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; • • • • • 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 Thesis • Original Thesis – unpublished work – Purposes of examination • Section 32: Illustration for Instruction – – – – Covers examination use Reproduction of third party material Fair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 • • • • 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