UK Copyright Reform: Implications for information

services in HE and FE

Chris MorrisonCopyright and Licensing Compliance Officer

University of Kent

© University of Kent 2013

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Contents

• Introduction

• Hargreaves review and expected timeframes

• Other developments in copyright

• Key proposed exceptions for HE and FE

• Orphan Works

• Copyright Hub

• Summary and scenarios

• Questions

Disclaimer

IANAL

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Copyright and Licensing Compliance at Kent

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Hargreaves Review of IP and Growth

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http://www.ipo.gov.uk/types/hargreaves.htm

Hargreaves Timeframe

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Extension of Copyright

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CC BY SA - Eva Rinaldi – Music News Australia 2013

Extension of Copyright

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CC

BY

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va R

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• Effective 1 November 2013

• Extension of sound recording copyright from 50 to 70 years

• Performers rights extended to 70 years

• Musical works duration 70 years following death of either composer or lyricist (whichever is later)

• Copyright in mass produced artistic works extended from 25 years to life of designer plus 70 years

Hargreaves recommendations

• Rebalance copyright regime

• Format neutral

• Future proof

• Representative of digital practices and potential

• Evidence basedBUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 9

Key Proposed Exceptions to Copyright 1

• S29 – Research and private study

• S30 - Quotation (criticism and review)

• S31 - Accessible copies for disabled users

• S32 – Fair dealing for instruction

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Key Proposed Exceptions to Copyright 2

• S35 – Recording of broadcasts

• S36 – Copying and extract of works by educational establishments

• S37 – Library Privilege copying for patrons

• S41 – Library privilege copying for other libraries

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Key Proposed Exceptions to Copyright 3

• S42 – Library/archival preservation

• S43 - Library copies of unpublished works

• S43A - Making works available on dedicated terminals

• S29A - Text and data mining

• No override by contractBUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 12

Data

Research and Private Study – S29

Before

• Limited, ‘fair dealing’

• Non-commercial

• Literary, dramatic, musical and artistic works only

• Contractual terms can override exception

After (expected)

• Limited ‘fair-dealing’

• Non-commercial

• All copyright works including sound recordings and films

• No override by contract

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Quotation (Criticism and Review) – S30

Before

• Criticism & review did not cover ‘illustrative’ use

• Works must already have been made publicly available

After (expected)

• Widened to cover any reasonable quotation

• Legitimises academic practice (citation)

• Must have been made publicly available

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Accessible copies for disabled users - S31

Before

• Restricted to people with visual impairments only

• Literary, dramatic, musical or artistic work

• Contractual override

After (expected)

• Widened to all impairments which prevent equal access

• All types of copyright work

• No contractual override

• Doesn’t address DRM/TPM measures

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Fair dealing for instruction – S32

Before

• Non-reprographic copying of literary, dramatic, musical and artistic works only

• Wide examination exception (not music)

• Sound recording/film exception

• Acknowledgement required if practical

After (expected)

• Must be fair dealing

• Copying can be reprographic

• Examination exception to be narrowed?!?!

• Covers all copyright works including sound recordings, films and broadcasts

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Recording of Broadcasts – S35

Before

• Non-commercial educational use

• ‘Communication to the public’ premises limitation

• Licensed by ERA

After (expected)

• Non-commercial educational use

• ‘Communication to the public’ off premises via secure electronic network

• Licensed by ERA

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Copying and Use of Extract of Works by Educational Establishments – S36

Before

• Non-commercial

• ≤1% per work, per quarter, per institution

• Covers typographical arrangement

• CLA licences take precedence

After (expected)

• Non-commercial

• ≤5% per work, per year, per institution

• Includes incorporated works (e.g. illustrations)

• CLA licences take precedence

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Library Privilege Copying forPatrons – S37

Before

• ‘Prescribed’ libraries

• Non-commercial research or private study

• Article in a periodical or part of literary, dramatic or musical work

• Declaration form

• Patron must pay cost of supply

• Contractual override

After (expected)

• Not-for-profit library

• Non-commercial research or private study

• Reasonable proportion of any copyright work

• Declaration still required but not through set form

• Patron must pay cost of supply

• Contractual override?!?!

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Library Privilege Copying for Other Libraries – S41

Before

• Supply of a journal article or whole or part of literary, dramatic or musical work

• Includes illustrations in context

• Contractual override

After (expected)

• Supply of journal article or whole or part of any published work

• Will include sound recordings, films and broadcasts

• Contractual override?!?!

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Library/Archival Preservation – S42

Before

• Single copy of item in permanent collection

• Literary, dramatic or musical work

• Includes illustrations and typographical arrangement

• Contractual override

After (expected)

• Single copy (?!?!) of item in permanent collection

• All types of copyright work including sound recordings, films and broadcasts

• No contractual override

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Library Copying of Unpublished Works – S43

Before

• Literary, dramatic or musical works only

After (expected)

• All types of copyright work

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Making Works Available Through Dedicated Terminals – S43A

• New exception

• Relates to a publicly accessible library, educational establishment, museum or archive

• Allows collection items to be viewed on site through ‘dedicated terminals’

• Works must have been lawfully acquired

• Non-commercial research or private study

• No contractual override

• Query on ‘dedicated terminals’ definition

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Text and Data Mining

• New exception

• Use of algorithms to determine relationships in data

• Non-commercial use

• Requires legitimate subscription/access to dataset

• No contractual overrides

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Data

Orphan works

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• Works where rights holder is unknown or untraceable

• Currently requires ‘risk-managed’ approach

• UK Orphan works provisions in the ERR Act 2013

• EU Orphan Works Directive – to be implemented in UK by 29 October 2014

Orphan Works

UK Licensing Scheme

• Covers all types of Orphan Work (inc photographs)

• Time limited (probably 7 years)

• Commercial and non-commercial use

• Requirement for reasonable searches

• Outstanding questions

EU Directive

• Covers all text and audio visual works (but not artistic unless embedded)

• Applies to cultural and educational organisations

• Requirement for reasonable searches recorded on a database

• No geographical restriction or time limit

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Copyright Hub

• http://www.copyrighthub.co.uk

• Industry led

• Aimed primarily at SMEs

• Links rights databases and information

• Education establishments needs to be addressed

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Summary and scenarios

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Data

Questions

copyright@kent.ac.uk

@cbowiemorrison

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