Copyright and the library: what you need to know

Copyright and the Library: what you need to know

http://www.lshtm.ac.uk/library/guidance/copyright/index.HTML [email protected] 14/05/2015

Copyright and the Library 2

Presentation Summary

• Copyright basics• Exceptions in Copyright for Educational use• Explaining “Fair Dealing”• Copyright Licensing Agency (CLA) Licence• Other licences• Broadcast licence


Intellectual Property

• Copyright• Moral Rights• Patents• Trademarks• Design rights• Performance rights

http://creativecommons.org/licenses/by/2.0/ - Alan Cleaver https://www.flickr.com/photos/alancleaver/4105747756/sizes/m/in/photostream/

http://creativecommons.org/licenses/by/2.0/

https://www.flickr.com/photos/alancleaver/4105747756/sizes/m/in/photostream/

https://www.flickr.com/photos/alancleaver/4105747756/sizes/m/in/photostream/


Intellectual Property


What can be copyrighted?


Copyright Durations

• Text – 70 years after death of author• Sound – was 50 but now 70 years

from first performance• Film – 70 years after death of

director, screenplay author, composer, author of dialogue

• Broadcast – 50 years after initial broadcast

• Typographical – 25 years after publication

Image: Time Lost by Gothick Matt https://flic.kr/p/5ZWE2D (CC-BY-NC)

https://flic.kr/p/5ZWE2D

https://flic.kr/p/5ZWE2D


Copyright Duration


Exceptions for Education

• Examination/Assessment

• Research & Private Study (non commercial)

• Criticism & Review• Illustration for instruction

(NEW as of 2014)

Public Domain http://www.beloit.edu/~nurember/book/images/Miscellaneous/

http://www.beloit.edu/~nurember/book/images/Miscellaneous/


Examination & assessment

• Use of copyright material for exams

• As long as it’s ‘fair dealing’• The work must be attributed

Image: Monks’ examination day by Vera & Jean-Christophe https://flic.kr/p/4z9Je2 (CC BY-SA)

https://flic.kr/p/4z9Je2

https://flic.kr/p/4z9Je2


Research & Private Study (non commercial)

• You are allowed to copy limited extracts of works when the use is non-commercial research or private study.

• Only permitted when it is ‘fair dealing’ (not copying the whole work).

• Supported by a sufficient acknowledgment. Image: Photocopier display by net_efekt

https://flic.kr/p/88Jxvq (CC BY-NC 2.0)

https://www.flickr.com/photos/wheatfields/

https://flic.kr/p/88Jxvq


Criticism, review and reporting current events

• General allowance for purposes of criticism, review or quotation is allowed for any type of copyright work.

• If this is the case, a minimum amount of material must be used (usually a short quote) – fair dealing

• Sufficient acknowledgment will be required.

• A photograph cannot be reproduced for the purpose of reporting current events.


Criticism and review: an example

Heti, S., 2014. But I invested in you! Review of The Love Affairs of Nathaniel P. by Waldman, A. London Review of Books [Online] vol. 36 no. 14 pp. 26-27. Available from http://www.lrb.co.uk/v36/n14/sheila-heti/but-i-invested-in-you[Accessed 18 May 2015].


2014 changes to legislation

• Previously…..Copyright, Designs and Patents Act 1988 (CPDA) (Sections 32-36A) contained exemptions for education, but some restricted to activities "at an educational establishment“

• Distance learners – who may be sitting at home, in the office or even on trains or planes – couldn’t benefit.

http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/III/crossheading/education

The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014http://www.legislation.gov.uk/uksi/2014/1372/made

New &

Improved!

http://www.legislation.gov.uk/uksi/2014/1372/made




Illustration for Instruction

• Now forms part of “criticism and review”

• The use of copyrighted material is defensible if it is for the purposes of “illustration for instruction".

