June WeirFOI/Copyright/Records Manager

March 2015

Copyright

• Copyright protects the rights of creators• Literary, dramatic, musical, artistic works,

sound recordings, films or broadcasts • Typographical arrangements of published

editions• It is automatic, no need to:– Register the work– Display © symbol

Copyright

• Copyright owner– Creator of original material recorded in a

permanent format• Seems straight forward…….– Oscars awards (2014) – who owns DeGeneres’

selfie?– http://

ipkitten.blogspot.co.uk/2014/03/copyright-related-question-right-from.html

Copyright

• Acts restricted by copyright– The owner exclusive right;• Copy the work• Issue copies to the public• Perform, show or play the work in public• Broadcast the work • Make an adaptation of the work

– Infringement to carry out restricted act:• Whole or any substantial part of work• without licence/permission

Copyright

What is substantial? Undefined No magic formula Consider quality as well as quantity

Case LawFour lines from a 32 line poem? In Kipling v Genatosan [1917-23] MacG Cop Cas 203, the court held that reproduction of 4 lines from Kipling’s 32 line poem “If” amounted to copyright infringement.

• Provisions that allow a certain amount of copying• Thesis - what are they?– Copying and use of extracts of works (educational

establishments)– Criticism, review, quotation and parody– Non-commercial research and private study– Illustration for instruction

• All subject to Fair Dealing• All require sufficient acknowledgement (title,

description, author)

Permitted Acts

• Not defined in the legislation– “Dealing” a form of general behaviour– “Fair” can only be decided in a court of law

• Subject to challenge• Generally accepted to mean general

permission to copy as long as:– The act of copying will not harm or prejudice the

legitimate interests of the rights holder.

What does Fair Dealing mean?

• How would a fair minded and honest person have dealt with the work?

• How would you feel if it was your work being copied?• Will using the work affect the market of the original

work?• Does the use of the work act as a substitute causing the

owner to lose revenue?• Is the amount being used reasonable and appropriate?

Fair Dealing – what to consider?

• Original Thesis– unpublished work– Purposes of examination

• Section 32: Illustration for Instruction– Covers examination use– Reproduction of third party material – Fair Dealing/non-commercial purpose– Accompanied by acknowledgement

Thesis

Copyright - Thesis

• What constitutes a published thesis?– Whole or part of thesis is made available to the public– Print, electronic or in a repository

• What does this mean?– Section 32 exception no longer applies– Permission for use of third party material– Or submit an edited version for placing in the

repository– Or???

Copyright – Thesis

• Does another statutory exception apply?– Private study– Research for a non-commercial purpose

• Criticism, review, quotation and news reporting (S30)– All types of work– Fair Dealing– Reasonable and proportionate

• E.g. amount quoted is no more than is required

– Accompanied by sufficient acknowledgement– Work already made available to the public

Not a right to use but a legal defence should use be challenged

Copyright – Thesis

• UK Case relevant to fair dealing provisions– Sillitoe v McGraw-Hill Book Co [1983] FSR 545:

Defendant copied and imported adaptation of play from claimant’s O level study notes for use in exam preparation. Claimed defence of fair dealing for criticism and review purposes.

– No defence found under fair dealing – Court found: (i) no criticism and review involved; (ii)

insufficient acknowledgement;

Underlying rationale • use will harm the rights or prejudice the rights holder;

Copyright – Thesis

Consider:• Is third party material being used?• How old is it?– Duration – copyright lasts for fixed periods of time• Literary, dramatic, musical, films – 70 years• Sound Recordings – 50 years• Published Editions – 25 years

Copyright – Thesis

• Consider:– Does a statutory permission apply?– Is permission for use of third party material

needed• Template letter• University Website: http

://www.st-andrews.ac.uk/students/rules/copyright/

Copyright - Thesis

Golden Rules• Plan Ahead• Develop good habits• Give plenty of time to consider all options• Does Fair Dealing apply• Seek permission as you go along – in writing• Keep records safe

Copyright - Thesis

Where permission is not granted• No response = No permission• Decide how mange this• Embargo electronic deposit• Prepare an edited version for placing in

Repository

Useful Links Information available on University’s website at:

http://www.st-andrews.ac.uk/students/rules/Copyright/

Guidance Note - Overview of copyright What material it covers Duration Use of Third Party Material Contact numbers Template permission letter

Copyright User online resource - http://copyrightuser.org/ Intellectual Property Office - https://www.gov.uk/intellectual-property/copyright Intellectual Property Office training tool - http://www.ipo.gov.uk/blogs/iptutor /

Useful Links

Creative Commons - http://creativecommons.org• Copyright licences designed online environment• Standardised• Specific terms and conditions• Copyright owner retains ownership but grants permission under

conditions to license to anyone, anywhere to use• Useful CC FAQ - https://wiki.creativecommons.org/FAQ

Information sourced from internet:• Check terms and conditions carefully

A few misconceptions?

All information available on the Internet is free to use.

There isn’t a Copyright symbol or notice displayed so shouldn’t be a problem to use it.

It’s almost impossible to prove copyright infringement.

Copyright law only applies if I copy the work word for

word.

I have only used a small extract and properly referenced the source.

Any questions