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Copyright and VLEs: how to use other people’s ‘stuff’: 

Copyright and VLEs: how to use other people’s ‘stuff’

Graham P Cornish©opyright Circle: 

Graham P Cornish ©opyright Circle

Copyright law: 

Copyright law Basic Act dates from 1988 Expanded by Statutory Instrument Amended substantially by Statutory Instrument to incorporate EU Directives Contains much undefined language Case law often throws a different light on our understanding

What Is Covered by Copyright: 

What Is Covered by Copyright Literary works: Books, poems, periodicals, reports, words of a song, manuscripts, electronic text directories, computer programs

What is covered by copyright: 

What is covered by copyright Dramatic works: Instructions for plays Choreography Mime or dance

What is covered by copyright: 

What is covered by copyright Musical works: Music scores of all kinds (notation, not words)

What is covered by copyright: 

What is covered by copyright Artistic works Paintings drawings engravings maps, charts, plans photographs sculptures works of architecture works of artistic craftsmanship logos for advertising

What is covered by copyright: 

What is covered by copyright Sound recordings Films, including videos Broadcasts: Radio, TV, cable, satellite Typography Websites Email messages

Definition of a broadcast: 

Definition of a broadcast 'electronic transmission of visual images, sounds or other information which- Is transmitted for simultaneous reception by members of the public Is transmitted for presentation to the public Is transmitted at a time determined solely by the person making the transmission to members of the public'

Excluded from a broadcast: 

Excluded from a broadcast Any Internet transmission unless it is Transmission simultaneously by Internet and other means Concurrent transmission of a live event Programmes transmitted at fixed times determined by the person making the transmission

Multiple rights: 

Multiple rights A logo can be both an Artistic work (copyright) AND Indication of origin (Trademark) A photograph can have copyright in the photo AND copyright in the thing photographed (e.g. a statue)

Some copyright myths: 

Some copyright myths If it is on the Web it is not copyright If a work does not bear the symbol © then it is not copyright It is OK to copy anything provided you say where it came from Nobody cares about copyright anyway

What materials should be considered?: 

What materials should be considered? Two distinct areas of difficulty: Use of pre-existing materials either in paper or electronic form Input by students which may be retained for further use

Qualifying for copyright: 

Qualifying for copyright Works must be Original Fixed

Authors and their Rights: 

Authors and their Rights Authors enjoy 'moral rights' which are weak under UK law but significantly strengthened under laws protecting electronic materials

Moral Rights: 

Moral Rights Right to prevent other people changing, adding to, or removing anything from a work Prevent anyone else claiming to be the author Not to have works falsely attributed

Moral Rights: 

Moral Rights Right to be named as the author applies to Authors of monographs Producers and directors of films Authors of artistic works when displayed in public Must be asserted in writing

Derogatory Treatment: 

Derogatory Treatment Works must not be treated in a derogatory way by defacing them, using them in a derogatory context or similar treatment which might bring the author into disrepute

Moral Rights: 

Moral Rights Do not apply to works created as part of employment

Ownership of Copyright: 

Ownership of Copyright The author is usually the first owner Commissioned works: copyright owned by the author Except paintings, engravings and photographs created before August 1989 Works created as part of employment: copyright owned by employer Contracts may stipulate different arrangements

Ownership of copyright: 

Ownership of copyright Unless students sign an agreement in WRITING when they enrol at the University they continue to own the rights in what they create

Use of student material: 

Use of student material Although the student is the owner of the copyright, by participating in a VLE exercise there is probably an implied licence to use any material contributed within that session. Long-term retention for teaching use would require the student’s written permission

Copyright ownership: 

Copyright ownership 'the copyright in course materials produced by you in the course of your employment for the purposes of the curriculum of a course run by the University and produced, used or disseminated by the University, shall belong to the University'.

Ownership - tutors: 

Ownership - tutors Copyright in material contributed to a VLE exercise by tutors as part of their teaching commitment will probably belong to the university concerned.

Owner’s Rights: 

Owner’s Rights Copy the work Issue copies of the work Perform, play, show, the work Lend or rent the work Translate or adapt the work Communicate the work to the public by electronic means


Definitions Communication to the public by electronic transmission and includes: Broadcasting the work Making the work available by electronic transmission so that members of the public may access it from a place and at a time individually chosen by them.

Rights in Performance: 

Rights in Performance Performers have the right to prevent making a recording of the performance without permission other than for private or domestic use broadcasting or including the performance on a cable television programme showing or playing a performance in public

Performers’ Rights: 

Performers’ Rights Reproduction of the performance Issue of copies of the performance to the public Broadcasting or transmitting of the performance Recording of the performance Lending or rental of an object carrying a recording of the performance Including the performance in an on-demand service service

Making available right: 

Making available right Right to prevent anyone making available to the public a recording of a performance by electronic transmission so that members of the public may access the recording from a place and at a time chosen by them.

Limitations to rights: 

Limitations to rights Three basic limitations are placed on owners’ rights: Quantity Time Purpose


Quantity Copyright protects all or a substantial part of a work. Therefore using less than a substantial part of a work does not infringe the owner’s rights What is a substantial part?