• All copies must be to illustrate a teaching point (and not simply to aesthetically enhance teaching)

• Must be accompanied with an acknowledgement

Image credit: Teaching my first weekend MBA class at Haas (back in 2005) by Jose Camões Silva https://flic.kr/p/29MyUr

https://flic.kr/p/29MyUr




Illustration for Instruction 2

• Includes setting examination questions, communicating the questions to pupils and answering questions.

• Copying is not limited to types of copyright works (so you can copy ALL types of copyrighted material)

• Now allows copying of films, music or broadcasts for use in a teaching session.


Illustration in Instruction 3

• Not restricted to educational establishments - includes any teaching / provision of instruction

• No licence or contract can prevent you from using this exception.

• Copies may not be used outside of a teaching session context or VLE such as Moodle.


No more requests such as this….


…So you can now do this…


Tables/Diagrams

• Copyright protected• Credit at all times• STM publishers – use 2

from one article or 5 from a volume http://www.stm-assoc.org/2008_02_01_Guidelines_for_Quotation_From_Journal_Articles.pdf

• Criticism and review • ‘Inspired’ and create new

table/diagram http://commons.wikimedia.org/wiki/File:Diagram_of_the_human_heart_hu.svg


Fair Dealing

Image: Careful Now by Abulic Monkey https://flic.kr/p/cYpSx


What is fair dealing?

• You are allowed to make a copy of limited extracts of Copyrighted works

• when the use is non-commercial research or private study

• Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing.

• Asses whether your use of the work is has any financial impact on the copyright owner because of your use.

• Where the impact is not significant, the use may be acceptable i.e. “fair”


Fair Dealing

As a rule of thumb do not copy more than the following…

Image: Thumbs up by Paul https://flic.kr/p/9FK7xh


Fair Dealing

• One article in a single issue of a journal or set of conference proceedings, or a single law report

• An extract from a book amounting to 5% of the whole or a complete chapter, whichever is greater

Images: 5 percent by Duncan C (CC-BY-NC) and My senior thesis: "The Internet is..." (from 1996) by Eszter Hargittai (CC BY-NC-SA) Thumbs up by Paul https://flic.kr/p/9FK7xh


Fair Dealing

• A whole poem or short story from a collection, provided the item is not more than 10 pages

Mosquito

I was climbing up the sliding boardWhen suddenly I felt

A mosquito bite my bottomAnd it raised a big red welt.So I said to that mosquito,

“I’m sure you wouldn’t mindIf I took a pair of tweezers

And I tweezered your behind!

He shriveled up his bodyAnd he shuffled to his feet,

And he said, “I'm awfully sorry

But a skeeter's got to eat!

J. Patrick Lewis, "Mosquito" from Two-Legged, Four-Legged, No-Legged Rhymes, published by Alfred A. Knopf


Fair Dealing

• Up to 10% (maximum of 20 pages) per short book (without chapters)

• Report• pamphlet • Standard Specification


Licences


CLA Higher Education Licence


Allows us to…

• Photocopy books, journals and magazines published in the UK and 33 other countries giving us access to a wide choice of published information.

• Make digital copies by scanning for distribution to students from titles published in the UK and 17 other countries.

• Make copies of content from a wide range of digital material such as online magazines, eBooks and certain website materials.


As well as to…

• Use copies with digital whiteboards, VLEs and Microsoft PowerPoint programs.

• Copy photographs, illustrations, charts or diagrams where they are included in an article or a book extract.

2 kids at a 2Touch IWB in Melbourne 2 by Pablo Garcia (CC-BY) https://flic.kr/p/9nE8u2


Example: Diagrams


Fair dealing (again)

• Only reproduce extracts of up to one chapter OR article

• or 5% of the whole (whichever is the greater);

• where proportions can’t be identified (e.g. websites), estimate an extract of a fair and reasonable length.

Images: 5 percent by Duncan C (CC-BY-NC) and My senior thesis: "The Internet is..." (from 1996) by Eszter Hargittai (CC BY-NC-SA)


Making digital copies

• You may only make articles from online journals and e-book chapters available to students by adding web links to Moodle.

