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Interlibrary Loans and Copyright

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Interlibrary Loans and Copyright

  1. 1. LIBRARIES, INTERLIBRARY LOANS AND COPYRIGHT Lisa Redlinski By Skibaa1 (Own work) [CC BY-SA 3.0 pl (http://creativecommons.org/licenses/by-sa/3.0/pl/deed.en)], via Wikimedia Commons
  2. 2. An extensive knowledge of every nuance of copyright law is notrequired for successful (and legal) operation of an ILL department. - Lee Andrew Hilyer You can know a city even if you haven’t walked through every street. Cheffins's Map of English & Scotch Railways, 1850.jpg Wikimedia
  3. 3. I’m not a lawyer. Consult with your library administration and/or institutional counsel before setting departmental policies. Wikimedia http://runeberg.org/nfba/0113.html
  4. 4. Law Set Out in the CDPA 1988 https://www.gov.uk/government/uploads/system/uploads/attachment_data/ file/308729/cdpa1988-unofficial.pdf
  5. 5. Copyright Guidance http://find.jorum.ac.uk/resources/19369
  6. 6. How does copyright control the movement of information? Where are there different routes to ‘free’ use and ‘paid’ use?
  7. 7. Basics Automatically subsists Limited amount of time "Nature Clock" by Nevit Dilmen - Own Animation. Licensed under CC BY-SA 3.0 via Wikimedia Commons - https://commons.wikimedia.org/wiki/File:Nature_Clock.gif#/media/File:Nature_Clock.gif
  8. 8. Rights owners control the uses of a work Basics
  9. 9. Copyright Basics - Works • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic • “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Europeana oai:zbc.ksiaznica.szczecin.pl:22118
  10. 10. Which of these can be protected by copyright? • Book cover • Pages from within a magazine • Photo of a statue • Any moment on St Peter’s Street as seen from above • A photo of a crowd on St Peters Street • Sound recording of street noise • Street noise • Microfilm of Littlewoods Catalogue from 1940
  11. 11. Copyright Basics - Uses • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Portable Mayan altar: pocket books of Mayan spells / Hernández, Petra; Nibak, Tonik; Past, Ambar; Taller Leñateros (San Cristóbal de Las Casas, Mexico); Kokoroch, Manwela
  12. 12. What use am I making of works? • Photographing books • Instagraming photos of books • Rewriting an episode of The Archers in Shakespearean iambic pentameter • Installing a ‘library box’ on the street • Uploading a scanned article into the catalogue
  13. 13. Copyright Basics - Licences • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website T&C • IPO Orphan Works • You own rights • Collaborative JORUM model licences
  14. 14. Which licences do we buy to do the following? Upload a scanned chapter from Jonathon Strange and Mr Norrell to a VLE module area. Screen Jonathon Strange and Mr Norrell in the SU café Include icons from istock photo on the university website?
  15. 15. Copyright Basics - Exceptions • S. 29 Research & Private Study • S.29A Text & Data Mining • S.30 Quotation • S.31A Copying for individual disabled users • S.31B Copying for multiple disabled users • S.32 Illustration for Instruction • S. 35 Recording of Broadcasts • S.36 Educational copying and use of published Extracts • S.40B Making Works Available on Dedicated Terminals • S.41 Library Copying for Other Libraries • S.42 Preservation • S.42A Library Copying for Patrons • S.43 Library Copying of Unpublished Works
  16. 16. Which exceptions allow me to do the following? • Scanning sections of books which I then email myself in the course of researching a subject. • Downloading all content in JSTOR& Wiley & EBSCO to search for instances where the words smouldering / Childermass / England appear in proximity to one another. • Include quotes, images and media into my thesis. • What if I publish my thesis on ETHoS? In a commercial book? • Transfer the 1966 FIFA World Cup onto DVD • Screen Jonathon Strange and Mr Norrell in class in the course of instruction?
  17. 17. Which exceptions allow me to do the following? • Scanning sections of books which I then email myself in the course of researching a subject. • Downloading all content in JSTOR& Wiley & EBSCO to search for instances where the words smouldering / Childermass / England appear in proximity to one another. • Include quotes, images and media into my thesis. • What if I publish my thesis on ETHoS? In a commercial book? • Transfer the 1966 FIFA World Cup onto DVD • Screen Jonathon Strange and Mr Norrell in class in the course of instruction?
