A short introduction to Copyright and eLearning

1. Have I the (copy)right?
Andy Horton, Deputy Library Manager
hortona@regents.ac.uk
x. 7448

2. What is copyright?
• Automatic right
• Protects the owners and creators of
intellectual property
• Covers
copying, publishing, distribution, “format-
shifting”
• Protects right to make income from creative
works
• Also includes moral rights

3. “Original works”…
•Websites/internet
•Written work (including software &
databases)
•TV/film
•Theatre/music
•Artistic works/photographs
•Spoken word/performers

4. Does not apply to…
• Ideas
• Facts
• Numbers
• Names
• Slogans
• …but some of these may be protected by
other areas of law

5. Copyright in UK Law:
Copyright, Designs and Patents Act 1988
Digital Economy Act 2010
Enterprise and Regulatory Reform Act 2013
Intellectual Property Office
Copyright Licensing Agency

6. Copyright infringement
“The basis of copyright protection is that one man must
not be able to appropriate the result of another's
labour“
LB (Plastics) Ltd v Swish Products Ltd (1979)

7. Copyright infringement
• Can be infringement to copy/change/distribute a
“substantial part” (subjective) of a work
• May lead to civil or even criminal litigation, against
infringing organisation and individual
• “Secondary infringement” if using an infringing
copy

8. Duration of copyright
• 70 years from death of creator
• Film: 70 years from death of
director, author, composer
• Sound recordings: 50 years from death of
creator (will be extended to 70)
• Broadcasts: 50 years from making of
broadcast
• Editions: 25 years from year of
publication

9. Who owns the copyright?
• The “creator” of the work always has
moral rights
• Rights can be sold or assigned – creator
may not be rights holder
• Copyright may be owned by several
people for the same work (e.g.
writer, director, composer, actors), or for
different parts of the same work

10. Multiple copyright holders

11. “Orphan works”

12. Orphan works” – rights
holder(s) unknown
• Still (probably) in copyright
• Rights holder cannot be contacted
• Estimated 25,000,000 in UK public
sector
• New legislation (ERR Act 2013) will
allow their use, but only after diligent
search, and on payment of a fee

13. Who owns copyright on my work?
Study pods at Stirling University library © Andy Horton

14. Who owns copyright on my work?
• “Where a written, theatrical, musical or
artistic work, or a film, is made by an
employee in the course of his
employment, his employer is the first owner
of any copyright in the work”
http://www.ipo.gov.uk/types/copy/c-
ownership/c-employer.htm
• See Regent’s University Financial Regulations
2012, s. 20.1.2
• Also see contract of employment

15. Permitted (restricted) use of copyrighted material
“Fair Dealing”
• Criticism and review
• Non-commercial research and study (not audio-
visual)
• Education (includes examined work)
• Accessibility - visual impairment/disability (under
CLA licence: disabilities as defined in DDA)
Always Acknowledge Authorship

16. “How much can I use?”
• One article, chapter, or 5% of a written work
• One poem or short story from an anthology
• One case from a volume of law reports
• One image of up to A4 size
• One excerpt up to A4 size from an OS map

17. Blackboard
Can be used to legally make material available to
students, under our CLA licence

18. Blackboard
• Access to content can be controlled
• VLE and Media Services teams can advise and
support you
• Copyright law still applies to content posted to
Blackboard

19. Scanning & posting to Blackboard
• Covered by CLA licence
• If from a journal we don’t have, the Library
can get a copyright fee paid copy from British
Library
• VLE team will help you upload scanned copy
• Must be reported
• Limitations still apply (one chapter/article)

20. Reporting your scanning

21. Reporting your scanning

22. Reporting your scanning

23. Reporting your scanning
We are required by law to submit a record of all
our scanned documents each year to the CLA –
Please remember to report your scanning!
http://tinyurl.com/rccopyright

24. Images and video online
Image © Keith Evans

25. Images and video online
• Never assume something is in public domain
• Images carry unseen metadata, rights holders
search for unauthorised use
• www.youtube.com – OK if you are sure the
poster had the rights to the video. If in
doubt, don’t use
• Logos/trademarks – additional area of law

26. Solutions:
Use your own work
Licences: CLA, ERA+
Link to content if permitted by terms
and licences
Get permission
Creative Commons

27. Ask for help!
• hortona@regents.ac.uk x. 7448 (Library)
• harristi@regents.ac.uk x. 7535 (Media Services)
• rowellc@regents.ac.uk x. 7519 (VLE)
• pittockj@regents.ac.uk x. 7785 (Comms)

28. Any questions?
The minefield of copyright…
(Minesweeper 3D, by Eelis van der Weegen)

29. Links/references
Copyright, Designs and Patents Act 1988
http://www.legislation.gov.uk/ukpga/1988/48
Digital Economy Act 2010
http://www.legislation.gov.uk/ukpga/2010/24
Copyright (Visually Impaired Persons) Act 2002
http://www.legislation.gov.uk/ukpga/2002/33
Copyright Licensing Agency www.cla.co.uk
Educational Recording Agency www.era.org.uk
Intellectual Property Office www.ipo.gov.uk
Slide 6: Tweet by Reiner Knizia used with his permission
Slide 11: Mr & Mrs Horton and their son, Andrew. © Bernard Dickinson
Slide 21: The Angel Of The North near to Gateshead. © Copyright Keith Evans <div
xmlns:cc="http://creativecommons.org/ns#" xmlns:dct="http://purl.org/dc/terms/"
about="http://s0.geograph.org.uk/geophotos/01/33/41/1334161_3438cd28.jpg"><span
property="dct:title">The Angel Of The North</span> (<a rel="cc:attributionURL"
property="cc:attributionName" href="http://www.geograph.org.uk/profile/6337">Keith
Evans</a>) / <a rel="license" href="http://creativecommons.org/licenses/by-sa/2.0/">CC BY-SA
2.0</a></div>