• Example:– Mold, A; (2012) Patients´ Rights and the

National Health Service in Britain, 1960s-1980s. American journal of public health, 102 (11). pp. 2030-8. ISSN 0090-0036 DOI: 10.2105/AJPH.2012.300728

• If Senate House Library does not hold a copy of this type of material then the Library’s Digitisation Service should obtain or scan a copy instead

Image: Senate House by Secret Pilgrim https://flic.kr/p/7gy55Y (CC BY-SA 2.0)

http://researchonline.lshtm.ac.uk/view/creators/102686.html

http://researchonline.lshtm.ac.uk/view/creators/102686.html

http://dx.doi.org/10.2105/AJPH.2012.300728


Making digital copies

• Teachers cannot scan or upload PDFs to MOODLE

• Even if the author gives us a copy• Even if the paper is “Open Access”• The paper’s copyright still exists –

unless licensed for re-use (Creative Commons for example)

Image: Scanned cat by Clara P. N. Araujo https://flic.kr/p/d3j9Tu (CC BY-NC-SA 2.0)


Why?

• The CLA needs to collect certain data from holders of the Licence (us!) regarding Digital Copies

• This informs the fair distribution of Licence fees to publisher rights holders

• It allows them to monitor scanning and usage trends under the Licence


Copyright notice cover sheet


CLA digitisation return form


What can you include on Moodle?


Newspaper material

• Basic Licence with the Newspaper Licensing Agency that allows copying from:

• all national newspapers• up to 5 regional or international

newspapers for students

Image: Newspapers by Laffy4k (CC BY) https://flic.kr/p/qGyUm


Newspaper material

• Emailing of articles to students.• Newspaper copies can also be stored

on Moodle • Unlike the CLA HE Licence (which

permits the use of copies for the duration of the course) the NLA Licence restricts this to a maximum of 28 days.

Image: 28 Days Later Movie T-Shirt by Enda Nasution (CC BY-NC 2.0)

https://www.flickr.com/photos/enda/




Broadcast material

• Educational Recording Agency (ERA) (ERA+) licence allows you to make recorded broadcasts available on the VLE (Moodle).

• This includes use of certain on-demand services such as BBC iPlayer, 4OD, 5OD etc.

• Institution can not only copy but also retain broadcast material - build up libraries with valuable resources to be used when teaching.

• Students outside of the UK cannot view them because of territorial broadcast rights (similar to BBC iPlayer). DISTANCE LEARNERS IN PARTICULAR ARE AFFECTED

Image: RKO by Insomnia Cured Here https://flic.kr/p/kYpfxi CC BY-SA

https://flic.kr/p/kYpfxi

https://flic.kr/p/kYpfxi


Showing films - education

• As it is being viewed on School premises it is likely this will be considered a 'public performance' of the copyright work (even if the audience is only 1 student).

• S.34 of CPDA allows performing or showing copyright works before an educational audience (being viewed as part of course of learning)


Showing films - entertainment

• As Where the purpose of the viewing of a DVD is entertainment, not for educational purposes or in a private domestic setting (the library and the college generally would be considered a public place)

• A licence, such as those offered by Filmbank, likely to be required.

Cinema by MorBCN https://flic.kr/p/qBxd2 (CC BY-NC-SA)

https://flic.kr/p/qBxd2

https://flic.kr/p/qBxd2


Question• Can I upload a film from a DVD to

Moodle?

Answer• No. You are not the rights holder.

Video/Broadcast questions


Question• Can I take a clip from a DVD for use

on Moodle for students?

Answer• Yes. If it’s to illustrate a teaching

point and it’s “fair dealing” as well as acknowledged.

• Also has to be restricted to your students only – which makes it fair.



Question• Can I use YouTube clips in my

teaching?

Answer• Yes. The Court of Justice of the

European Union handed down a landmark verdict in October 2014. The Court ruled http://bit.ly/1Ldn70j that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission.

• Does not mean download & convert them to another format, which is not automatically permitted by YouTube


http://bit.ly/1Ldn70j

http://bit.ly/1Ldn70j


Question• Can I use use a video streaming

service like BBC i-player to show programmes in the School?