  18. 18. Basics of Copyright Works Uses Licences Exceptions • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying • Copying • Adapting • Lending • Publishing • Performing • Communication to the public • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website T&C • IPO Orphan Works • You own rights • Collaborative S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  19. 19. Established practice
  20. 20. Changes for Libraries & Education http://www.europeana.eu/resolve/record/2 021664/search_identifier_uba_items_71973 8f4146bd9d3b94fb2a775efe7ab Changing styles / safe workers wear safe clothing and smile at accidents Europeana
  21. 21. Any library, archive, museum or gallery which is not owned by an organisation conducted for profit and which is accessible to the public. - Graham Peter Cornish Libraries Uhldingen am Bodensee - Pfahlbauten-Museum
  22. 22. Fair Dealing Determines whether usage is lawful or infringing based on how a ‘fair minded and honest person’ would deal with the work. Does using the work affect the market for the original work? Does it affect or substitute the normal exploitation of the work. Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount?
  23. 23. Format Neutral • Copying for personal, non- commercial research • Librarians copying By Desi Zavatta Musolino from Medicina, BO, Italy (Time to burn some cds) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
  24. 24. Conditions for supply to patrons through interlibrary loan • Single copies (no multiple copying) • Use is educational/research based • Declaration submitted with request (e-signature) • Library does not retain a copy for its collection • Requesting library can delegate the requirement to keep the declaration form to the Supplying Library • Charging optional By Mummadi Krishnaraja Wodeyar [Public domain], via Wikimedia Commons
  25. 25. Declaration forms and supply via email to library patrons • Declaration forms are standardised through CILIP LACA wording http://www.cilip.org.uk/cilip/advocacy- awards-and-projects/advocacy-and- campaigns/copyright/copyright-briefings- and-2 • Provided the declaration is agreed to online by the library patron, then libraries can supply via email to her • International ILL is acceptable provided that the supply doesn’t contravene copyright laws in the country where the material is being sent
  26. 26. Copying for Disabled Persons • Allows copying and adaptation to allow someone with a disability to enjoy a work. • Format shifting • Adapting • Must be in lawful possession of the works you are copying from By Paul Trafford [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
  27. 27. Preservation “Works in any format with the usual proviso that it is not reasonably practicable to purchase another copy. From a document supply viewpoint, the significance in the change is that if material in a library which would qualify for copying under this provision has been lost, damaged or destroyed, then a replacement copy can be requested from any other library, regardless of the format in which it was originally published.” Graham Peter Cornish
  28. 28. NON-CONTRACTUAL OVERRIDE “To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.”
  29. 29. NON-CONTRACTUAL OVERRIDE Libraries are now: Supplying chapters & articles from ebooks and ejournals via ILL.
  30. 30. Online interlending networks Consortia sharing (VISCOUNT , CURL) Regional networks Distribution lists HLN/SWIMS libraries Emails sent directly to libraries Is access to e-material equal to access of print materials? Are MOOCs bringing more adult learnings into HE libraries? How are intermediaries with ‘all you can eat’ subscriptions impacting ILL (Netflix, Amazon Prime, Hulu, Spotify, iTunes, Deezer etc.). Does it matter that all online communications/transactions are mediated by 3rd party? Will any libraries try to use bitcoin? Past, Present, Future of …
  31. 31. Original purpose of ILL as defined by??? There are operational statements but where are the value statements? Not ‘value for money’ but values as in the reasons to do something, the morals and strategy which underpin library services. The Public Lending Rights scheme is an example of values set into practice. Income is earned via PLR by the writers, illustrators and narrators (in the case of audio books) and not the to the copyright rights holders i.e. publishers.
  32. 32. • UUK • LACA • IFLA The value of UK universities https://youtu.be/Iu4ZuRhoM1g Can ILL be a service which tests McChesney’s theory that markets concentrated power? Has ILL staff experienced a concentration of power in the commercialisation of library services i.e. a handful of firms dominate the library service market? Where are the statements about values, not £value?
