restricted and permitted acts richard mccracken head of intellectual property the open university
Post on 27-Dec-2015
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Restricted and Permitted Acts
Richard McCracken
Head of Intellectual Property
The Open University
Two types of activity
• Restricted Acts (What we can do with permission)
• Permitted Acts (What we can do without permission)
Restricted Acts
• Copying
• Making available to the public (publishing)
• Broadcasting
• Adapting
• Dealing in infringing copies
• Providing means of making infringing copies
Restricted acts continued
• Storing in an electronic medium
• Extracting (database right)
• Communicating to the public (digital networks)
• Authorising infringement
• Recording performances
Permitted Acts
• Using an insubstantial part
• Fair dealing for the purposes of criticism or review
• Fair dealing for the purposes of reporting a current event
• Fair dealing in setting, communicating or answering a bona fide examination question
Permitted acts & licensing schemes
• Photocopying text (CLA)
• Off-air recording of broadcasts (ERA and OU schemes)
Insubstantiality
• A qualitative test
• Varies according to context and ‘work’– e.g. literary prose/poetry, musical, film.
Off-air recordings
• 1988 CDPA – “educational purposes of the institution”
• 2003 incorporation of EC Directive
“premises of the institution”
• e.g. campus facilities, halls of residence, study centres
• Access from other premises denied
Web content
Restricted Acts apply:– Storing in an electronic medium– Authorising infringement– Provision of premises and equipment for
infringement– Communicating to the public– Database rights
Explicit licences
Licensing statement
Implicit licences
• Context-driven
• Letter to newspaper
• Interpretation of intent
Rights ownership
• Staff – terms and conditions
• Students – terms and conditions
• Commissioned – contractual
• Existing - licensing
Do I need to clear?
• Is it a work? No – use it/Yes - proceed to next question
• Is it protected? No – use it/Yes – proceed to next question
• Am I performing a restricted act? No- use it/Yes – proceed to next question
• Do I have a defence? Yes – use it/No – clear it
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