Transcript Copyright in Online Resources OUCS Rowan Wilson February …

Copyright in Online Resources
A Course for content users
OUCS
Rowan Wilson
February 2009
Copyright in Online Resources
A Course for Content Users
CAUTION!

I am not a lawyer

This talk is focused on electronic resources

This talk is focused on Higher Education

A lot of material – some of it tedious
Copyright in Online Resources
A Course for Content Users

What intellectual property is

What copyright is

How copyright is licensed

What common problems the use of the Internet presents to copyright
holders and would-be licensees

What Fair Dealing is

What the Copyright Licensing Agency is

Creative Commons and Open Content
Copyright in Online Resources
A Course for Content Users
What is intellectual property?
Copyright in Online Resources
A Course for Content Users
“Intellectual Property (IP) is
created when an idea takes some
tangible form. IP can mean a
brand, invention, design or other
kind of creation and it can be
legally owned..”
http://www.ipo.gov.uk/
Copyright in Online Resources
A Course for Content Users
Does Intellectual Property = Property?
The owner of intellectual property has rights over it

Intellectual property law protects those rights

Intellectual property rights come in two types: registered or unregistered

There are many kinds of intellectual property

Copyright in Online Resources
A Course for Content Users
What is copyright?
Copyright in Online Resources
A Course for Content Users
Copyright...
is a form of intellectual property

is an unregistered right – it comes into existence at the same time that
the work is 'fixed'

protects the 'fixed' form of an idea, not the idea itself

protects literary and artistic material, music, films, sound recordings and
broadcasts, including software and multimedia

generally does not protect works that are 'insubstantial' – thus names
and titles are not protected (although a 'passing off' action may be a
possibility)

gives the author exclusive economic and moral rights over the
copyrighted material

Copyright in Online Resources
A Course for Content Users
What exclusive economic rights do authors have?
Making copies

Issuing copies to the public (publication, performing,
broadcasting, online distribution)

Renting or lending copies

Adapting the work

Copyright in Online Resources
A Course for Content Users
What exclusive moral rights do authors have?
to be identified as the author of the work

to object to derogatory treatment of the work which would prejudicial to
the honour or reputation of the author

to not be falsely identified as the author of a work

Though do note:
Moral rights must be asserted formally to anyone who receives the work

Moral rights can be waived

Computer programs, newspaper and magazine articles and material in
reference works such as dictionaries do not come with moral rights

Copyright in Online Resources
A Course for Content Users
What if I'm employed to create copyright material?
Your employment contract will govern who owns the copyright, although
the default position will be that your employer does

For University of Oxford employees the position is spelled out in the
University Statutes XVI part b

Even works created outside working hours may be owned by your
employer if they are of the same general type as you are employed to
create

Beware! If you bring in contractors or consultants they will by default own
the copyright in their work unless the contract you arrange says otherwise

Copyright in Online Resources
A Course for Content Users
When does copyright expire under UK law?
For literary, dramatic, musical or artistic work, 70 years after the death of the author

For films, the 70 years after the last death of principal director, the authors of the screenplay
and dialogue, and the composer of any music specially created for the film

For sound recordings, 50 years after the year or production or the year of publication,
whichever is later

For broadcasts, 50 years after first broadcast

For the layout of publications, 25 years after publication

Note: all terms calculated from the end of the year in question

Also note: The duration of copyright protection has changed several times over the last
decades, meaning that some authors have enjoyed renewed copyright.

Copyright in Online Resources
A Course for Content Users
So what can an author do with their copyright?
They can sell it – although any moral rights will always remain with the
original author unless they waive them

They can license it...

Copyright in Online Resources
A Course for Content Users
How is copyright licensed?
Copyright in Online Resources
A Course for Content Users
What's a copyright licence and how do I get or give one?
A copyright licence is an agreement between a copyright owner (licensor) and another
person or group (the licensee)

This agreement permits the licensee to do things which would otherwise be protected
actions under intellectual property law

Thus a copyright licence might permit the licensee to copy the work, communicate it to
the public, adapt it or perform it (or any combination of those)

The terms of copyright licences typically limit elements like the duration or the
geographical extent of the grant of rights

Copyright licences can be exclusive or non-exclusive

The Creative Commons project provides ready-made copyright licences that may be
suitable for your needs

Copyright in Online Resources
A Course for Content Users
What common problems does the internet
present to content users?
Copyright in Online Resources:
A Course For Content Users
What can one do with material on the internet?
Making material available on a publicly accessible web site would strongly
imply universal permission to perform the restricted activities necessary to
view it; for example making a copy in memory on a client machine and storing
the material in a disk cache for easy recall.

