This document provides an overview of copyright and intellectual property for librarians. It defines intellectual property and copyright, outlines ownership rights and exceptions, discusses fair use and infringement, and provides resources on copyright policies and laws. Key points covered include what constitutes copyrightable work, how long copyright lasts, exceptions for educational institutions and libraries, and where to find additional information on copyright.

1. Copyright for
Librarians
Jing Wen and Su Nee
11 Sept 2013
Professional Development Session

3. DISCLAIMER

4. Quiz
WHAT IS INTELLECTUAL PROPERTY?

5. What is Intellectual Property?
• Creations of the human mind
• Property that results from original creative thought,
as patents, copyright material and trademarks
• An invention/written work is the IP

6. What is Intellectual Property?
• NTU IP Policy:
– any patentable invention
– know-how,
– COPYRIGHT
– design
– layout design of integrated circuits
– tangible research property
– rights relating to computer software
– trade mark
– and any other industrial or intellectual property rights
registrable, registered or otherwise

7. What are the different types of IP?
• Patents
• Trade marks
• Industrial designs
• Trade secrets
• Confidential information
• Plant varieties
• Layout designs of integrated
circuits
• Geographical indications
• COPYRIGHT
Visit IPOS website at
http://www.ipos.gov.sg
for more details.

8. Quiz
WHAT IS THE DIFFERENCE BETWEEN
IP AND COPYRIGHT?

9. What is copyright?
• A private right that protects original works
such as novels, computer programmes, music
and photos.
• Generally, copyright owners enjoy various
exclusive rights over their copyright works
(such as rights to reproduce, perform and
communicate their works).

10. Requirements for
Copyright Protection
Originality Expression
Tangible Automatic

11. COPYRIGHT ACT (CAP. 63)

12. Copyright ownership
Generally, AUTHOR owns copyright.
Exceptions:
• EMPLOYER owns copyright for work done
by employee in the course of employment
• COMMISSIONER of portrait / photograph
/ engraving
Assignment:
Copyright owner may TRANSFER his rights.

13. What is protected?
Literary works
Dramatic works
Musical works
Artistic works
Sound recordings
Films
Broadcasts
Cable programmes
Live performances
Original works Other subject matter

14. Quiz
IDEAS, CONCEPTS, DISCOVERIES,
PROCEDURES AND METHODS ARE
PROTECTED BY COPYRIGHT: RIGHT OR
WRONG?

15. Ownership rights
• Literary,
dramatic
and
musical
works
Authors enjoy the exclusive rights to:
• REPRODUCE the work;
• PUBLISH the work;
• PERFORM the work in public;
• COMMUNICATE the work to the public;
and
• make an ADAPTATION of the work.

16. Ownership rights
Performances
The PERFORMER has the right to authorise the following uses:
• allow the performance to be seen and heard, or seen or
heard, live in PUBLIC;
• make a direct or indirect SOUND RECORDING of his live
performance;
• make available a recording of the performance to the public
in such a way that the recording may be accessed by any
person from a place and at a time chosen by him;
• SELL, RENT, offer for sale, DISTRIBUTE OR IMPORT such
recordings for these purposes;
• PUBLISH a recording of a performance (if not previously
published); and
• COMMUNICATION of the live performance to the public
(including broadcasting, internet dissemination and inclusion
of the performance in a cable programme).

17. “Communicate”
To transmit by electronic means a work or other
subject matter, whether or not it is sent in response
to a request, and includes:
• broadcasting;
• inclusion in a cable programme; and
• the making available of the work or other subject
matter in such a way that the work or subject
matter may be accessed by any person from a
place and at a time chosen by him (e.g. access
over the internet).

18. Quiz
DO I NEED TO FILE FOR REGISTRATION
TO GET COPYRIGHT PROTECTION?

19. TERM OF PROTECTION

20. Terms of Protection
70 years from the end of the year in
which the author died.
+ 70 years
If the work is published after the death
of the author, it lasts for 70 years, from
the end of the year in which the work
was first published.
Literary,
dramatic,
musical and
artistic
works
+ x years + + 70 years

21. Terms of Protection
70 years from the end of the
year of the performance.
Performances

22. Seeking Permission
from Copyright Owners
• NECESSARY unless expiration of term of
copyright protection or usage falls under
‘Exceptions to Copyright Infringement’

23. HOW to seeking permission?
•Contact the copyright owners directly and
negotiate for a licence to use the copyright
material; or
•Obtain a licence through a collective
management organisation.