Answer• Yes. S.34 of CPDA http://

www.legislation.gov.uk/ukpga/1988/48/section/34 allows performing or showing copyright works before an educational audience (being viewed as part of course of learning)


http://www.legislation.gov.uk/ukpga/1988/48/section/34




Exceptions for disabilities

• Under s.31B of the CDPA we can make and supply accessible copies of works for the use of disabled persons, without infringing copyright.

• The institution must have lawful possession or lawful use of the work and must continue to have such use as long as the accessible copies are held

Image: Pocket magnifier by cobalt123 (CC-BY-NC-SA)

https://flic.kr/p/6vPeoQ


Exceptions for disabilities (2)

• This exception does not apply if there is a commercially available (at reasonable cost) accessible copy, the exception does not apply and this must be used instead (e.g. large print book)

• Cannot make a profit out of helping you make an accessible copy, but we can charge a fee covering costs.


Making multiple copiesFor multiple copies to be made for other disabled users:

• A statement that the work is made under s.31B of the Copyright, Designs and Patent Act 1998 (CDPA) and sufficient acknowledgement of the author must be attached to the accessible copy.

• Record what copies have been made and for whom

• The records to be available for inspection and must, within a reasonable time, be notified to the copyright owner or any body (such as the CLA) which represents the copyright owner.


Crown Copyright

• Crown copyright work which has been published will have copyright protection for 50 years from the end of the year in which the work was published.

• Administered by National Archives:

• When you use this information under the Open Government Licence, you should include the following attribution:

• [Insert name of information resource, information provider and/or rights owner, date of publication], licensed under the Open Government Licence [insert link].


Creative Commons

• Still copyright!• 4 main licenses• States what you can do

with it• CC-BY-NC-ND• No translations, no

posting on blogs (adverts), no text mining

• Reuse non commerciallyPoster by David Ashby http://techtoolsforschools.blogspot.co.uk/2014/01/creative-commons-posters-part-i.html (CC-BY-SA)

http://techtoolsforschools.blogspot.co.uk/2014/01/creative-commons-posters-part-i.html

http://techtoolsforschools.blogspot.co.uk/2014/01/creative-commons-posters-part-i.html

Introducing Licences for Researchers: From Creative Commons to Research

DataTuesday 26 May 2015

12:30 pm - 2:00 pm Venue: Manson Lecture Theatre

Seminar – open to all staff & students


School Copyright

• Any copyright created by School staff in the ‘course of their employment’ with the School belongs automatically to the School under the employer exception.

• This is reflected in the School’s standard academic staff employment contract which at clause 28 expressly states that:

“The intellectual property right in work produced by School staff rests with the School”.

Such IPRs would include copyright.


School copyright

• Copyright generated in the ‘course of employment’ commonly includes:

• (a) all written work such as articles, power point slides, databases; • (b) lecture notes and other taught course content, emails etc; • (c) all images, diagrams, technical drawings, photographs etc.; and• (d) software.

• This is true in all forms in which the copyright is expressed, whether physical, electronic, digital, magnetic etc. It is for the employee to demonstrate the existence of special arrangements that exempts them from this basic rule.


Copyright is law and infringement of it does have consequences…

Improving health worldwide

www.lshtm.ac.uk

Advice



More questions!

• We are a new School group and want to put on our website summaries of systematic reviews, are we allowed to do this?

• Yes, as long as the summaries are not simply copied extracts you will have created a ‘new’ work and a new copyright will be in the summaries


• We recently had a very popular series of talks given by internal and external speakers, these were filmed and we noticed that a lot of the presentations had images in them, can we upload these to the website and vimeo/youtube?

• Yes but make sure the images are supporting a teaching point rather than for aesthetic reasons. Also make sure it’s attributed fully and is ‘fair dealing’.


• We are running a short course and will be uploading talks given by LSHTM lecturers and external lecturers to Moodle, is there anything we need to think about?