Posting to a mailing list would also probably imply permission to reproduce
your material in replies to that mailing list via quotation

Placing material on the internet does not imply the granting of permission to
adapt, distribute or copy the work for other purposes

There is a common misapprehension that the internet is somehow a
gateway to the 'Public Domain'. In fact in UK law there is no such thing as the
'Public Domain'.

Copyright in Online Resources
A Course for Content Users
Some examples
“I've found material on the internet that I want to substantially reproduce or
adapt”

“I want to link to an external resource”

“I want to digitise something that's out of copyright and put it on the internet”

“I want to make limited use of someone else's material, such as a quotation
in a review”

“I want to scan copyright material and place it on the internet for a course
that I teach”

“I want to reuse something that I think is 'open content'”

Copyright in Online Resources
A Course for Content Users
“I've found material on the internet that I want to substantially reproduce
or adapt”
Is the copying substantial? This must be judged in terms of both the quantity
and quality of the copied material

Identify the copyright owner and ask for their permission

The fact that it is generally available on the internet is not an indicator that it
can be used without permission from the copyright owner

If you can't identify or contact the copyright owner, you cannot obtain
permission and thus cannot use the material

Copyright holder representative organisations can often be useful in tracking
down their members; try the Society of Authors, the Copyright Licensing
Agency or the author's literary agent (Google)

Copyright in Online Resources
A Course for Content Users
“I want to link to an external resource”
Linking to the front page of a site is always acceptable

Hyperlinks for 'deep linking' (linking directly to a page within an external site)
should contain acknowledgement of the external resource to avoid giving the
impression to users that you take credit for or are responsible for the contents
of that page

Hyperlinking in a derogatory manner or in such a way as to misrepresent the
linked resource could be a violation of the external resource's author's moral
rights

External link redirecting – as used by sites like the BBC – can be a good
technical solution to this problem

Copyright in Online Resources
A Course for Content Users
“I want to digitise something that's out of copyright and put it on the
internet”
Are you sure that both the material and its presentation are usable without
permission?

The resulting digitised materials may or may not be copyright in themselves

Bridgeman Art Library v. Corel Corp. established that high quality digital
reproductions of images that were out of copyright were not themselves
protected under US law. On appeal, Bridgeman Art Library argued that UK
law should be applied. The US court rejected this suggestion, while noting
that as far as it could see UK law did not support Bridgeman's argument.

Copyright in Online Resources
A Course for Content Users
“I want to make limited use of someone else's material, such as a
quotation in a review”
Pay attention in the next section on Fair Dealing!

Copyright in Online Resources
A Course for Content Users
“I want to scan copyright material and place it on the internet for a
course that I teach”
Pay attention in the next-but-one section on the Copyright Licensing Agency!

Copyright in Online Resources
A Course for Content Users
“I want to reuse something that I think is 'open content'”

Pay attention in the final section on Creative Commons and Open Content!

Copyright in Online Resources
A Course for Content Users
What is 'Fair Dealing'?
Copyright in Online Resources
A Course for Content Users
What is Fair Dealing?
Similar to the well-known phrase from US law 'Fair Use'

'Fair Dealing' is a term which describes certain uses of a copyright work
under certain defined circumstances. Provided that these circumstances are
in place, no permission for this use is required from the copyright owner.

The 'Fair Dealing' exceptions can be read in full in the Copyright, Designs
and Patents Act 1988 (and subsequent amendments)

On the following slides some of these exceptions will be described briefly.