Duration of copyright: 

Duration of copyright Normally 70 years from the end of the year in which the author dies Separate rules for many different classes of material such as Anonymous works Films Sound recordings Computer generated works Crown material Older unpublished material Broadcasts Typography


Purpose Various uses are allowed without the owner’s permission Fair dealing Library copying Educational copying Public administration Temporary copies Use by visually impaired persons

Fair dealing: 

Fair dealing Fair dealing is allowed for: Research other than commercial research Private study other than for a commercial purpose Criticism or review Reporting current events

Research - restrictions: 

Research - restrictions Non-commercial purpose Sufficient acknowledgment of the source unless impossible for reasons of practicality or otherwise

Criticism and review: 

Criticism and review Essays or programmes criticising a work such as a book, film or work of art Similar use for reviewing works

Criticism or review - restrictions: 

Criticism or review - restrictions Work must be acknowledged Work must have been made available to the public

Reporting current events: 

Reporting current events Can cover news reporting (newspapers, TV) Current awareness bulletins Internal news sheets

Off-air recording for domestic use: 

Off-air recording for domestic use Recording of any broadcast is allowed for personal or domestic use ('time-shifting'). Such recordings much not be used for any other purpose

Electronic fair dealing: 

Electronic fair dealing Nothing in the law specifically forbids exercising this right in the electronic context. Whatever is done must be fair

Educational Copying: 

Educational Copying

Educational copying: 

Educational copying Mostly controlled by licences but Anything may be copied by a non-mechanical means in the course of instruction Anything except sheet music can be copied for setting or answering examination questions

Educational copying - preparing or in course of instruction: 

Educational copying - preparing or in course of instruction Done by person giving or receiving instruction Not done by a reprographic process Accompanied by sufficient acknowledgement where practicable For works available to the public the copying must also be fair dealing Instruction is for a non-commercial purpose

Educational copying for examinations: 

Educational copying for examinations Anything may be copied for setting, communicating or answering questions (except music) The questions must be accompanied by sufficient acknowledgement where practicable

Off-air recording for educational use: 

Off-air recording for educational use Off air broadcasts recorded under ERA or Open University licence must observe the terms of the licence Broadcasts not covered by the licences may not now be used off the premises. Lending to students for use at home, use by distance learners or streaming for VLE is not permitted


Licensing Agencies Copyright Licensing Agency Christian Copyright Licensing Newspaper Licensing Agency Educational Recording Agency Open University Design andamp; Artists Copyright Society Performing Rights Society Mechanical Copyright Protection Society

The CLA Licence: 

The CLA Licence The CLA licence covers all your stock except: Material specifically excluded by owners Grey literature Music Unpublished material Workbooks, work cards and assignment sheets Maps and charts Examination papers House journals Separate illustrations and photographs Newspapers

CLA FE digital licence: 

CLA FE digital licence Scan extracts from books, journals and periodicals Retype extracts from Licensed Material onto a computer Store copies on individual PCs or a networked server Incorporate digital copies into presentation software (e.g. PowerPoint™)

CLA FE digital licence: 

CLA FE digital licence Send copies by fax Email copies to authorised users Use copies on a VLE / MLE / college intranet Receive Digital Copies supplied under other CLA licences

CLA FE digital licence: 

CLA FE digital licence Multiple copies are now unlimited (previously restricted to class size) Individuals working as consultants engaged by the Licensee are now also included as authorised users

CLA FE digital licence: 

CLA FE digital licence Bibles, liturgical works and orders of service (previously excluded) are now covered The copying extent limitations (5%, one chapter etc.) remain unchanged and apply both to Paper and Digital Copies.

The ERA scheme: 

The ERA scheme Covers broadcasts from BBC and Independent broadcasters. Other satellite and cable are not covered but may be copied for educational use anyway

ERA and digital use: 

ERA and digital use Recordings may be stored and accessed only from terminals on the premises. Premises may be dispersed but all terminals must be on-site within the institution A suitable password and security system is needed Cannot be accessed by students outside the UK

The NLA schemes: 

The NLA schemes Several options available Standard licence Professional practice licence PR/Trade professional association licence Educational establishment under 16 Educational establishment 16+ Voluntary organisation licence

NLA & digital copies: 

NLA andamp; digital copies NLA Licence allows licensee to digitally scan cuttings, for circulation by email or other electronic means, from most NLA newspapers. Limited to maximum of 259 copies or simultaneous access points


DACS Design andamp; Artists Copyright Society does not offer a digital/scanning licence at present

Crown material: 

Crown material Special rules for Acts of Parliament, statutory instruments, regulatory material and an increasing amount of 'core' government material

Material covered by the Waiver: 

Material covered by the Waiver Most legislative material Government press releases Some statutory educational material Integrity of material must be maintained

What is meant by Waiver?: 

What is meant by Waiver? Waiver means that the Crown is not seeking to exercise its legal right to license formally, restrict usage or charge for the reproduction of the Material. However, Crown copyright is asserted to protect the Material against use in a misleading or derogatory manner. www.hmso.gov.uk

Material on the Web: 

Material on the Web Virtually all material on the Web is copyright Check the homepage to see what permissions the copyright owner gives Fair dealing for research MAY be possible but not certain

Improving awareness: 

Improving awareness Experience shows a lamentable lack of understanding of copyright by both teaching staff and students

Improving awareness: 

Improving awareness Half-day courses for academic staff emphasising the benefit of copyright to them. Regular reminders to staff and students about copyright Include copyright in any induction courses Have a central point for information

Corporate policy: 

Corporate policy Central point for copyright (and perhaps other IP matters) should have proactive role providing short-courses watching for potential or actual infringement alerting staff/students about infringing acts Power to take action where infringement is blatant or likely to cause the university real harm

Further advice and training is available from: 

Further advice and training is available from


Voice/Fax 01423 529928 33 Mayfield Grove Harrogate HG1 5HD Graham@copyrightcircle.co.uk www.copyrightcircle.co.uk

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