This document provides an overview of copyright law in education in Ireland. It discusses what works are protected by copyright, the rights of copyright owners, exceptions for fair use including education, and the UCC/ICLA licensing scheme which provides more permissive exceptions for copying in educational settings. It also covers original expression, moral rights, and remedies for copyright infringement.
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 https://www.dur.ac.uk/library/research/training/
Presentation for 2013 Research Resources Forum at Northwestern University Library. Welcoming event for incoming PhD students in humanities and social sciences.
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 https://www.dur.ac.uk/library/research/training/
Presentation for 2013 Research Resources Forum at Northwestern University Library. Welcoming event for incoming PhD students in humanities and social sciences.
Copyright and intellectual property rights issues by Jeroen VerschakelenREC:all project
This presentation was given by Jeroen Verschakelen, Expert in ICT law, Belgium on 11 December at the REC:all workshop 2013 "Lecture Capture: Moving beyond the pilot stage: large-scale implementation of lecture capture in European Higher Education" in Leuven, Belgium.
Professor Renee Hobbs introduces copyright and fair use to graduate students in the library and information studies program at the Harrington School of Communication and Media.
PORSCHE NHS eLearning Repository Copyright Consent Good Practiceheamedev
nhs porsche medbiq toolkit medev 2011 consent commons e-learning repository oer healthcare education ocw learnining resources practice based training technical good practice ukoer nelr consent oerporsche
GuideStar Webinar (11/5/15) -- Ask the Nonprofit Lawyer Everything You Wanted...GuideStar
Presenters: Jeffrey S. Tenenbaum, Esq., Partner and Chair of the Nonprofit Organizations Practice, Venable LLP; Cody Cassady, Marketing & Outreach Coordinator, GuideStar USA, Inc. (moderator).
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Copyright and intellectual property rights issues by Jeroen VerschakelenREC:all project
This presentation was given by Jeroen Verschakelen, Expert in ICT law, Belgium on 11 December at the REC:all workshop 2013 "Lecture Capture: Moving beyond the pilot stage: large-scale implementation of lecture capture in European Higher Education" in Leuven, Belgium.
Professor Renee Hobbs introduces copyright and fair use to graduate students in the library and information studies program at the Harrington School of Communication and Media.
PORSCHE NHS eLearning Repository Copyright Consent Good Practiceheamedev
nhs porsche medbiq toolkit medev 2011 consent commons e-learning repository oer healthcare education ocw learnining resources practice based training technical good practice ukoer nelr consent oerporsche
GuideStar Webinar (11/5/15) -- Ask the Nonprofit Lawyer Everything You Wanted...GuideStar
Presenters: Jeffrey S. Tenenbaum, Esq., Partner and Chair of the Nonprofit Organizations Practice, Venable LLP; Cody Cassady, Marketing & Outreach Coordinator, GuideStar USA, Inc. (moderator).
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Many of the resources you wish to use to support your teaching and research are protected by copyright. However, the good news is that there are ways in which you can legitimately use those materials without infringing copyright. This session will give an overview of the licences the university holds, as well as the permitted acts built into copyright law which allow educational establishments to benefit from a suspension of the rules which normally govern the use of copyright protected works.
Presented by Gordon Sandison, Licensing & Copyright Manager, University of Liverpool
UK Copyright Reform and Higher Education - New Exceptions and Implications fo...Chris Morrison
A summary of changes to UK copyright legislation of key importance to the Higher Education Sector following the Hargreaves Review of Intellectual Property and Statutory Instruments which became effective on 1 June 2014.
University of Liverpool Researcher KnowHow session presented by Gordon Sandison
Licensing & Copyright Manager,
24 March 2023.
session aims to extend your knowledge and develop your understanding of:
*What copyright is
*Licences available
*Permitted acts/copyright exceptions
*Risk management
in relation to using materials in your teaching.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Hunger Strikes in Prison: The Legal Issues Oct 2020Darius Whelan
‘Hunger Strikes in Prison: The Legal Issues’, Conference Paper at conference, "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020", School of History, University College Cork, October 2020
Copyright for Digital Learning
Darius Whelan
Irish Universities Association - Enhancing Digital Teaching and Learning in Irish Universities - Online Seminar, June 2020
Link to resources cited:
https://bit.ly/copyright_open_IUADigEd_June2020
Employees and Internet Use - Legal PerspectiveDarius Whelan
E Law Developments: Employees and Internet Use
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
http://www.ucc.ie/law/courses/
E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
https://www.ucc.ie/en/law/courses/
LLM in Intellectual Property and E Law, University College Cork, IrelandDarius Whelan
LLM in Intellectual Property and E Law, University College Cork
School of Law
https://www.ucc.ie/en/lawsite/ucc-master's-law/
https://www.ucc.ie/en/ckl16/
Human Rights and Mental Health TribunalsDarius Whelan
Irish Association of Social Workers
Learning from each other; Critical Reflections on the intersections between the Mental Health Act 2001 and Human Rights.