  33. 33. Copyright Law and ILL Should Value …
  34. 34. “Forum for Interlending…keynote speaker Lynne Brindley, Pro Vice Chancellor for Information Systems and services at AstonBrindley did not advocate a full-scale move away from the concept of public good into a market driven approach, but she placed interlending within the heart of the tension and debate being raised by the government's directives and the changing financial structure of universities.“ Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk Previous value statements
  35. 35. “Herbert S. White has made a similar analysis and exhortory presentation in an American context. Likening interlibrary loan to a Marxist ideal and moral precept, he accused American librarians of hiding the facts of the cost of interlibrary loan transactions and thereby preventing them collectively from providing timely delivery of needed materials.” Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk Previous value statements from the US
  36. 36. Sometimes we acquire because copyright guides us to purchases. When libraries can not legally share materials it should be because the use is illegal and there is “no educational purpose which can be argued.”* Now we acquire based on ILL requests or pay for an ILL (rather than reciprocate borrowing and lending privileges) because of perceived ‘value for money’ in publisher packages and ILL services. 1. EBL purchases 2. BL ILL charges 3. Direct download payments * Sol Picciotto Background Music from LIS-Copyseek June 2015 Why does it matter if ILL starts to acquire materials instead of cross-institutional sharing of materials?
  37. 37. Will the Document Supply Centre continue to regularly issues reports of DSC activity and cumulates the reports of the regional library systems? Will there be national surveys of volume and patterns of interlibrary lending and surveys on national and local costs of interlending activities? Where are the subsequent studies following Interlending n the United Kingdom 1985 (as it expanded on a 1977 study), where are the facts and provided details? Quote from Future of Interlending in April 1988 “The changes in strategic planning and operating plans within the British Library as a whole will have an effect on the international research community over time.” Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk Where have we been in this conversation?
  38. 38. David Bradbury, Director of the Document Supply Centre, stated in a presentation at the Forum for Interlending 89 that ..”harsh reductions in real terms of budget (W)e have 2 options. The first is for us to continue as now, increasing our prices a little above inflation but slowly trimming down our acquisition p olicy, and the second is to increase our prices rather more each year until such time as we are recovering our full costs.” “Will the DSC simply pass on higher costs to overseas customers to protect the already extremely hard-pressed British libraries whose document supply is subsidized by the international service?” “Will the international pressure from publishers groups cause DSC to reduce its international scope of operations or to pay more fees to copyright owners and thereby raise its costs?” Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk Questions Asked Before
  39. 39. Basics of copyright : Works Literary • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: the creative ‘ordering of words’ Examples: Books, journals, poems, lyrics, letters, diaries, legal documents, oral histories, emails, blogs, software. Duration: Published – usually 70 years following death of author; Unpublished – 70 years after the death of the author, but longer durations may apply. Portable Mayan altar: pocket books of Mayan spells / Hernández, Petra; Nibak, Tonik; Past, Ambar; Taller Leñateros (San Cristóbal de Las Casas, Mexico); Kokoroch, Manwela
  40. 40. Basics of copyright : Works Film • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: Audio-visual recordings Examples: TV programmes, movies, home videos, filmed animation. Duration: 70 years following the death of the last to die from the director, author of the screenplay, author of the dialogue or composer of music specifically created for the film.
  41. 41. Basics of copyright : Works Dramatic • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: dialogue and stage directions in a performed work Examples: Plays, film scripts, ballets, revues. Duration: Published/performed – usually 70 years following death of author; Unpublished/unperformed – either 70 years from death of author or 31 Dec 2039 (whichever is later).
  42. 42. Basics of copyright : Works Typography • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: the typographical layout of a publication. Examples: Published book and journal layouts. Duration: 25 years from publication.
  43. 43. Basics of copyright : Works Musical • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: the creative ordering of musical notes Examples: songs, symphonies, jingles, film music, arrangements of folk songs. Duration: Published – usually 70 years following death of author; Unpublished – either 70 years from death of author or 31 Dec 2039 (whichever is later). Note: The copyright in a piece of music is different to the copyright in a sound recording of that music.
  44. 44. Basics of copyright : Works Sound Recording • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: recording of sound in any ‘fixed form’. Examples: Musical recordings, film and TV soundtracks, oral history recordings, recordings of public oratory. Duration: 70 years from the day of publication or (if unpublished) 50 years from the date of creation. Note: Many sound recordings include underlying musical, dramatic or literary copyright works.
  45. 45. Basics of copyright : Works Broadcast • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: The broadcasting of audio and audio-visual material. This is a separate right from the copyright in the film or sound recordings that are being broadcast. Examples: Any radio or television transmission made by electronic means, but not an internet transmission. Duration: 50 years from the date of broadcast.
