Copyright (basics) for Researchers


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Copyright for Researchers (November 2013) slides.

This session was delivered and designed by Colin Theakston, Academic Liaison Librarian and Durham Copyright Officer.

Delivered as part of the Durham University Researcher Development Programme. Further Training available at

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  • Ironically for a concept or idea to have copyright protection it must exist in a form that can be copied.

    Legislation doesn’t define what “original” means, but copyrighted work must be original .

    Copyright is automatic, do not have to apply for it.
  • 1st owner normally the author, but copyright can be bought and/or sold.
    Authors routinely sign over some or all of their rights to publishers.
    With commissioned works the author routinely retains the copyright.
    With works created during the course of employment the “employer” normally retains the copyright

    Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions
  • Copyright (basics) for Researchers

    1. 1. Copyright Basics Colin Theakston Academic Liaison Librarian
    2. 2. What is Copyright? • Copyright protects the moral and economic rights of writers, publishers and other creators. • Copyright is protected by the Copyright, Designs and Patents Act 1988 and subsequent Statutory Instruments. Copyright applies to physical materials and to the electronic environment. • Copyright is infringed by copying without permission. • Copyright law and associated licences are highly complex. • All staff and students of the University have obligations to observe copyright law and the terms of associated licences.
    3. 3. Copyright is automatic • Cannot copyright an idea • Can have copyright over the “physical expression “ of that idea. • The copyright is enforceable once the work is “fixed”, which includes saving to disk or writing it down on paper
    4. 4. Copyright Ownership • 1st owner, normally author • Commissioned works • Works created during the course of employment • Copyright as “property”
    5. 5. The rights of authors • The owner of the copyright in a work has the exclusive right to: • Copy the work • Issue copies of the work to the public • Perform, show or play the work in public • Broadcast the work or include it in a cable programme service • Make an adaptation of the work or do any of the above in relation to an adaptation The author, director or commissioner of the work, whether or not that person is the copyright owner, has the following rights: • To be identified as author or director • To object to derogatory treatment of the work • The right to privacy of certain photographs and films
    6. 6. Length of copyright • Books & Journals - 70 years • Music - 70 years • Artistic Works - 70 years • Films - 70 years • Maps - 50 years • Newspapers - 70 years • UK Official Pubs - 50 years • Broadcasts - 50 years • Unpublished Works - 70 years
    7. 7. The legislative basis for copyright • Copyright is a property right intended to protect the rights of those who create works of various kinds. The basis of UK copyright law is the Copyright, Designs and Patents Act 1988. • The Act states that copyright is a property right and can lie in the following types of work: • Original literary, dramatic, musical or artistic works • Sound recordings, films, broadcasts or cable programmes • The typographical arrangement of published editions
    8. 8. Copyright Exceptions • Copyright is not infringed where limited copying is carried out within • the concept of fair dealing • the terms of a licensing scheme • written permission of the copyright holder (“clearing copyright”)
    9. 9. Copyright Licences Blanket licences • are purchased by organisations from agencies and suppliers acting on behalf of copyright holders • set out the terms under which use of copyright material is permissible within the institution for educational purposes
    10. 10. Copyright licences held by the university The University holds licences which enable it to use some copyrighted works for educational purposes without breaching the Copyright, Designs and Patents Act 1988. The University is licensed under: • The Copyright Licensing Agency Photocopying and Scanning Licence • The Newspaper Licensing Agency Educational Licence • The Ordnance Survey Educational Copyright Licence • The Educational Recording Agency Educational Recording Licence • The Open University Licensed Off-air Recording Scheme • The University also subscribes to the British Universities Film and Video Council (BUFVC) Off-air Recording Backup Service.
    11. 11. Fair Dealing Fair Dealing applies to • paper to paper copying only (i.e. to photocopying from print originals) • copying by individuals of short extracts for the purpose of – private study – non-commercial research – criticism or review
    12. 12. Parody or Rip-off?
    13. 13. Parody or Rip-off?
    14. 14. Parody or Rip-off?
    15. 15. Parody or Rip-off?
    16. 16. Reputational damage.