Dublin, February 2019
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Developing Students' E-Literacy (Teaching and Learning)Darius Whelan
Presentation at University College Cork Digital Day, December 2014
http://www.ucc.ie/en/teachlearn/tel/digitalday2014/
Organised by Vice Presiodent for Teaching and Learning.
Ionad Bairre.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Slides by Dr Louise Crowley at Copyright Law for Digital Teaching and Learning, May 2014
1. May 15, 2014 1
Copyright law in Education
Dr Louise Crowley
Faculty of Law
University College Cork
2. May 15, 2014 2
Overview
• What is copyright?
• When is a work deemed to be original?
• Rights of copyright owner
• Fair Dealing Exceptions
– Education
– Criticism or Review
– Incidental Inclusion
• Reliance upon licenses
• UCC/ICLA – More permissive exceptions
• Rights of Employers – Institutional IPR
Policy
• Moral rights
4. Literary work
• Covers any work that is expressed
in print or in writing
• Does not mandate a high
standard of style or quality
• Necessitates some level of skill or
effort – “unintelligible scribblings”
were deemed not to constitute a
literary work as they lacked any
effort or information (Fournet v
Pearson)
May 15, 2014 4
5. May 15, 2014 5
What is Copyright?
• Copyright is a property right
• Automatically subsists in an
original work
• Permits the copyright owner to use
and/or authorise others to use
• Automatically prevents others
from using the protected work
• Subsists automatically – no need
to declare or register
• Life of author plus 70 yrs
6. May 15, 2014 6
Original expression
• Requires evidence of the author’s skill and
labour
• The originality which is required relates to the
expression of the thought…the work must
not be copied from another work; it should
originate from the author.
• Detail of expression impacts upon
assessment of originality
• Relatively low threshold
• No protection of ideas or principles
• Protection lies in the expression of the idea
7. University of London Press v
University Tutorial Press Ltd [1916]
• “The word original does not in this
connection mean that the work must
be the expression of original or inventive
thought. Copyright Acts are not
concerned with the originality of ideas,
but with the expression of thought, and,
in the case of ‘literary work’ with the
expression of thought in print or
writing....the Act does not require that
the expression must be in an original or
novel form but that the work must not
be copied from another work – that it
should originate from the author.”
(Peterson J)
May 15, 2014 7
8. Low threshold
• Various authorities – matter of the
interpretation of work in question
• “Work must show no literary or other
skill or judgment...but must originate
with the author” (Australia)
• Often arises in relation to
compilations – where the work is not a
copy of an existing compilation and
required skill and discretion
• Is a derivative work but often still
attracts copyright protection
May 15, 2014 8
9. May 15, 2014 9
Positive rights of copyright owner
• Exclusive right to use or to authorise others to
use
• Copy the work
• Make work available to public
• Distribute the work
• Make an adaptation of the work
10. May 15, 2014 10
Prohibited Acts
• Persons other than the copyright
owner 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
work
12. May 15, 2014 12
Fair Dealing
• Governed by statute and common
law
• Chapter 6 2000 Act - sections 49-52
• Express parameters on the concept
– Research and/or private study
– Criticism or review
– Incidental inclusion
14. Research or Private Study –
copying that is not exempt
• Where the person copying knows or has
reason to believe that the copying will
result in copies of substantially the same
material being provided to more than
one person at approximately the same
time and for substantially the same
purpose
• Converting a computer program
expressed in a low level computer
language into a version expressed in a
higher level computer language, or
• Copying a computer program in an
incidental manner in the course of
converting that program
May 15, 2014 14
15. May 15, 2014 15
Criticism or Review
• Must be accompanied by a
sufficient acknowledgement
• Includes fair dealing with a work
(other than a photograph) for the
purpose of reporting current
events, where accompanied by a
sufficient acknowledgement
• “Sufficient acknowledgment”
requires an acknowledgement of
the title, or other description of the
work and the identification the
author
16. Incidental Inclusion
• Copyright in a work is not infringed by its
inclusion in an incidental manner in
another work
• Copies of such work can be lawfully
made available to the public
• Not incidental where the inclusion
unreasonably prejudices the rights of the
copyright owner
• Permits the use of quotations or extracts
where the first work has been lawfully
made available to the public and
where such use does not prejudice the
rights of the owner and the owner is
sufficiently acknowledged
May 15, 2014 16
17. May 15, 2014 17
Education exception
• Sections 53-58 of 2000 Act
• Authorises the use of work that is
otherwise copyright protected
• Exhaustive list of permitted acts,
subject to multiple conditions and
pre-requisites.
18. Education exception
• Starting point is permissive
• Copyright in a literary, dramatic, musical
or artistic work shall not be infringed by its
being copied in the course of instruction
or preparation for instruction...but
mandates that....
• Copying is done by or on behalf of the
person giving or receiving instruction
• Copying is not by reprographic means
• The copying is accompanied by a
sufficient acknowledgement
May 15, 2014 18
19. Education exception – non literary
• Starting point is also permissive
• Copyright in a sound recording, film,
broadcast, cable programme or an
original database shall not be infringed
by its being copied in the course of
instruction or preparation for
instruction...but mandates that....