  46. 46. Basics of copyright : Works Artistic • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Protects: creative ‘visual’ works Examples: Paintings, drawings, sketches, sculptures, photographs, maps, logos, charts, graphs. Duration: Published – usually 70 years following death of author; Unpublished – 70 years from death of author, but longer durations may apply. Photographs from 20th century – differing durations.
  47. 47. Basics of copyright : Works Related Moral Rights Protects: The right to be identified as the author of a copyright work, to stop someone else being falsely attributed as the author of a copyright work, and for the work not be subject to derogatory use. Examples: The assertion in the front of a book – “xxx asserts their right to be identified as the author of this work”. It must be asserted to arise, and can be waived by the author. Duration: In the UK moral rights are the same as the duration of the copyright work, except for the right of false attribution which lasts for 20 years after the per-son’s death. • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying http://www.europeana.eu/resolve/record/92033/Bibli ographicResource_3000053567031 Klementina Tańska by Sonntag Józef (1784-1834) Europeana
  48. 48. Basics of copyright : Works Related Performance Protects: musical or dramatic performances as fixed in a film or sound re-cording. Examples: Acting, musical performance, lecture, public recital or presentation. Duration: 70 years from the day of publication or (if unpublished) 50 years from the date of performance. Note: Recordings of lectures qualify as performances. • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying
  49. 49. Basics of copyright : Works Related Database Protects: databases could be copyright literary works, or protected by specific database rights. Examples: Directories, commercial data-bases, scientific research datasets. Duration: 15 years from the date of creation or the last time the database was updated. • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying
  50. 50. Basics of copyright : Works Related Public Domain When copyright in a work expires it passes into the ‘public domain’, and it can be used without permission. Protects: no copyright protection applies to the work. Examples: Any published, creative work where the author died more than 70 years ago. • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying
  51. 51. Basics of copyright : Works Related Non-qualifying Protects: There is no copyright protection for something that is not a ‘fixed’ expression of human creativity. Examples: An idea that is not written down, a natural occurrence, a matter of fact, an abstract concept (e.g. love). Duration: There is no copyright, so no duration of copyright. • Literary • Film • Dramatic • Typography • Musical • Sound Recording • Broadcast • Artistic “Works Related” • Moral Rights • Performance • Database • Public Domain • Non-qualifying Anthony Howell, Professor of Medical Oncology at The University of Manchester published his research on dieting in ‘The 2 day diet’. His research led to hundreds of books being published on the diet, none of which were written by anyone who had directly engaged in the research. Herein lies the heart of the idea-expression dichotomy. As libraries are aware, patrons do no always recognise the credibility of the author.
  52. 52. Basics of copyright : Uses Copying • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Definition: Reproduction of a copyright work in any material form including electronic means. Examples: Making a photocopy, downloading a copyright work, copying to a digital storage device, making a hand-drawn facsimile, reproducing recordings of a musical work, taking photo-graphs of certain types of copyright work (e.g. a photograph or a painting).
  53. 53. Basics of copyright : Uses Adapting • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Definition: Adapting a pre-existing copyright work and recording it in writing or other ‘fixed’ format. Examples: Translating a literary work, altering a photograph, remixing a sound recording or film, ‘porting’ computer software from language to another.
  54. 54. Basics of copyright : Uses Lending • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Definition: Making copies of most types of copyright work temporarily available to the public for either economic or non- economic advantage. Examples: Renting computer games, lending books from a library. Does not include: Making available for the purpose of performing, playing or showing in public.
  55. 55. Basics of copyright : Uses Publishing • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Issuing Copies to the Public Definition: means putting the works into ‘circulation’ – effectively publication. Examples: Publishing a book or journal, distributing sound recordings, sell-ing copies of a film."La Veille de la Révolution« Europeana
  56. 56. Basics of copyright : Uses Performing • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Definition: The performance or exhibition of certain types of work in public. Examples: Delivery of lectures, addresses, speeches or sermons, musical performances, dramatic performances, playing of sound recordings and films, exhibiting literary works for public view.
  57. 57. Basics of copyright : Uses Communication to the Public • Copying • Adapting • Lending • Publishing • Performing • Communication to the public Definition: Communication of copyright works to the public by electronic transmission. Effectively means that the Internet and computer networks are subject to copyright law. Examples: Websites, podcasts, social media services, blogs, VLEs Caution: The definition of ‘public’ does not necessarily have to be the general public. E.g. making material available on a closed intranet still involves a ‘public’ communication.