Refer to the Act to find the precise detail of the exceptions, and for some
others not mentioned here

Copyright in Online Resources
A Course for Content Users
What are the Fair Dealing exceptions?
Research and private study
A "reasonable proportion" of a literary, dramatic, musical or artistic work can
be copied provided that only one copy is made for non-commercial research

Criticism, review and news reporting
any copyright material may be copied provided that acknowledgement of the
source is made in the resulting material (with the exception of sound
recordings and film in used current events reporting, where no
acknowledgement is necessary)

Photos are excluded from the current event reporting exception,
acknowledged or not.

Copyright in Online Resources
A Course for Content Users
What are the Fair Dealing exceptions? (continued)
Things done for purposes of instruction or examination
Literary, dramatic, musical or artistic works may be copied if the copying is
done by the instructor themselves and the method of reproduction is not
reprographic

Sound recordings and films may be copied if the copying is done by the
instructor themselves and the subject being taught is the making of films or film
soundtracks

Nearly all protected activities relating to setting questions for exams, making
questions available to examinees and answering those questions are permitted
(only copying sheet music for performance in an exam is not)

Materials generated under this exception (things done for purposes of
instruction or examination) become infringing copies if they are subsequently
sold, hired or communicated to the public.

Copyright in Online Resources
A Course for Content Users
What are the Fair Dealing exceptions? (continued)
Exceptions involving libraries and librarians
Librarians can make single copies of periodical articles and sections from
literary, dramatic or musical works for library users provided that they are
satisfied that the user will be covered by the 'Research and Private Study'
exception (a statutory form of words exists which can be obtained from the
library in question and signed by the library user).

Copyright in Online Resources
A Course for Content Users
Anything else?
Copyright (Visually Impaired Persons) Act 2002 amends the 1988 Copyright,
Designs and Patents Act to allow a visually impaired person to make and
keep 'a single accessible copy for personal use'. Certain approved
organisations are also permitted to make accessible copies of works and
distribute them to visually impaired users.

In some circumstances the actions of a copyright holder may create an
'implied' licence. For example, posting to a mailing list would almost certainly
imply permission from the author to the list subscribers to keep a local copy of
the posting and quote it in further postings of their own.

Copyright in Online Resources
A Course for Content Users
What is the Copyright
Licensing Agency?
Copyright in Online Resources
A Course for Content Users
What is the Copyright Licensing Agency?
A Licensing Body

A company owned by organisations representing authors and publishers

It sells licences to other organisations who need to copy extracts from
books, journals and magazines

Some publishers are not represented, and must be negotiated with
separately

Some publishers who are represented nevertheless exclude their works from
being scanned (currently DK, Penguin, and all their subsidiaries)

For Higher Education it provides a 'blanket' licence which permits
photocopying and scanning of extracts within certain conditions

This licence is called the ‘Comprehensive HE Licence'

Copyright in Online Resources
A Course for Content Users
What are the terms of the Comprehensive HE Licence?
Photocopies and scans may be made from published works or from
photocopies of published works as long as no more than one copy is made
per student on the relevant course, and the extent of the copying does not
exceed:


One chapter from a book

One article from a periodical

One short story or poem of under ten pages from an anthology

One case from a compilation of judicial proceedings
Copyright in Online Resources
A Course for Content Users
What are the terms of the Comprehensive HE Licence?
Scans of material can be made (to the same extent as photocopying) with
the following additional conditions:





A 'Designated Person' must undertake the scanning (can be specified by
job type)
Distribution of electronic copies must be via a securely authenticated
download system
If there is a more practical way of getting a digital copy of the material
(like a commercially available electronic copy) the Designated Person
needs to record a reason why they are not using it before making a scan
Prominent copyright notices and attribution in an agreed form must be
attached to all digital copies
Copyright in Online Resources
A Course for Content Users
What are the terms of the Comprehensive HE Licence?
More scanning conditions:
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


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The digital copy must represent the physical original faithfully
Scans must be made from the most current edition, unless there is a
sound pedagogical reason to choose a previous edition
The collection of scanned digital resources must be audited regularly.
Material which is no longer needed for any course, or which has been
excluded as a result of a change in the terms of the licence must be
deleted.
Scanning can be contracted out provided that the contractor also obeys
the terms of the licence
Sections may be blanked out for academic/testing purposes
Copyright in Online Resources
A Course for Content Users
What are the terms of the Comprehensive HE Licence?
Yet more scanning condition:



A record must be made of every act of scanning. The CLA requires a biannual return showing this information
HE institutions who have the same licence from the CLA may provide
scanned items to each other to avoid duplication of effort
Copyright in Online Resources
A Course for Content Users
What's currently excluded?
(see web site)

works published in certain countries and by certain publishers

printed music (including the words);

maps, charts or books of tables;

workbooks, work cards and assignment sheets;
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privately owned documents issued for tuition purposes and limited to clientèle who pay fees;

newspapers;


industrial house journals and other free publications primarily for employees of commercial
businesses, industrial undertakings or public services;
any work on which the copyright owner has expressly and prominently stipulated that it may not
be copied under this Licence.
Copyright in Online Resources
A Course for Content Users
Anything Else?

Christian Copyright Licensing International (Hymns etc)

Mechanical Copyright Protection Society (Recordings)

Newspaper Licensing Agency (Newspapers)

Performing Rights Society (Public performance of music)

The Ordnance Survey (Maps)

See www.cla.co.uk/copyrightinformation_directory.php
Copyright in Online Resources
A Course for Content Users
Creative Commons and Open
Content
Copyright in Online Resources
A Course for Content Users
What is Creative Commons Licensing?
Founded in 2001 by Prof Lawrence Lessig at the University of Stanford

Provides general, regionalised copyright licences for use by copyright
owners

Creative Commons licences are permissive compared to a standard
commercial copyright licence

The Creative Commons web site provides a step-by-step guide to selecting
and applying a CC licence to your work

The aim of the Creative Commons project is to create a large body of
copyright work which can be easily adapted and reused

The project was formed as a response to the perceived wasting away of the
concept of the 'public domain' under US law

Copyright in Online Resources
A Course for Content Users
What kinds of licences do Creative Commons provide?
All Creative Commons licences mandate attribution of the copyright owner
(Attribution)

A CC licensor can specify that their work cannot be copied or adapted for
use in a commercial work (Non-Commercial)

A CC licensor can specify that any adaptations or copies must be licensed
under the same licence (Share-alike)

A CC licensor can specify that no adaptations (derivative works) may be
made from their work (No Derivatives)

Copyright in Online Resources
A Course for Content Users
This leads to six possible combinations:

Attribution alone (by)

Attribution + Noncommercial (by-nc)

Attribution + NoDerivs (by-nd)

Attribution + ShareAlike (by-sa)

Attribution + Noncommercial + NoDerivs (by-nc-nd)

Attribution + Noncommercial + ShareAlike (by-nc-sa)
Copyright in Online Resources
A Course for Content Users
Anything else?
Embedded RDF licence summaries allow search based upon reuse
possibilities

Licences come with simple language summaries of their terms

More licences...

Copyright in Online Resources
A Course for Content Users
Anything else?
CC0 – a legal document that attempts to waive all IP rights in a given work.
In jurisdictions where this cannot be achieved (like the UK) it falls back upon a
broad non-exclusive worldwide licence for all.

CC+ - a dual-licensing mechanism in which a work is advertised as being
available under both a CC licence and another, possibly more useful
commercial licence.

A suite of Sampling licences which facilitate the use of extracts of music in
other music

A Music Sharing licence that permits the sharing of music, but not its sale

Copyright in Online Resources
A Course for Content Users
Anything else? (continued)
Science Commons – a project designed to increase the amount of scientific
data available for reuse.

ccLearn – a project attempting to lessen the legal, technical and social
barriers to sharing, adaptation and reuse of learning materials

MIT Open Courseware - Free lecture notes, exams, and videos from
Massachusetts Institute of Technology released under Creative Commons
Attribution-NonCommercial-ShareAlike 3.0 (United States).

Flickr – large tagged repository of digital photographs, many Creative
Commons licensed.

Copyright in Online Resources
A Course for Content Users
GNU Free Documentation License
A Copyleft Licence

Used on the content of Wikipedia

Can be onerous in that printed works that include GFDL'd content must also
include the entire text of the licence.