    17. 17. Fair Dealing • The extent of fair dealing is not specified by the legislation. Generally accepted guidelines are whichever is the greater of • one chapter or 5% of a book • one article or 5% of an issue of a journal • one paper or 5% of a set of conference proceedings • one case or 5% of a law report • one poem or short story not exceeding 10 pages from an anthology • (thus, copying more than one chapter is acceptable provided that copying does not exceed 5% of the total length of the book.)
    18. 18. Digital Copyright • When using internet sources please remember that “free to view, does not mean free to use!” • Please do not upload any of the following to the internet or VLE without permission – Deep link directly to a journal article – Images, paintings or photographs – A copy of a map – Annual accounts or in-house brochures – Logos or trademarks – Newspaper articles
    19. 19. What you can do online • Shallow link to a web home-page • Use copy free images or photographs • Use short quotations, but stay within CLA guidelines & acknowledge the source used • Paraphrase or refer to recognized theories in your own words (but attribute the source)
    20. 20. Crown and parliamentary copyright • Crown copyright covers material created by civil servants, ministers and government departments and agencies. • It is legally defined under section 163 of the Copyright, Designs and Patents Act 1988 as works made by officers or servants of the Crown in the course of their duties. • Copyright can also come into Crown ownership by means of assignment or transfer of the copyright from the legal owner of the copyright to the Crown.
    21. 21. Re-use of public sector information • OPSI licence a wide range of Crown copyright and Crown database right information through the Open Government Licence and the UK Government Licensing Framework The OPSI insist that users • re-use the information accurately • acknowledge the source of the information • not re-use the information in a deliberately misleading way • not re-use the information for promotion or advertising purposes • not imply endorsement by Directgov, another government department or other public sector organisation • not mimic the style and appearance of the original information, for example by replicating the look of Directgov
    22. 22. Orphan Works • Copyrighted works for which the owner cannot be located • Problem of seeking to identify and clear the rights • Must undertake diligent search for owner • Can sometimes lead to unreasonable demands for recompense or the threat of litigation
    23. 23. Creative Commons • Creative Commons Licences are pre-prepared licences intended to help copyright holders distribute their work, defining how it can be used by others whilst the authors retain their rights, particularly their copyright, in the work. • The Creative Commons movement has produced a number of licences (currently there are seven main licences) which authors can take ‘as given’ or adapt to their requirements. The author then ‘attaches’ the appropriate licence to the work and that licence becomes the set of rules that the author expects the copiers to obey when they copy the work. The licences tend to be ‘more permissive’ than licences from commercial publishers, and their basic idea is to permit, and almost encourage, the copying of the works as long as due acknowledgement is given to the original author as its source.
    24. 24. Creative Commons Licenses • How does it work? • Attribution (CC-BY) • Attribution Share Alike (CC-BY-SA) • Attribution No Derivatives (CC-BY-ND) • Attribution Non-Commercial (CC-BY-NC) • Attribution Non-Commercial Share Alike (CC-BY-NC- SA) • Attribution Non-Commercial No Derivatives (CC-BY- NC-ND) • CCZero (CC0)
    25. 25. Creative Commons - example
    26. 26. Open Access • Publication of research and the Open Access movement • ‘Publish or perish’ vs. ‘scholarly communication crisis’ • What is the Open Access Movement? • Alternative approaches • SPARC ( • Author pays model, e.g. Public Library of Science (PLoS –, BioMedCentral ( • Institutional Repositories (see Durham Research Online (DRO)
    27. 27. Calculating Risk?! • If you are unsure about using another person’s material please consider doing the following before going ahead; • Seek advice from the library at • Use the Risk Management Calculator created by Naomi Korn at calculator/
    28. 28. Copyright pages of interest • Information on copyright can be viewed at – If your copyright query cannot be answered there then contact us. We cannot give legal advice, but we can provide guidance.
    29. 29. Conclusion Durham University Library can provide guidance to members of the university on matters of Copyright and the copying of material for research, teaching and learning at the university. • In general, you CAN copy material IF: • the material is 'out of copyright' • you are the copyright owner • you have a visual impairment • you have the permission of the copyright owner • you are copying within the accepted limits of 'fair dealing' for: – non-commercial research – non-commercial private study – criticism or review – reporting of current events • the University holds a licence for the type of copying you want to carry out. • If in doubt - DON'T copy - seek advice.
    30. 30. Durham contacts • University Copyright Officer. Colin Theakston Telephone : 0191-3342970 E-mail : • Library Digitisation Service. Katharine Davidson-Brown Telephone : 0191-33442967 E- mail :