Transcript Document

June Weir
FOI/Copyright/Records Manager
February 2014
Copyright
• Copyright protects the rights of creators
• Literary, dramatic, musical, artistic works,
sound recordings, films or broadcasts
• Typographical arrangements of published
editions
• It is automatic, no need to:
– Register the work
– Display © symbol
Copyright
• Copyright owner
– Creator of original material recorded in a
permanent format
• Seems straight forward…….
– Oscars awards (2014) – who owns DeGeneres’
selfie?
– http://ipkitten.blogspot.co.uk/2014/03/copyrightrelated-question-right-from.html
Copyright
• Acts restricted by copyright
– The owner exclusive right;
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Copy the work
Issue copies to the public
Perform, show or play the work in public
Broadcast the work
Make an adaptation of the work
– Infringement to carry out restricted act:
• Whole or any substantial part of work
• without licence/permission
Copyright
What is substantial?
 Undefined
 No magic formula
 Consider quality as well as quantity
Case Law
Four lines from a 32 line poem? In Kipling v Genatosan
[1917-23] MacG Cop Cas 203, the court held that
reproduction of 4 lines from Kipling’s 32 line poem “If”
amounted to copyright infringement.
Permitted Acts
• Provisions that allow a certain amount of copying
• Thesis - what are they?
– Copying and use of extracts of works (educational
establishments)
– Criticism, review, quotation and parody
– Non-commercial research and private study
– Illustration for instruction
• All subject to Fair Dealing
• All require sufficient acknowledgement (title,
description, author)
What does Fair Dealing mean?
• Not defined in the legislation
– “Dealing” a form of general behaviour
– “Fair” can only be decided in a court of law
• Subject to challenge
• Generally accepted to mean general
permission to copy as long as:
– The act of copying will not harm or prejudice the
legitimate interests of the rights holder.
Fair Dealing – what to consider?
• How would a fair minded and honest person have
dealt with the work?
• How would you feel if it was your work being
copied?
• Will using the work affect the market of the
original work?
• Does the use of the work act as a substitute
causing the owner to lose revenue?
• Is the amount being used reasonable and
appropriate?
Thesis
• Original Thesis
– unpublished work
– Purposes of examination
• Section 32: Illustration for Instruction
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Covers examination use
Reproduction of third party material
Fair Dealing/non-commercial purpose
Accompanied by acknowledgement
Copyright - Thesis
• What constitutes a published thesis?
– Whole or part of thesis is made available to the public
– Print, electronic or in a repository
• What does this mean?
– Section 32 exception no longer applies
– Permission for use of third party material
– Or submit an edited version for placing in the
repository
– Or???
Copyright – Thesis
• Does another statutory exception apply?
– Private study
– Research for a non-commercial purpose
• Criticism, review, quotation and news reporting (S30)
– All types of work
– Fair Dealing
– Reasonable and proportionate
• E.g. amount quoted is no more than is required
– Accompanied by sufficient acknowledgement
– Work already made available to the public
Not a right to use but a legal defence should use be challenged
Copyright – Thesis
• UK Case relevant to fair dealing provisions
– Sillitoe v McGraw-Hill Book Co [1983] FSR 545:
Defendant copied and imported adaptation of play from
claimant’s O level study notes for use in exam preparation.
Claimed defence of fair dealing for criticism and review
purposes.
– No defence of fair dealing
– Court found: (i) no criticism and review involved; (ii)
insufficient acknowledgement;
Underlying rationale
• use will harm the rights or prejudice the rights
holder;
Copyright – Thesis
Consider:
• Is third party material being used?
• How old is it?
– Duration – copyright lasts for fixed periods of time
• Literary, dramatic, musical, films – 70 years
• Sound Recordings – 50 years
• Published Editions – 25 years
Copyright – Thesis
• Consider:
– Does a statutory permission apply?
– Is permission for use of third party material
needed
• Template letter
• University Website: http://www.standrews.ac.uk/students/rules/copyright/
Copyright - Thesis
Golden Rules
• Plan Ahead
• Develop good habits
• Give plenty of time to consider all options
• Does Fair Dealing apply
• Seek permission as you go along – in writing
• Keep records safe
Copyright - Thesis
Where permission is not granted
• No response = No permission
• Decide how mange this
• Embargo electronic deposit
• Prepare an edited version for placing in
Repository
Useful Links
 Information available on University’s website at:
 http://www.st-andrews.ac.uk/students/rules/Copyright/
 Guidance Note - Overview of copyright
 What material it covers
 Duration
 Use of Third Party Material
 Contact numbers
 Template permission letter
 Copyright User online resource - http://copyrightuser.org/
 Intellectual Property Office - https://www.gov.uk/intellectualproperty/copyright
Useful Links
Creative Commons - http://creativecommons.org
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Copyright licences designed online environment
Standardised
Specific terms and conditions
Copyright owner retains ownership but grants permission under
conditions to license to anyone, anywhere to use
• Useful CC FAQ - https://wiki.creativecommons.org/FAQ
 Information sourced from internet:
• Check terms and conditions carefully
Any questions