Copyright law in the              Educational context                Louise Crowley and Darius Whelan                Facul...
Overview          • What is copyright?          • Rights of copyright owner             - permitted & prohibited acts     ...
What is Copyright?              • Copyright - property right              • Subsists in an original work              • Us...
What work is protected by ©?          • Copyright and Related            Rights Act 2000          • Section 17            ...
Original expression          •   Evidence of author’s skill and labour          •   Detail of expression          •   Rela...
Positive Rights of © owner          • Exclusive right to use or authorise            others to use          • Copy the wor...
Prohibited Acts          • Without the permission of the            copyright owner, others are            prohibited from...
Exceptions to © protection          • Statutory provisions              –   Fair dealing              –   Education       ...
Fair Dealing          • Governed by statute and common law          • Chapter 6 2000 Act - sections 49-52              – P...
Education exception….          • Sections 53-58 of 2000 Act          • Copying for instruction or            preparation f...
Education exception          • Copying permitted for the            purpose of setting examination          • Includes sou...
UCC – ICLA Licence      •       Over-rides statutory limitations      •       Use is limited to the terms of licence      ...
Extent of licence          • To make/permit copies as required            by the employees and/or students          • To m...
Limitations         • Not exceed 5%/one chapter of           a published work, save:         • A whole article may be copi...
Digital and Intranet extension         • Supplements original licence         • Operative since 1 Jan 2006         • Permi...
Moral Rights          • Chapter 7 – 2000 Act          • Retention of integral rights          • Expressly includes:       ...
Rights of the Employer         • Section 23 2000 Act              – Where work is made by an employee                in th...
UCC IP Rights Policy          • Statutory entitlement to own the            copyright          • Policy – doesn’t assert t...
Remedies for breach          •   Criminal and civil remedies          •   Whose rights are breached?          •   EU Enfor...
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Copyright law in the Educational Context Part 1 (Louise Crowley)

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These slides are one half of a joint presentation made by Dr Louise Crowley and me at a Teaching and learning Seminar, University College Cork, November 2012.
This part was prepared and presented by Louise Crowley.
Video is available at http://www.youtube.com/watch?v=YbyKXZ03gpg.

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Copyright law in the Educational Context Part 1 (Louise Crowley)