24. Collective Management Organisations
• Composers and Authors Society of Singapore Ltd
(COMPASS)
• Horizon Music Entertainment Pte Ltd
• InnoForm Entertainment Pte Ltd
• K-Net Music Pte Ltd
• Recording Industry Performance Singapore Pte Ltd
(RIPS)
• The Copyright Licensing and Administration Society of
Singapore Ltd (CLASS)
• Motion Picture Licensing Company (Singapore) Pte Ltd
(MPLC)

25. INFRINGEMENT

26. Quiz
WHAT IS INFRINGEMENT?

27. Infringement
• Occurs when one has not obtained consent
from the copyright owner to do something
that only the copyright owner has the
exclusive right to do
• Copyright owner may take legal action against
a person who infringes his copyright

28. Infringement - Substantiality
Qualitative
Quantitative

29. FAIR DEALING

30. Fair Dealing
• Purpose and character of the dealing eg.
commercial or non-profit educational purposes;
• Nature of work
• Amount and substantiality
• Effect of the dealing upon the potential market
for, or value of, the work;
• The possibility of obtaining the work within a
reasonable time at an ordinary commercial price.

31. Quiz
WHAT IS THE DIFFERENCE BETWEEN
COPYRIGHT INFRINGEMENT AND
PLAGIARISM?

32. EXCEPTIONS FOR EDUCATIONAL
INSTITUTIONS

33. Exceptions
for Educational Institutions
For works of at least
10 pages divided into
chapters
- Not more than 10% of the total number of pages of the work;
or
- Not more than one chapter; whichever is the greater.
For works of at least
10 pages, not divided
into chapters
- Not more than 10% of the number of pages of the work.
Where the work is an
edition stored on an
electronic medium
and is not divided
into pages
- Not more than 10% of the total number of bytes in the edition;
or
- Not more than 10% of the total number of words in that edition;
or
- Not more than 10% of the contents of that edition.
Where the work is an
edition stored on an
electronic medium
and is divided into
chapters
- Not more than 10% of the total number of bytes in the edition;
or
- Not more than 10% of the total number of words in that edition;
or
- Not more than 10% of the contents of that edition, but contains
only the whole or part of a single chapter of the work.

34. EXCEPTIONS FOR LIBRARIES

35. Exceptions for Libraries
Library: not for profit of individuals
Exceptions:
• Copying for users within reasonable portion limits
• Online periodical made available with no means
for copying / communication by patrons
• Copying for other libraries / archives for adding to
collections
• Copying for preservation
– Preservation of original against loss or deterioration
– Replacing damaged / deteriorated or lost work

36. Sections 34 & 105A: Infringing copies made on
machines installed in libraries and archives
34. Where —
(a) a person makes an infringing copy of, or part of, a work or a published
edition of a work or of 2 or more works on a machine for the making, by
reprographic reproduction, of copies of documents, being a machine
installed by or with the approval of the body administering a library or
archives on the premises of the library or archives, or outside those
premises for the convenience of persons using the library or archives; and
(b) there is affixed to, or in close proximity to, the machine, in a place
readily visible to persons using the machine, a notice of the prescribed
dimensions and in accordance with the prescribed form,
neither the body administering the library or archives nor the officer-in-
charge of the library or archives shall be taken to have authorised
the making of the infringing copy by reason only that the copy was
made on that machine.

38. Section 45: Copying by libraries and
archives for users
45.—(1) A person may furnish to the officer-in-charge of a library (not
being a library that is conducted for the profit, direct or indirect, of an
individual or individuals) or the officer-in-charge of archives —
(a)a request in writing to be supplied with a copy of an article, or a part
of an article, contained in a periodical publication or of the whole or a
part of a published literary, dramatic or musical work other than an
article contained in a periodical publication; and
(b) a declaration signed by him stating —
(i) that he requires the copy for the purpose of research or study and will
not use it for any other purpose; and
(ii) that he has not previously been supplied with a copy of that article or
other work, or the same part of the article or other work, as the case may
be, by an authorised officer of the library
or archives, or that he has lost, destroyed or damaged any such copy
previously supplied to him.

39. Section 45: Copying by libraries and
archives for users
• 45.—(7A) If an article contained in a periodical
publication or a published work (other than an article
contained in a periodical publication) is acquired, in
electronic form, as part of the collection of a library or
archives, the copyright in the article or published work
is not infringed by the officer-in-charge of the library or
archives making it available online within the premises
of the library or archives in such a manner that users
cannot, by using any equipment supplied by the library
or archives —
(a) make an electronic copy of the article or work; or
(b) communicate the article or work.