• Yes, you will need to get permission from internal and external speakers to put in Moodle, you can use these permission forms available here

http://www.lshtm.ac.uk/its/staffservices/av/lecturecapture/index.html




• We have slides from a key module from last year created by a lecturer from LSHTM who left last year and we don’t know how to contact her, can we use them?

• Yes, they were created as part of their employment so the copyright belongs to LSHTM


• While working in Kampala a teaching colleague of ours took some photographs at a maternal clinic, everyone there agreed to have their photo taken but we don’t have any written permissions can we use them?

• The teacher will have copyright in the photographs, so you will need to seek a license to use them

• Ideally signed permission from those in the photographs but here there is implied consent


• We are trying to create an interactive activity for our students to help them develop their abstract writing skills, we will give them published articles and hide the abstract and get them to write their own do we have to clear copyright for each article?

• If the Library owns a copy of the article you are allowed to make modifications under our CLA HE licence


• We want to place copies of previous students’ essays on Moodle to provide students with examples of good and bad answers, since their work was part of their study here at LSHTM we can do this?

• No, you will need to seek permission from the students since they own all copyright in the work they produce


• As part of our instruction in The Economics of Global Health Policy short course we have found a number of videos on YouTube that we would like to embed within Moodle, are we allowed?

• Linking to the material is best but you can now (since October 2014) embed the frame into Moodle.

http://www.lshtm.ac.uk/study/distancelearning/modules/dlmodules/ghm_101_2013.pdf


• I took a photograph of a model of a brain at the Science Museum’s Mind Maps: Stories from Psychology exhibition therefore it is my copyright and I will be using the photo in an article I am having published, is there any other issues I need to think about?

• Yes, there will be copyright in the model of the brain and copyright in the display in the museum, you will need to seek clearance. You will own copyright in your photograph but it is an infringement


• I want to use an image I found on the internet but I can’t find out who the copyright holder is, can I just use it?

• No, either look for another image or if you definitely need to use it you will need to prove ‘due diligence’ in seeking clearance and keep a record of this


• Can I take a screen-shot from a website and use in my article?

• You should contact the website owner for permission


• We found an image on Flickr and the creator gave us permission to use the image on some promotional material, we now want to use this image on the departmental page do we need to contact the creator again?

• Yes, you will need to seek clearance for each different way you use the image, ideally plan before and seek clearance/license for all possible uses


Useful sites

• Exceptions to copyright: Libraries, archives and museums

• Questions and Answers - Copyright Changes 2014 (JISC Legal)

• Creative Commons Search: Find content you can share, use and remix

• CLA Higher Education FAQs http://he.cla.co.uk/get-in-touch/id-like-to-know/

• Copyright for Education blog http://copyright4education.blogspot.co.uk/

• Film Bank: http://www.filmbank.co.uk/licences/single_title_screening.asp

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/375956/Libraries_Archives_and_Museums.pdf



http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3596/Questions-and-Answers--Copyright-Changes-2014.aspx#_Toc391026520

http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3596/Questions-and-Answers--Copyright-Changes-2014.aspx#_Toc391026520

http://search.creativecommons.org/



http://he.cla.co.uk/get-in-touch/id-like-to-know/

http://he.cla.co.uk/get-in-touch/id-like-to-know/

http://copyright4education.blogspot.co.uk/

http://copyright4education.blogspot.co.uk/

http://www.filmbank.co.uk/licences/single_title_screening.asp

http://www.filmbank.co.uk/licences/single_title_screening.asp

http://www.lshtm.ac.uk/library/guidance/copyright/

If we don’t know the answer we will find out for you…

Image: Any Questions? By Matthias Ripp https://flic.kr/p/pqiJNt

Any questions?

https://www.flickr.com/photos/56218409@N03/

https://www.flickr.com/photos/56218409@N03/


Contact020 7958 8193

[email protected]

No Known Copyright Restrictionshttp://www.awm.gov.au/about/copyright/index.asp

http://www.awm.gov.au/about/copyright/index.asp