  58. 58. Basics of copyright : Licences CLA • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Provision of multiple copies of extracts from published books for educational purposes Repertoire: The majority of published books and journals, magazines, digital publications, conference and legal proceedings. Artistic works embedded within these. Exclusions: Titles specifically excluded, sheet music, maps and charts, newspapers, workbooks. *See for he.cla.co.uk for details
  59. 59. Basics of copyright : Licences NLA • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Provision of copies of newspaper articles to authorised users in paper or digital form. Repertoire: Articles published by participation newspaper publishers. Exclusions: Journals and magazines. Some newspapers do not participate in the NLA scheme, e.g. Financial Times. *NLA stands for Newspaper Licensing Agency see www.nlamediaaccess.com
  60. 60. Basics of copyright : Licences ERA+ • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Educational use of broadcast recordings within the UK. Repertoire: Recordings of Free-to-air broadcasts and copyright material within them. Exclusions: Content that is not free to air. Users based outside the UK. *Educational Recording Agency
  61. 61. Basics of copyright : Licences Filmbank • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Public performances of films not covered by educational exceptions. Repertoire: Some, but not all feature films.
  62. 62. Basics of copyright : Licences Library e-resources • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Dependent on licence agreement – usually allows access by authorised users. Repertoire: Specific to the licence agreement. Examples: JISC Collections, NESLi2, EBSCO and Proquest licences. Direct deals with publishers. Exclusions: Some licences are restrictive, but many of the new UK exceptions prevent these licences from making those activities infringing (i.e. no contract override).
  63. 63. Basics of copyright : Licences Creative Commons • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Allows free acquisition and distribution of content, and depending on the nature of the licence may allow users to adapt or commercialise the work. Repertoire: By 2014 there were 882 million Creative Commons works.
  64. 64. Basics of copyright : Licences Bespoke • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: negotiated bespoke arrangement directly with the rights holder. This is particularly relevant in cultural or educational digitisation projects. Repertoire: The content needs to be specified at the point of negotiation.
  65. 65. Basics of copyright : Licences Website Terms & Conditions • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: This depends on the website. Repertoire: This depends on the website and its terms and conditions – there is unlikely to be a single owner of all content on one site.
  66. 66. Basics of copyright : Licences IPO Orphan Works • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: Covers all commercial and non- commercial uses. Repertoire: All orphan works subject to diligent search on a work by work basis. This makes mass digitisation projects (slide library) difficult.
  67. 67. Basics of copyright : Licences You Own the Rights • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Usages Covered: As owner of the copyright in the work you are permitted to make any use of it that you see fit.
  68. 68. Basics of copyright : Licences Collaborative Ownership • CLA • NLA • ERA+ • Filmbank • Library e-resources • Creative Commons • Bespoke permissions • Website Terms & Conditions • IPO Orphan Works • You own rights • Collaborative ownership Under UK law, employers own copyright in anything you create as part of your job. Usages Covered: Whatever has been agreed as part of your employment or partnership arrangement. Example: Training materials you create as part of your day job.
  69. 69. Basics of copyright : Exceptions S.29 Research & Private Study Definition: Allows individuals to make single copies of limited extracts of copyright works for non-commercial re- search or private study. No contractual override. Types of work: All copyright works Examples: A researcher makes a single copy of a chapter from a book at her institutional library for her own reference. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  70. 70. Basics of copyright : Exceptions S.29A Text & Data Mining Definition: Allows computational analysis of lawfully acquired digital content for the purposes of non-commercial research. No contractual override. Types of work: All copyright works including sound recordings and films. Examples: A researcher runs algorithms against lawfully subscribed-to databases to determine the relationship between a particular gene and a particular type of cancer. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  71. 71. Basics of copyright : Exceptions S.30 Quotation Definition: Allows ‘fair dealing’ usage of quotations for any purposes including ‘criticism and review’. No contractual override. Types of work: Any copyright work which has been made publicly available. Examples: Quoting from articles, books, musical scores in published research. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works “ ”