41. RESOURCES

42. Quiz
WHAT/WHERE ARE THE AVAILABLE
RESOURCES WE COULD REFER TO?

43. NTU IP POLICY

45. Stafflink  Staff Handbook

46. Staff Handbook

48. NTU IP Policy
2.2(a) Copyright ownership of Works by Staff Members or Students shall vest in the
Inventor subject to Part 2.2 (b) below, except under the following circumstances
where ownership shall vest in the University:
(i) If the Work is created in the course of or pursuant to an agreement between the
University and an external party, copyright ownership is subject to the terms on IP
ownership set out in the relevant agreement; or
(ii) If the Work is created by a non-faculty Staff Member or Student in the course of his or
her employment with the University; or
(iii) If the Work is commissioned by the University or is created at the direction of the
University for a specific University purpose; or
(iv) If the Work is created using funds provided by or through the University for such
purpose.
(b) The University shall have the right to use, publish, reproduce or distribute such
Works worldwide, including translations of such Works, in whole or in part and in
whatever form, electronic or otherwise, in relation to its teaching, research,
academic purposes or for the advancement of knowledge.

49. NTU IP Policy

50. NTU Library
website

51. NTU
Library
website
http://www.ntu.edu.sg/lib
rary/pages/copyright.aspx

52. Library FAQ

53. IPOS
website

54. IPOS

55. IPOS

56. IPOS

57. IPOS

58. IPOS

59. OTHER LIBRARIES

60. University of
Queensland
Library

64. CREATIVE COMMONS

65. Quiz
WHAT IS CREATIVE COMMONS?

66. What is Creative Commons?
• CC is a non-profit organisation that provides
licences and tools to allow owners of
copyright material to designate the conditions
(or “attributes”) under which their material
may be used worldwide.

67. Quiz
DO I NEED TO REGISTER TO USE A
CC?

68. Do I need to register to use a CC
licence?
• CC licences are offered to the public at no
charge and no registration is required to use a
CC licence.

69. Quiz
ARE MATERIALS RELEASED UNDER A CC
LICENCE CONSIDERED AS IN THE
“PUBLIC DOMAIN”?

70. Are materials released under a CC
licence considered as in the “public
domain”?
• Material released under a CC licence is not
necessarily in the "public domain", as the
licensor using a CC licence does not have to
give up all rights to his/her material.

71. ACTIVITY

72. Questions from NTU Librarians

73. Group 1
1. Do we need to register a copyright for our work?
2. Where can you check if a work has copyright?
3. Is there any free copyright consultation service
in Singapore?
4. If an organization no longer exists, are the
copyrights that it holds still valid?

74. Group 2
1. If an author has unpublished material, are they
protected by copyright?
2. If multiple people create a work, do they share the
copyright?
3. If one person dies, what happens to his share of the
copyright?
4. If you give away your work, who owns the copyright
now?

75. Group 3
1. Do different countries share the same copyright laws?
2. Can a faculty put a hardcopy of an article downloaded
from a database into the Reserves?
3. If a publisher allows a faculty to distribute their
content for 1 semester, will the faculty be allowed to
do it for subsequent semesters?
4. Can a faculty photocopy the contents of a book and
distribute it in class?

76. Group 4
1. Can a faculty distribute photocopies of an article
retrieved through Document Delivery Service in class?
2. Can print materials be digitized and uploaded to any
of NTU’s online learning platforms for access by NTU
staff & students?
3. Do public or government documents have copyright?
4. Can students use images from databases or museum
websites in their work?

77. Group 5
1. If a student takes a photo of an art piece in an exhibition
and uses it in his work, would this be copyright
infringement?
2. Can one scan the cover of a publication and put it online
for promotional purposes?
3. What should one take note of when extracting content
from other sources?
4. When sharing content from social media, how should the
source be credited?

78. Group 6
1. Can someone reuse content from their articles which
have been published in journals?
2. Does the copyright of a Final-Year Project belong to
the student or NTU?
3. What are the copyright regulations governing the use
of freely available content online?
4. Can one reuse thumbnails from online sources
without any other action?

79. Group 7
1. If a student working for the library produces
some artwork, who has the copyright to it?
2. Can a faculty reuse content from a ‘massive
online open course’ into his own lectures or
work?
3. Does raw data fall under copyright rules?