal for a Regulation on online
transmission of broadcasts
Proposal for a Directive on use of works by
persons who are print disabled
Proposal for a Regulation on the cross-border
exchange of accessible copies

@natlibscot
Proposal for a Directive on copyright in the
• Text and data mining exception for
research organisations
• Cross-border use of digital works for
teaching
• Preservation exception for cultural
organisations
• Out-of-commerce works licensing by
collective management organisations
• A new ‘ancillary copyright’ for press
publications
• Requirement to ensure user-uploaded
content (eg YouTube) is only accessible
with rightsholder permission
"Today’s proposals on European Copyright Reform are disappointing to say the least.”
– IFLA President Scheeder, 14 September 2016

@natlibscot
Proposal for a Directive on use of works by
persons who are print disabled
Marrakesh Treaty to Facilitate Access to
Published Works for Persons Who Are
Blind, Visually Impaired, or Otherwise Print
Disabled
• All parties to have a copyright exception
for the making of accessible works
• Sending accessible copies between
parties
‘Authorised entities’ (which may include
libraries, certain charities, and educational
establishments) may make copies for
beneficiary persons.
Latest compromise text for the Directive
leaves Member States with the option to
impose compensation schemes

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Orphan works - EU
Brexit
Photo credit: Foter.com

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Two more
things…

@natlibscot
‘The above blog post was written by a third party, and the views expressed therein
are not necessarily the views of the Intellectual Property Office.
The copyright in images created from of out of copyright works is a matter of
debate.’ (IPO blog, 07 July 2016)
‘…it seems unlikely that what is merely a retouched, digitised image of an older
work can be considered as ‘original’.’ (IPO Copyright Notice, November 2015)
https://twitter.com/The_IPO/status/752094523065454592
https://ipo.blog.gov.uk/2016/07/07/national-treasures/
https://www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet

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2039
103 million+ 2039 works
£518 million potential annual cost to
business
UK Intellectual Property Office, Impact Assessment, Consultation on reducing the duration of copyright in unpublished (“2039”) works in accordance
with section 170(2) of the Copyright, Designs and Patents Act 1988, p.13,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/368811/consultation-on-unpublished-works.pdf

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Photo credit: Dai Lygad via Foter.com / CC BY

@natlibscot
• Pragmatism
• Use the copyright exceptions
• Seriously, do
• Get into the fundamentals – in-copyright vs. out-of copyright,
licence, exception
• Be honest and open – attribute (even your own material)!
• Highlight challenges– to your copyright officer, to LACA
• It is complex, it is confusing
• Use resources and guidance – there’s lots out there!
• https://www.cilip.org.uk/research/topics/copyright/copyrigh
t-resources
• https://www.cilip.org.uk/laca
• http://copyrightuser.org/
• Copyright Cortex (launching 20 June)
• http://www.nls.uk/copyright
• https://www.gov.uk/topic/intellectual-property/copyright

Fred Saunderson
Intellectual Property Specialist
f.saunderson@nls.uk
/NationalLibraryofScotland
@natlibscot
@fredsaunderson
THANK YOU
Except for images or where otherwise stated this presentation is © National Library of Scotland and is licensed under the Creative Commons
Attribution 4.0 International Licence. To view a copy of this license, visit: http://creativecommons.org/licenses/by/4.0/

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