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COPYRIGHT WORKSHOP
• Introduction• Copyright Works• Poll• Group discussion• Discussion of scenarios• Poll
COPYRIGHT WORKSHOP
Copyright Guidance in UWS
Copyright Policy
Copyright advisory and support service– [email protected], Copyright Moodle Site
Guidance with Licences
Permissions seeking guidance
Not legal advice
COPYRIGHT WORKSHOP
Works covered by Copyright
Copyright is a property right which subsists … in the following descriptions of work—
(a) original literary, dramatic, musical or artistic works, (b) sound recordings, films or broadcasts, and (c) the typographical arrangement of published editions.
(Copyright, Designs and Patents Act 1988)
Also covers:
(a)performances given, and(b)databases.
(The Copyright and Rights Regulations in Performances (Research, Education, Libraries and Archives), 2014)
COPYRIGHT WORKSHOP
Works covered by Copyright
Literary
Protects: the creative ‘ordering of words’
Examples: books, journals, poems, lyrics, letters, diaries, legal documents, oral histories, emails, blogs, software, databases.
Duration: Published – usually 70 years following death of author; Unpublished – 70 years after the death of the author.
COPYRIGHT WORKSHOP
Works covered by Copyright
Artistic
Protects: creative ‘visual’ works
Examples: paintings, drawings, sketches, sculptures, photographs, maps, logos, charts, graphs.
Duration: Published – usually 70 years following death of creator; Unpublished – 70 years after the death of the creator.
COPYRIGHT WORKSHOP
Works covered by Copyright
Musical
Protects: the creative ordering of musical notes.
Examples: songs, symphonies, jingles, film music, arrangements of folk songs.
Duration: Published – usually 70 years following death of creator; Unpublished – either 70 years after the death of the creator or if orphan works, 31 Dec 2039.
COPYRIGHT WORKSHOP
Works covered by Copyright
Dramatic
Protects: dialogue and stage directions in a performed work.
Examples: plays, film scripts, ballets, revues.
Duration: Published – usually 70 years following death of creator; Unpublished – either 70 years after the death of the creator or if orphan works, 31 Dec 2039.
Q1. What type of copyright works do you use the most for your teaching?
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1. Images2. Journal articles/book
chapters3. Videos4. Online documents (e.g.
reports, etc.)5. Other
Q2. In what context do you mostly use these copyright works?
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20% 20% 20%20%20%1. Presentations (e.g.
PowerPoint, Xerte, Prezi)
2. Reading lists / course-packs
3. Video lecture4. Examination /
assessment5. Other
Q3. When you use the copyright work in this context, how sure are you that you are using it in a copyright compliant way?
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25% 25%25%25%
1. Very sure2. Fairly sure3. A little unsure4. Not sure at all
COPYRIGHT WORKSHOP
3 Scenarios
Discuss with others in your group the 3 scenarios in the handouts.
You can use the ‘I want to use…’ activity on the Copyright Moodle site to answer the questions.
COPYRIGHT WORKSHOP
Discussion of Scenarios
Don’t need permission
Need institutional licence
Need permission
COPYRIGHT WORKSHOP
Don’t Need Permission - Linking
• The best way to make available works on the internet is to upload links to the works
• No restrictions to linking to content.
• Upload URL to Moodle.
• Linking to questionable sources.
COPYRIGHT WORKSHOP
Scenario 1
A lecturer wants their students to read a special report on the Chelsea Flower Show available on the Financial Times website. The terms and conditions of FT.com state that content is for personal use only and sharing of content can only be done using the article tools on FT.com. How would the lecturer make the report available to their students on their Moodle site?
COPYRIGHT WORKSHOP
Don’t Need Permission – Exceptions
Exceptions to copyright that allow limited use of copyright works without the permission of the copyright owner.
Most relevant:
• Research, private study and text and data analysis for non-commercial research
• Criticism, review, quotation and news reporting
• Illustration for instruction (short extracts)
• Copying and use of extracts of works by educational establishments
COPYRIGHT WORKSHOP
Don’t Need Permission – Exceptions
Important considerations when using copyright work under the Exceptions:
• Fair dealing
• Sufficient acknowledgement
• Non-commercial
COPYRIGHT WORKSHOP
Don’t Need Permission – Exceptions
Fair dealing:
Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair, include:
• Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
• Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken?
Usually only part of a work may be used. The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.
COPYRIGHT WORKSHOP
Don’t Need Permission – Exceptions
Sufficient acknowledgement:
This generally means that you will need to identify the author, artist or creator of the work, and the title or some other identifying description of the work that has been copied.
Example:Matthew, A.P. (2000) Kala Patti [Digital Print 36" x 80", Online] Available: http://www.asianart.com/exhibitions/diaspora/matthew.html [Accessed: 1 September 2010].
COPYRIGHT WORKSHOP
Scenario 3
A lecturer wants to use an extract from ATKearney's 2014 Global Retail Development Index in an exam where students will be asked to discuss the information presented in the extract. The terms of use of the ATKearney website states that one copy of the website's content can be made for personal use.
Will the lecturer need permission to use the extract?
COPYRIGHT WORKSHOP
Don’t Need Permission – Public domain
This is where the works being used are in the public domain or have been licensed by the copyright owner for use.
Examples:
• Creative Commons licence.
• Public domain – works out of copyright, Open Government Licence, etc.
• Terms and conditions of use that allow reuse and/or redistribution.
COPYRIGHT WORKSHOP
Don’t Need Permission – Creative Commons
Used by copyright owners to license use of their work.