  72. 72. Basics of copyright : Exceptions S.31A & 31B Copying for Disabled Users Definition: Allows copying and adaptation to allow someone with a disability to enjoy a work. Allows institutions to make and store accessible copies of copyright works for the personal use of those with any type of disability. No contractual override. Types of work: Any work; use accessible format from commercial sources when available ‘on reasonable terms’; disabled person must have lawful use of the work being copied Examples: A library user requires graphs to be accompanied by commentaries to explain the graphic representations in plain language. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  73. 73. Basics of copyright : Exceptions S.32 Illustration for Instruction Definition: Allows limited, non- commercial ‘fair dealing’ use of copyright material for the purposes of teaching. No contractual override. Types of work: All copyright works. Examples: Insertion of copyright images into educational PowerPoint slides. Caution: The old ‘examination’ provision has been narrowed and replaced with ‘fair dealing’. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  74. 74. Basics of copyright : Exceptions S. 35 Recording of Broadcasts Definition: Allows recording of off-air broadcasts by or on behalf of educational establishments for non- commercial purposes. Only applies where no licensing scheme (i.e. ERA) available. Types of work: Off-air broadcasts and the copyright material within. Examples: Recordings made on video recorders and retained for educational purposes. Use of BoB National. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works REC
  75. 75. Basics of copyright : Exceptions S.36 Educational copying and use of Published Extracts Definition: Allows copying and use of multiple copies of extracts from published copyright works. Only applies where no licensing scheme (i.e. CLA) available. Types of work: Up to 5% of a work (other than a broadcast or standalone artistic work) per institution within a 12 month period. Examples: Use of works not in CLA repertoire in a VLE. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  76. 76. Basics of copyright : Exceptions S.40B Making Works Available on Dedicated Terminals Definition: Allows libraries, educational establishments, museums and archives to digitise collection items and make them available on site for research. Types of work: Any copyright work, subject to purchase or licensing terms. Examples: Fragile collection of correspondence made available digitally at a library. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  77. 77. Basics of copyright : Exceptions S.41 Library Copying for Other Libraries [interlibrary supply] Definition: Allows supply of copies of the whole or part of any published work from one library to another. No contractual override. Types of work: Either a) a journal article or b) another publication on condition that the librarian cannot find the rights holders. Examples: A library requesting an article to add to its photocopy collection S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works Lib Lib
  78. 78. Basics of copyright : Exceptions S.42 Preservation Definition: Allows libraries, archives and museums to make copies of items in their permanent collection. No contractual override. Types of work: All types of copyright work as long as they are not publicly accessible or available on loan to library/archive patrons. Examples: Oral histories recorded on reel to reel tape can be digitised and backed up in multiple locations. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  79. 79. Basics of copyright : Exceptions S.42A Library Copying for Patrons [interlibrary loans] Definition: Allows libraries to make a single copy of reasonable proportions of copyright works for their patrons for non-commercial research and private study. Patrons must make a declaration in writing. No contractual override. Types of work: All copyright works S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works Conditions for supply: Single copies (no multiple copying); Use is educational/research based; Declaration submitted with request; Library does not retain a copy for its collection Requesting library can delegate the requirement to keep the declaration form to the Supplying Library Charging optional Lib
  80. 80. Basics of copyright : Exceptions S.43 Library Copying of Unpublished Works Definition: Allows librarians to make a single copy of whole or a part of an unpublished work for their patrons for non-commercial research and private study. Types of work: Any work. Rights holder must not have prohibited copying. Patrons must make a declaration in writing. Examples: A librarian makes copies of archival material available to a researcher. S. 29 Research & Private Study S.29A Text & Data Mining S.30 Quotation S.31A Copying for individual disabled users S.31B Copying for multiple disabled users S.32 Illustration for Instruction S. 35 Recording of Broadcasts S.36 Educational copying and use of published Extracts S.40B Making Works Available on Dedicated Terminals S.41 Library Copying for Other Libraries S.42 Preservation S.42A Library Copying for Patrons S.43 Library Copying of Unpublished Works
  81. 81. Copyright the Card Game from JORUM http://find.jorum.ac.uk/resources/19369 Authors: Chris Morrison Contributors: Naomi Korn and Jane Secker Graham Peter Cornish , (2015),"Reform of UK copyright law and its benefits for libraries", Interlending & Document Supply, Vol. 43 Iss 1 pp. 14 - 17 Sharon Bonk, (1990), “Interlibrary Loan and Document Delivery in the United Kingdom”, RQ Vol. 30, No. 2 (WINTER, 1990) , pp. 230-240 Published by: American Library Association Illustrations both taken with permission from facebook and instagram – Sarah McIntyre, Childermass Chris Riddell, PLR Goddess All other images found using Xpert (Nottingham), Europeana, and CC Flickr

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