  1. 1. Copyright law in the Educational context Louise Crowley and Darius Whelan Faculty of Law, UCC Ionad Bairre Seminar 8 Nov 2012Nov 9, 2012 UCC Teaching and Learning 2012 1
  2. 2. Overview • What is copyright? • Rights of copyright owner - permitted & prohibited acts • Statutory Exceptions: – Fair Dealing/Education • UCC - ICLA licence agreement • Extended rights in educational context • Moral rights • Employers – UCC IPR Policy • Remedies for breachNov 9, 2012 UCC Teaching and Learning 2012 2
  3. 3. What is Copyright? • Copyright - property right • Subsists in an original work • Use/authorise others to use • Prevent others from using • Subsists automatically – no need to declare or register • Life of author plus 70 yearsNov 9, 2012 UCC Teaching and Learning 2012 3
  4. 4. What work is protected by ©? • Copyright and Related Rights Act 2000 • Section 17 – Original literary, dramatic, musical or artistic works, – Sound recordings, films, broadcasts or cable programmes, – The typographical arrangement of published editions, – Original databasesNov 9, 2012 UCC Teaching and Learning 2012 4
  5. 5. Original expression • Evidence of author’s skill and labour • Detail of expression • Relatively low threshold • No protection of ideas or principles • Protection lies in respect of the expression of the ideaNov 9, 2012 UCC Teaching and Learning 2012 5
  6. 6. Positive Rights of © owner • Exclusive right to use or authorise others to use • Copy the work • Make work available to public • Distribute the work • Make an adaptation of the workNov 9, 2012 UCC Teaching and Learning 2012 6
  7. 7. Prohibited Acts • Without the permission of the copyright owner, others are prohibited from the following acts: – Reproducing the work – Publishing the work – Performing the work in public – Broadcasting the work – Making an adaptation of the workNov 9, 2012 UCC Teaching and Learning 2012 7
  8. 8. Exceptions to © protection • Statutory provisions – Fair dealing – Education – Private research – Criticism or Review – Incidental inclusion • LicencesNov 9, 2012 UCC Teaching and Learning 2012 8
  9. 9. Fair Dealing • Governed by statute and common law • Chapter 6 2000 Act - sections 49-52 – Private research or study – Criticism or review – Incidental inclusion • Fair dealing means the use of the work in circumstances where it has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.Nov 9, 2012 UCC Teaching and Learning 2012 9
  10. 10. Education exception…. • Sections 53-58 of 2000 Act • Copying for instruction or preparation for instruction – only one copy made – sufficient acknowledgement • Not by reprographic means • By or on behalf of instructor • One single copy • Sufficient acknowledgementNov 9, 2012 UCC Teaching and Learning 2012 10
  11. 11. Education exception • Copying permitted for the purpose of setting examination • Includes sound recording, film, broadcast, cable programme or original database • But infringement if sold, rented, lent, offered or exposed for sale • Statutory limitations serve to highlight the importance of licensesNov 9, 2012 UCC Teaching and Learning 2012 11
  12. 12. UCC – ICLA Licence • Over-rides statutory limitations • Use is limited to the terms of licence • Applies to staff and students of UCC • Limited by scope of ‘licensed materials’ • Must be a copy of the original work • Inclusive approach to Irish materials • Also includes EU and US publishers • Extended to digital copying 1/1/2006Nov 9, 2012 UCC Teaching and Learning 2012 12
  13. 13. Extent of licence • To make/permit copies as required by the employees and/or students • To make copies available to students/staff • Must make copy of original • Permits compilation and distribution of course packs • UCC can charge for expense incurred • Must include name of author and publisher on front page of each copyNov 9, 2012 UCC Teaching and Learning 2012 13
  14. 14. Limitations • Not exceed 5%/one chapter of a published work, save: • A whole article may be copied, but not more than one article in any one issue of a publication • A short story/poem of not more than 10 pages in length • Provided not in connection with any commercial activity other than educational purposesNov 9, 2012 UCC Teaching and Learning 2012 14
  15. 15. Digital and Intranet extension • Supplements original licence • Operative since 1 Jan 2006 • Permits scanning, posting on blackboard and printing of material • Limited to ‘licensed works’ • Cannot email the protected works • Expressly excludes posting material on worldwide web • Cannot reproduce on to CD, DVD, floppy disk etcNov 9, 2012 UCC Teaching and Learning 2012 15
  16. 16. Moral Rights • Chapter 7 – 2000 Act • Retention of integral rights • Expressly includes: – Paternity right – Integrity right – False attribution – Prevent mutilation • Power to waive moral rights • Question of ownership in UCC contextNov 9, 2012 UCC Teaching and Learning 2012 16
  17. 17. Rights of the Employer • Section 23 2000 Act – Where work is made by an employee in the course of employment, the employer is the first owner of copyright in that work, subject to contrary agreement between parties. • Importance of employer/employee clarity • UCC IPR PolicyNov 9, 2012 UCC Teaching and Learning 2012 17
  18. 18. UCC IP Rights Policy • Statutory entitlement to own the copyright • Policy – doesn’t assert these rights • No express provision in contracts of employment • Issues for inventions • Who issues proceedings?Nov 9, 2012 UCC Teaching and Learning 2012 18
  19. 19. Remedies for breach • Criminal and civil remedies • Whose rights are breached? • EU Enforcement Directive • Civil proceedings – Damages – Injunction – Cease and desist – Account for profits and gainNov 9, 2012 UCC Teaching and Learning 2012 19

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