Transcript Copyright and UP - Department of Library Services

Copyright : its impact on
teaching and learning at
University of Pretoria
Jacob Mothutsi
Copyright Officer
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Background
• Do you use articles from journals, books and other
publications to create course packs, electronic reserved
material or single-item handouts?
• Do you ever download articles from the internet?
If your answer is “YES” to any of these questions,
copyright is something that you should take into
consideration
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• Whether you are a lecturer, librarian or staff member,
chances are you need to:
– Photocopy articles or other copyrighted materials for
course-packs, class handouts, library reserves or
interlibrary loans
– Electronically reproduce materials for distant learning,
electronic course-packs or electronic reserves
– Republish other’s copyrighted material in your own
books, newsletter, CD’s, etc
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• But did you know that doing so without permission from the
copyright owner is under many circumstances copyright
infringement?
• Anyone who reproduce copyrighted material without
permission can be held liable for contributory infringement
• Such is a case when they distribute multiple copies of
course material without permission from the copyright
owner
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Exactly, what is copyright and why should
I worry about it?
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What is Copyright?
• Simply put, Copyright is the right to copy
• It is part of a group of intellectual property rights, which
provide legal protection to creators of works of the mind
• It grants copyright owners the right to:
– Reproduce the work
– Create derivative works based on the original work
– Distribute copies of the work
– Perform the work, or
– Display the work in public
Anyone who does all this without the permission of the
copyright owner, is in violation of the Copyright Law
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What does copyright protect?
• Copyright provides authors fairly substantial control over
their work. The four basic protections are:
– The right to make copies of the work;
– The right to sell or otherwise distribute copies of the
work;
– The right to prepare new works based on the protected
work;
– The right to perform the protected work (such as a
stage play or painting) in public
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Which material are protected by Copyright?
• Copyright protects works "fixed in any tangible medium of
expression" in these categories:
– literary works;
– musical works, including any accompanying words;
– dramatic works, including any accompanying music;
– pantomimes and choreographic works;
– pictorial, graphic, and sculptural works;
– motion pictures and other audiovisual works;
– sound recordings;
– architectural works;
– computer programmes
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What cannot be covered by the Copyright Law?
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Works in public domain
Ideas
Facts
Words, names, slogans
Blank forms
Government works
Works for which copyright has expired
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Who owns copyright in a work?
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The owner of the work is either the creator or the author
BUT
Work created during the course and scope of employment under
contract of employment – EMPLOYER is the owner
Photograph/portrait/film/sound/recording/gravure –
COMMISSIONER is the owner
STATE is the owner of the work when it is made under its direction
or control
Published edition - PUBLISHER
In some cases the copyright vested in the author of the literary work
may have been assigned to the publisher through contract
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What protection does copyright offer the owner?
• If you own copyright to a work, only you, have:
– The right to make copies of the work;
– The right to sell or otherwise distribute copies of the
work;
– The right to prepare new works based on the protected
work;
– The right to perform the protected work (such as a
stage play or painting) in public
• No one else has these rights and no one but you may
authorize others to have this rights by giving them
permission
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Why does copyright exists?
• To encourage, support and protect your creativity and the
creativity of your colleagues. The law does this by
providing financial incentives to creators, including a right
to sue infringers
• As a staff member working in an academic institution, you
have probably written and published material such as
technical articles, books or short stories. You understand
the time invested to write, rewrite, edit, find an agent and a
publisher. What would happen if you and others who
research, invent, write and create could not be
compensated for your labours? Royalty fees on course
materials may seem like too much money for students to
pay, but without compensation there would be no
incentives to create new materials
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Why our institution is concerned about copyright?
• The university’s policy ensures that we respect the rights
of authors and publishers and pay reasonable licence fees,
where required by law
• Infringement of copyright by staff or students may result in
legal action and possible awards of damages
• The viability of local publishers depends upon compliance
with the copyright law
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What can be copied?
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Motion media: - 10% of the total or three minutes
Text material – 10% of the total
– A chapter from a book (never the entire book)
– An article from a periodical or newspaper
Music, lyrics, and music video – 10% of the work but not more
than 30 seconds or lyrics
Illustrations or photographs – 10% or 15 images, whichever is
less from a collection
Numerical data sets – 10% or 2,500 fields or cell entries,
whichever is less
Copying of a multimedia project – No more than two copies may
be made of a project
Poetry – Multiple copies of a poem of 250 words or less that
exists on two pages or less or 250 words from a longer poem
Prose – 10% of the total work
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What should be avoided?