Copyright in Online Resources
A Course for Content Users
How Do I Attribute?
Keep intact all copyright notices for the Work and give the original author
'credit reasonable to the medium'

Convey the title of the work if supplied

Include an URL for the work as long as the version of the work at the URL
includes ownership and licensing information

In an adaptation explain the use made of the work and credit the original
author as prominently as the adapter

Credit may be implemented 'in any reasonable manner'

Copyright in Online Resources
A Course for Content Users
The End
Questions or Discussion?
Copyright in Online Resources
A Course for Content Users
Links
UK Intellectual Property Office – http://www.ipo.gov.uk/home.htm
OULS Copyright FAQ - http://www.bodley.ox.ac.uk/ulsd/oxonly/copyright/copyrightfaq.htm
University of Oxford Statues covering IP issues – http://www.admin.ox.ac.uk/statutes/790-121.shtml
JISC Electronic Fair Dealing Guidelines – http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html
JISC Legal – http://www.jisclegal.ac.uk/
Museums Copyright Org © Expiration Flowchart - http://www.museumscopyright.org.uk/private.pdf
The Society of Authors – http://www.societyofauthors.org/
Writers, Artists and Their Copyright Holders - www.watch-file.com
Copyright, Designs and Patents Act 1988 - http://www.patent.gov.uk/cdpact1988.pdf
Copyright (Visually Impaired Persons) Act 2002 - http://www.opsi.gov.uk/acts/acts2002/20020033.htm
Copyright Licensing Agency - http://www.cla.co.uk/
Creative Commons – http://www.creativecommons.org
Creative Commons Content Search - http://search.creativecommons.org/
GNU Free Documentation License - http://www.fsf.org/licensing/licenses/fdl.html
OSS Watch – http://www.oss-watch.ac.uk
This presentation: http://www.slideshare.net/crmwilson/copyright-in-online-resources-users
Copyright in Online Resources
A Course for Content Users
Appendix:
What does the University
of Oxford claim of your
work?
Copyright in Online Resources
A Course for Content Users
How does the University claim rights to work?
Employment and studentship agreements 'import' the statutes of the
University of Oxford

Signature of such agreements indicates assent to the statutes

The statutes cover many topics including IP

The statutes lay out whose work is claimed, and the varieties of work that
are claimed.

For a work to be claimed it must be both of the prescribed kind and created
by a prescribed kind of individual (and not specifically excluded).

Assent to the statutes includes assent to sign any necessary additional
licences required by the University

Copyright in Online Resources
A Course for Content Users
Whose work is claimed?
Employees creating © work in the course of their employment

Students creating © work in the course of (or incidentally to) their studies

Anyone else who, “as a condition of their being granted access to the
University's premises or facilities” has agreed in writing to be bound by the IP
statutes

Contractors creating © work during the course of (or incidentally to) their
contracted work

Copyright in Online Resources
A Course for Content Users
What kinds of work are claimed?
(1) works generated by computer hardware or software owned or operated by the
University;

(2) films, videos, multimedia works, typographical arrangements, field and laboratory
notebooks, and other works created with the aid of university facilities;

(3) patentable and non-patentable inventions;

(4) registered and unregistered designs, plant varieties, and topographies;

(5) university-commissioned works not within (1), (2), (3), or (4);

(6) databases, computer software, firmware, courseware, and related material not
within (1), (2), (3), (4), or (5), but only if they may reasonably be considered to possess
commercial potential; and

(7) know-how and information associated with the above.

Copyright in Online Resources
A Course for Content Users
What kinds of work are not claimed (even if they are caught in the
definitions on the previous page)?
artistic works, books, articles, plays, lyrics, scores, or lectures, apart from
those specifically commissioned by the University;

audio or visual aids to the giving of lectures; or

computer-related works other than those specified on the previous page

Copyright in Online Resources:
A Course For Content Authors
What does “specifically commissioned by the University” mean?
“works which the University has specifically employed or requested the
person concerned to produce, whether in return for special payment or not”

Excludes works commissioned by Oxford University Press, for which
separate agreements are likely to be made