Types:
• Attribution – CC BY
• Attribution Share-Alike – CC BY-SA
• Attribution No-Derivs – CC BY-ND
• Attribution Non-Commercial – CC BY-NC
• Attribution Non-Commercial ShareAlike – CC BY-NC-SA
• Attribution Non-Commerical No-Derivs – CC BY-NC-ND
COPYRIGHT WORKSHOP
Don’t Need Permission – Open Government Licence
Used by information providers in the public sector to license the use and re-use of their information.
• Can be for both commercial and non-commercial use.
• Can be used in any media type (e.g. print or internet).
• Cannot be to suggest endorsement
• Must include sufficient acknowledgement.
COPYRIGHT WORKSHOP
Scenario 5
A lecturer wants to use an extract from the report detailed below in a PowerPoint presentation to be used in a lecture. After the lecture, the lecturer will email the PowerPoint file to the students.
Lord Young (2013) Growing your business: a report on growing micro businesses. [Online] Available: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/198165/growing-your-business-lord-young.pdf [Accessed 18 May 2015]. The report is covered by Open Government Licence. Would the lecturer need permission to use the extract and if yes, from whom?
COPYRIGHT WORKSHOP
Need institutional licence
This applies to copyright works that have been included in institutional Licences provided by copyright owners themselves or collecting organisations.
Licences held by UWS:
• Copyright Licensing Agency (CLA) Higher Education Licence
• Educational Recording Agency (ERA) Licence
• NLA Media Access Licence
COPYRIGHT WORKSHOP
Need Licence – CLA HE Licence
• Allows copying of extracts from books, journals, conference proceedings, judicial proceedings, anthologies and websites for inclusion in course packs (whether print or digital).
• Extracts – 5% or complete chapter/article, whichever is the greater, per module per academic year.
• Large repertoire of titles included in the Licence, but some publishers have opted out of the Licence.
• Requires copyright notice.
• Requires institutional record keeping and annual reporting.
COPYRIGHT WORKSHOP
CLA Licence Requests Procedures
Email [email protected] with the details below:
• Module Code & Title
• Details of copy to be made
The library will provide the best form of copy or access that is in line the terms of the CLA Licence. This might be a direct link to the item.
COPYRIGHT WORKSHOP
Scenario 8
A lecturer wants their students to read a chapter from the book detailed below as preparatory reading for a class. Boddy, D. (2008) Management: an introduction. 4th ed. Harlow: Financial Times Prentice Hall.
The library holds both print and electronic copies of the book. After the class, the lecturer realises that they would like the students to read another chapter from the same book. Can they make available copies of both chapters on the Moodle site for the module?
COPYRIGHT WORKSHOP
Need Licence – ERA Licence
• Clickview
• Allows copying of broadcasts from certain providers for educational purposes.
• For authorised users on premises or on secure networks only.
• Does not allow printing still capture pictures from broadcasts.
• Sufficient acknowledgement – name of source, date of recording and title of programme or clip.
• Contact: CAPLeD
COPYRIGHT WORKSHOP
Scenario 9
A lecturer his students to watch episode 1 of ‘Andrew Marr’s The Making of Modern Britain’, a 2009 BBC documentary, in preparation for a seminar. The lecturer has a recording of the episode, which he created at his home. Can he make this recording available to his students on his module site on Moodle?
COPYRIGHT WORKSHOP
Need Licence – NLA Media Access Licence
• Newsbank
• Allows copying of certain newspapers for educational purposes.
• Covers both print and digital newspapers.
• For internal use only.
• For photocopying, limited to 250 print copies of a single item.
• Requires inclusion of notice – “NLA Licensed copy. No further copies may be made except under licence.”
• Requires institutional record keeping – so through Print Services for print copies or let library know for digital copies.
COPYRIGHT WORKSHOP
Need Licence - Maps
Digimap – gives access and right to use (annotate, copy, distribute) to Ordnance Survey maps and data.
Ordnance Survey licensing terms and conditions associated with Digimap.
http://digimap.edina.ac.uk
Support for using maps – contact Sam Rice [email protected]
COPYRIGHT WORKSHOP
Scenario 10
A lecturer would like to use a screenshot of Google Maps in a PowerPoint presentation to make one of the slides look more interesting. The PowerPoint presentation will be used in class and later uploaded to a Moodle site that is open to public access. Can he make use of this screenshot?
COPYRIGHT WORKSHOP
Need permission – Commercial / publication
This is where permission from the copyright owner must be sought before the copyright works can be used.
Commercial – where financial remuneration will be received.
Includes – commercial publications, conference appearance, consultancy work, etc.
COPYRIGHT WORKSHOP
Scenario 13
An academic would like to use an image of one of Banksy’s works in an article that they wish to submit for publication in a journal published by Wiley. Would they need permission to use this image?
COPYRIGHT WORKSHOP
Need permission – External audience
This where the work that will include copyright works is made available to the public.
High risk - UWS institutional approach is to not expose the university to risk.
Examples of cases - Uckfield and SSER, Scottish university and Elsevier, University and Myers-Brigg Foundation.
COPYRIGHT WORKSHOP
Scenario 15
A department within the university would like to get video recordings of some students to promote the course that they are enrolled in to prospective students. If these videos are good, the department would consider using the videos for as long as the course is offered. What permissions are required here?
Q4. If you’re unsure about the copyright implications of using a copyright work, who in UWS should you ask for advice?
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1. Print Services2. Library3. Dean of School4. Information Technology
& Digital Services5. CAPLeD
