Using Digital Resources Legally: Copyright and the virtual library

Dr Jane Secker

Centre for Learning Technology, LSE

Information For Energy Group (IFEG)

12th May 2005

Introduction to session

Introduction to me, my role Copyright law – brief introduction for business sector

– What is copyright and who owns it?– What can be copied? – The 2003 EU Directive

Licences and contracts Copyright in the electronic environment

– Websites– Images– Multimedia

Conclusions

My role at LSE

Learning Technology Librarian working in the Centre for Learning Technology

Advise staff about using digital resources in their online course

Liase between Library and Centre Copyright an important part of my role Primarily advising staff working in education for

non-commercial purposes

Copyright and the virtual library

Increasingly important to ensure staff understand about copyright in the electronic environment:

– As digital resources very easy to copy– Misuse of digital resources much easier to trace by rights owners

At LSE all staff using online learning given copyright booklet and information available on website

Training as part of staff development Specific copyright queries answered A managed service digitising text to ensure it complies with

copyright law Main advice to staff: THINK COPYRIGHT FIRST!

Copyright and the Law

Copyright Designs and Patents Act 1988 Full text available: http://www.hmso.gov.uk/ But a number of statutory instruments that also need to

be consulted Most changes to UK copyright law as a result of EU

directives For example a new directive came into force in October

2003, to harmonize copyright across EU

What is copyright?

For a work to be subject to copyright it must:– be original– be fixed (important in electronic environment)– the author must be from a country that recognises copyright law

Copyright covers:– literary works, dramatic works, artistic works, photos, maps, works of

architecture, musical works, broadcasts, typography, films, websites, even e-mail messages

It gives the owner certain rights (moral and economic)– To be identified as the author of a work– To make copies of the work– To communicate it to the public

Who owns copyright and what is protected?

The author usually owns copyright in a work However, copyright can be bought, sold, leased etc. Literary work – usually person who creates work Sound recording – producer Films – producer and principal director Broadcast – person who transmits broadcast Works created as part of your employment are owned by

your employer Students own copyright in all their work unless there is a

written agreement to transfer rights.

Limitations to copyright

Copyright does not mean you can’t copy anything and there are three limitations to the law:– Quantity– Duration– Purpose

Quantity– Copyright only protects substantial part of work,

therefore using insubstantial part is not infringing

Limitations to copyright (2)

Duration– Literacy and artistic works - 70 years from death of author, but if

author unknown 70 years from when created or published– Sound recordings – 50 years from year made– Films – 70 years from death of the last of the director,

screenplay author, composer etc– Broadcast – 50 years since broadcast– Typography – 25 years

Purpose– There are several uses which are allowed without the owner’s

permission known as permitted acts – fair dealing is the main one which is relevant here.

Fair dealing

‘Fair dealing’ permits a single copy to be made:– for non-commercial research and private study– for criticism and review– for reporting of current events– For ‘public administration’

No definition of ‘fair’ but 10% suggested by publishers Self service copying in many libraries comes under fair

dealing However this exception to the Copyright Act was

changed in 2003

The EU directive and commercial research

Copyright and Related Rights Regulations 2003. SI No. 2498. Main changes:

– Any copying for research or private study, carried out for a commercial purpose, requires prior permission from the copyright owner or a CLA licence to permit certain copying

– Companies are no longer able to obtain copies for commercial purposes from document suppliers, without paying a copyright fee

– In practice means most businesses need a CLA Licence to be able to make copies legally

– Will need to declare if visit another library and make copies Useful overview provided by British Library and CLA: http://www.bl.uk/services/information/copyrightfaq.html

Licences and contracts

Licences often allow you to go beyond the law Most electronic resources have licences associated with

them which take precedent over copyright law Need to read the small print about what you can and

can’t do with a resource Licences are increasingly being associated with websites Many bodies also issue licences to govern copying:

– Copyright Licensing Agency– Newspaper Licensing Agency– Ordnance Survey

The Copyright Licensing Agency (CLA)

The UK’s reprographic rights organisation – represent publishers, authors, artists and collect royalties on their behalf for copying

The CLA Licences– CLA have a range of licences for business, government

departments, schools, further and higher education– Allow you to make multiple copies and go beyond the Copyright Act– Licences increasingly allow photocopying and scanning to take into

account new technology– Business licence allows users to photocopy, scan and email extracts

from books, journals and periodicals More information on CLA website http://www.cla.co.uk

Scanning of published works

Currently in HE need to request copyright permission for everything we want to scan for multiple use

Scanning / copyright clearance should be in accordance with CLA licence or licence from publisher

If you need to request copyright permission cost typically based on length of article and number of people accessing it

Not all publishers grant digital rights Licences are usually for a fixed period

Digitisation in other sectors

Increasing recognition by CLA that scanning no different to photocopying

Joint scanning / photocopy licence available for business and further education.