• Copying is done by or on behalf of the
person giving or receiving instruction
• Copying results in only a single copy
being made
• The copying is accompanied by a
sufficient acknowledgement
May 15, 2014 19
20. Education exception - miscellaneous
• Permits copying for the purposes of an
examination by way of setting
questions, communicating questions to
the candidates or answering questions
but does not permit the making of a
reprographic copy of a musical work for
use by an examination candidate in
performing the work
• Infringement does occur where an
exempt copy is subsequently sold, rent
or lent or offered or exposed for sale,
rent or loan or otherwise made
available to the public
May 15, 2014 20
21. Performing, playing or showing work
• Audience must be limited to persons who
are teachers in or pupils in attendance at
an educational establishment, or other
persons directly connected with the
activities of that establishment
• Performance by a teacher or pupil, or
performance at the establishment by any
person, for the purposes of instruction
• Includes the playing or showing of a
sound recording, film or broadcast or
cable programme
• Presence of parents or guardians not
included in these exemptions
May 15, 2014 21
22. May 15, 2014 22
How much can be copied by
reprographic means?
• Copying must be by or on behalf of an
educational establishment
• Work must have been lawfully made
available to the public
• Short passage
• No more than 5% of a work in a calendar
year
• Anthologies - No more than 2 excerpts
from work of same author within a 5 year
period
• Statutory exemptions are not applicable
where a licensing scheme exists
23. May 15, 2014 23
UCC – ICLA Licence
• Over-rides statutory prohibitions
• Use is limited to the terms of the
licence
• Licence extended to digital
copying 1/1/2006
• Exhaustive list of licensed materials
(ltd by publishers)
24. May 15, 2014 24
Original ICLA licence
• Permits UCC staff/students to copy extracts
• Limits to the extent of permitted copying
• Limited by scope of ‘licensed materials’
• Must be a copy of the original work
• http://secretary.ucc.ie/copyright/ICLALicenceAgreement.do
25. May 15, 2014 25
‘To copy’
• “…to make or permit the
making of a photocopy or any
reproduction of Licensed
material on to paper by means
of any reprographic process,
excluding the making of a
reproduction by electronic or
digital means…”
26. May 15, 2014 26
Extent of licence
• To make and permit copies as
required by the employees or
students
• To make the copies available to
students/staff
• Provided such copying is not in
connection with any commercial
activity other than educational
purposes
27. May 15, 2014 27
Limitations
• Not exceed 5% or 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 can be
copied
28. May 15, 2014 28
Other issues
• Copy must be made from the original
• Number of copies must not exceed the
number of students in a class, plus 2
copies for each teacher or lecturer
• Permits compilation and distribution of
course packs for specific courses
• Such materials cannot be sold or rented
but the Licensee can charge for the
expense of producing the material
• Express prohibition on electronic copying
• Must include name of author and
publisher on front page of each copy
29. May 15, 2014 29
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’
• Expressly excludes posting material on
worldwide web
• http://www.ucc.ie/en/media/support/ocla/compliance/UCC
30. May 15, 2014 30
What is permitted now?
• Scanning of material for digital
reproduction
• Make available digital copies
of licensed materials via
Blackboard
• Print and permit to be printed
onto paper, digital copies of
licensed material
PROVIDED FOR EDUCATIONAL PURPOSES
31. May 15, 2014 31
Limitations to license
• Must copy original material only
• 5%/one chapter limitations apply
• Not authorised to amend, alter or
manipulate material
• No reproduction on world wide web
• Can’t send material by email
32. May 15, 2014 32
More limitations
• Can’t make digital copies of any
graphic or visual work unless integral
to text being copied
• Can’t make copy to CD, DVD, floppy
disk etc.
• Can’t collect or store digital copy
except for technical back-up
purposes
33. May 15, 2014 33
Included publishers
• Schedule to the agreement
• Currently 63 publishers included
• http://www.ucc.ie/en/media/support/ocla/compl
• US publishers included
• UK publishers excluded
34. May 15, 2014 34
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
• University policies more typically focus on
inventions and related patent laws
35. UCC IP Policy
Ownership of IP:
• The University owns all IP rights in works
generated by staff in the course of their
employment by the University and
students during their courses of study.
Re Copyright:
• But the University does not assert
ownership of copyright of pedagogical,
scholarly or artistic works, regardless of
their form of expression, unless there is a
written agreement to the contrary.
May 15, 2014 35
36. May 15, 2014 36
Moral Rights
• Chapter 7 – 2000 Act
• Retention of integral rights by author
• Expressly includes:
– Paternity right
– Integrity right
– False attribution
– Prevent mutilation
• Rights can be waived in writing but
cannot be assigned nor alienated
37. May 15, 2014 37
Remedies for breach
• Criminal and civil remedies
• Whose rights are
breached?
• EC Enforcement Directive
• Civil proceedings
– Damages
– Injunction
– Cease and desist
– Account for profits and gain