• Making multiple copies of different works that could
substitute for the purchase of books, publisher's reprints,
or periodicals
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Copyright violation
• The author or owner of his/her licensee (in some cases)
can take legal action to stop infringement of his/her rights.
This can include seizure of the infringing material,
damages and an interdict preventing further infringement
of his/her rights. The courts have the power to award
additional damages where there has been a flagrant beach
of copyright.
• The Copyright Act also makes provision for criminal
penalties – a fine (a maximum of R5 000 per infringement)
and/or imprisonment of up to 3 years for a first conviction.
The maximum fine and/or imprisonment penalty for a
second conviction is R10 000 and/or 5 years .
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Duration of Copyright
• Copyright has a definite time span
• Literary & Artistic works – 50 years from the end of the
year in which the author dies or 50 years from year of
exploitation
• Published editions : 50 years from date on which they are
first published
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Fair Use
Fair use means using the work to the extent reasonably
necessary for a particular purpose and be careful not to
prejudice the author by taking an excessive amount of the
work concerned.
Example : Complete copying of whole chapters of books by
lecturers/students – this cannot be seen as fair dealing.
GOLDEN RULE OF FAIR DEALING
“Take not from others to such an extent and in such a manner that you would
be resentful if they so took from you” - Joseph McDonald
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Copyright and fair use
• Fair use is the legal right to copy a limited amount of copyrighted
material without obtaining copyright permission from the copyright
owner
• Copyright law allows for limited uses of copyrighted material for
societal benefit without the author’s permission for specific purposes
• Under fair use, small portion of copyright works can be used to
support research
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Reproduction of copyrighted material for educational
purposes
• The law (presently under review) permits the making of
limited numbers of copies of works for personal use, study
and research, and teaching, without having to apply for
copyright permission, viz:
• Personal copies for use by a student, a researcher and a
teacher/lecturer: having regard to the totality and meaning
of a work, one copy of a "reasonable and necessary
portion" of a work, consistent with fair practice, can be
made without permission (Regulation 2(a)).
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Reproduction of copyrighted material for
educational purposes ….continues
• Copies for students made by academic departments: one
copy of a "reasonable portion" per student per course, may
be made by or for a lecturer for classroom use or
discussion, without permission (Regulations 2 &7).
• Not more than "a reasonable portion" should be made,
provided "the cumulative effect of the reproductions does
not conflict with the normal exploitation of the work to the
unreasonable prejudice of the legal interest and residuary
rights of the author" (Regulation 2(b)).
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Application for copyright clearance
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Application forms are obtainable at the copyright office or
electronically on the library web page
All applications should be lodged before any duplication of
material that are copyrighted can commence
Duplication of work should be made in the following
manner, after permission has been obtained from DALRO
or owner of the copyright:
• At the Publication and Printing Services Division of
UP
• At officially contracted entities; and
In exceptional circumstances, on equipment of UP or
equipment under the control of UP
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Types of application
• Electronic Reserved Copies
– These are articles which are scanned and accessed
electronically by students
• Single-item handouts
– These are articles which are part of a reading pack
provided to students
• Course-Packs
– These are articles included in a course-pack
• Short-loan Reserved articles
– These are articles which may be part of lecture notes
which are placed on the library reserved shelf
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Digitization
• We live in an increasing digital world
• Libraries have recently launched projects designed to
digitize their collections and place them on the web
• Digitization is the process of creating a digital image and
then presenting it on a computer, LAN or the Internet
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Copyright and Digitization
• When digitizing documents, a library first needs to
determine whether the item is protected by copyright or is
in public domain
• If the material is protected by copyright, the library will
need to obtain permission from the copyright owner before
making the digitized copy available on the Network
• If the item is in the public domain, the library does not need
permission to digitize it and make it available
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For all your copyright inquiries and clearance, contact
• Lucas Nhlangulela (Copyright officer)
+27 12 420 6908
[email protected]
• Annah Molefe (Copyright officer)
[email protected]
+27 012 420 4191
• Bettie de Kock (System administrator)
[email protected]
+27 420 5957
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