Term include: – Must own a copy / or copyright-fee paid copy– Up to 5% of a work* to be photocopied / scanned– Material can be e-mailed to staff or placed on an intranet not on website– Can’t create an electronic library of articles– Can’t edit / OCR files– More info at: http://www.cla.co.uk/licensing/business/new_business_licence_TC.pdf

Copyright and the Internet

Information on the internet is subject to copyright like any other information

Websites can be copied in accordance with fair dealing unless there is a explicit licence or conditions

Implicit licence would allow you to view and print for personal use

If websites have licence, usage must be subject to this e.g. National Archives website

– http://www.nationalarchives.gov.uk/legal/copyright.htm – Website subject to Crown Copyright (more in a moment!)– Images cannot be copied without permission– Encourages linking to their website

Crown Copyright websites

Crown copyright material subject to a waiver – so can be copied without infringing

‘Unrestricted copying’ of certain categories of material permitted

Most material on UK central government websites can be reproduced without getting permission

Some operate a ‘click and use’ licence but no fee For more details see:

http://www.hmso.gov.uk/copyright/managing_copyright.htm

Copyright and deep linking

Linking usually gets round the copyright issue Deep-linking is still an unresolved issue and surface

links should be used where possible You need to avoid being accused of “passing off”

content as your own Ensure links to external sites open in new browser May be issues of durability if use lots of deep links –

surface links more stable

Linking to a website / downloading

Example of linking to / downloading from the British Library website

Read BL copyright statement http://www.bl.uk/copyrightstatement.html

Linking to items on the website would not be infringing (open in new window – ideally not deep links)

The site can be “accessed, printed and downloaded in an unaltered form, with copyright acknowledged, on a temporary basis for personal study and non-commercial use.”

Images and the Internet

Images are easy to download from the internet or scan, but they are subject to copyright and belong to the person who created them

Photographs belong to person who took photo Photographs of other people (e.g. students) will be

subject to Data Protection Act, rather than copyright Increasingly organisations are watermarking images to

protect their digital rights Many websites exist with free images If in doubt should ask permission first!

Multimedia resources

At LSE we also clear rights for audio and video for inclusion in online courses (password protected)

Videos and DVDs purchased for home use cannot be copied without permission from the publishers

Can be difficult and expensive to clear rights for film unless it has been broadcast

Educational videos and small production companies often more receptive to copyright requests

Typically companies charge for a licence fee per video

Permission requests

If you need to request permission details you should include: – Full details about the item you are requesting

permission– Where it will be hosted / domain– Who will have access – everyone / limited group– Access / authentication issues (passwords)– Format of the material – pdf, Word etc.– Duration of licence you require

Conclusions and general advice

Always check licences before using any electronic resource or website

Do not upload material to your website or intranet without appropriate copyright clearance

If in doubt seek advice – from books, other experts, in-house lawyers etc.

If you infringe copyright law your organisation could be sued

Where to go for more information

ReadingsCornish, Graham. Copyright : interpreting the law for libraries, archives

and information services. 4th ed. London: Facet Publishing, 2004. Pedley, Paul (Editor). Managing Digital Rights: a practitioner’s guide.

London: Facet Publishing, 2005.Secker, Jane. Electronic resources in the virtual learning environment:

a guide for librarians. Chandos Publishing. 2004

WebsitesPatent Office website http://www.intellectual_property.gov.uk/World Intellectual Property Organization http://www.wipo.org/ The Copyright Circle http://www.copyrightcircle.co.uk/

Any questions?

Dr Jane Secker

Learning Technology Librarian

London School of Economics

Tel: 020 7955 6530

Email: j.secker@lse.ac.uk