Copyright
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Contents |
OVERVIEW
This article gives a brief explanation of the nature of copyright and its application and exceptions. It is taken from the SCA IPR toolkit Factsheet 1.2: Web 2.0 and IP, licensed for use under a
What is copyright?
Unlike patents, copyright is granted automatically and does not involve an application process. Copyright protects the skill and effort expended in creating something new, and protects literary works, images, music, moving images, films, TV and radio broadcasts, sound recordings and databases, amongst others. Copyright and/or the closely related database right protect all Web sites. The lifetime of copyright is typically 70 years after the death of the creator, although this will vary between content types. In some instances, such as unpublished text based works, copyright can last until the end of 31st December 2039, irrespective of when the work was created. Unlike the other forms of IPR, there are significant exceptions to the monopoly rights enjoyed by a copyright owner, allowing third parties to copy, adapt and disseminate copyright materials under certain controlled circumstances, e.g., for non-commercial research or private study. These, however, are limited within contexts in works are either communicated or made available to the public, such as online use, virtual learning environments or intranet usage. Other exceptions include:
- Making temporary copies inclusion of materials
- Fair dealing for non-commercial research or private study
- Fair dealing for criticism or review
- Fair dealing for news reporting
- Incidental use
- Exceptions for visually impaired persons
- Things done for instruction
- Things done for examinations in education
- Anthologies for educational use
- Copying broadcasts in educational establishments
- Library and archive exceptions, including copying, document supply & preservation copying
- Parliamentary and judicial proceedings
- Statutory inquiries
- Material open to public inspection
- Material communicated to the Crown
- Public records
- Acts done under other statutory authority, e.g., Freedom of Information
- Special permissions for computer software and databases
- Assumptions that can be made about the age of a work
- Public reading or recitation
- Abstracts of scientific and technical articles
- Folksongs
- Advertisements of artistic pieces for sale
- Lending rights for libraries
- Time shifting of broadcasts
The precise details of what may be copied and under what circumstances vary from exception to exception. In each case, though, assuming one abides by the particular ground rules that apply to the exception, one can mount a successful defence against an allegation of infringement.
The current review of copyright law being undertaken by the UK Intellectual Property Office as a result of the Gowers Report, and other on-going discussions and consultations. These are likely to lead to changes to some of these exceptions, and possible brand new ones, such as format shifting. There are a number of other rights traditionally associated with copyright but which are distinct from it, including database rights, performers’ rights and moral rights.
Links to IPR Toolkit Resources as PDFs
Background papers
Reports
Practical tools
3.4 Top Tips for Issuing Licences
3.5 Top Tips for Requesting Licences
3.8 Template Email Permissions Form
3.9 IPR Template Permission Letter
3.10 Rights Management Template
3.12 Model Contractual Clauses for Requesting Permission from Staff
3.13 Example Consortium Agreement
3.14 Model Contractual Clauses for Requesting Permission from Students/Volunteers
3.15 Model contractual clauses for requesting permission from freelancers/subcontractors
3.16 Template Terms and Conditions of Service
Template policy statements
2.1 Draft Institutional IPR Policy Statements
2.2 IPR and Licensing Blue Print for Funding Bodies and Recipients of Funding
Related Digipedia links
Copyright
IPR policy statement for the public sector
Orphan works and risk management
Web 2.0 and legal issues factsheet
Further information
General resources
Intellectual Property Office: Overview of the legislative framework and policy issues/developments regarding Intellectual Property Rights
Office for Public Sector Information: Information about Crown Copyright material, click use licence for reusing Crown Copyright material and access to the consolidated copyright legislation.
British Library Business and IP Centre: Provision of resources, support and advice relating to the creation and exploitation of IP within a business context
Licensing schemes and open content licensing initiatives
Copyright Licensing Agency (CLA)
Design and Artists Copyright Society (DACS)
Resources for health professionals
Resources for schools, colleges and universities
JISC Digital Media Online Image Finding Tutorial: Interactive tool providing information about how to find images online which can be used with the least amount of restrictions
Web2Rights Project: JISC funded project providing interactive copyright and other legal issues tools, resources and charts for use by JISC funded projects
JISC Casper: Interactive tools and associated resources for dealing with copyright issues in schools and projects who are reusing content
JISC IPR and Web2.0 Animation: IPR and Web2.0 animation commissioned by JISC and built around the Web2Rights project deliverables
Becta: Information about IPR for schools
JISC IPR Consultancy: Briefing documents about IPR and monthly IPR Newsletter
JISC Open Content Licences Overview Paper: Overview paper providing guidance about the use of open content licences for JISC funded projects
JISC Model Licence Interactive: Interactive tool which provides an overview of the benefits of the JISC Model Licence
TrustDR Project: JISC funded project providing supporting documentation relating to the establishment of a digital rights management system for repositories
JISC Legal: Support for HEIs and FEIs on legal issues
OSS Watch: Support for HEIs and FEIs on open source licences
Resources for the cultural heritage sector
Collections Link: Comprehensive resources relating to IP and licensing for cultural heritage bodies
Harvested links
- Copyright Essentials
- A Collections Trust factsheet providing an introduction to copyright law for the non-specialist collections manager. [?]
- Training Course: Copyright Essentials
- This training course provided by Museums Galleries Scotland offers an introduction to the principles of copyright within the context of caring for collections. It offers basic and practical training, [?]
- New guide to copyright for cultural heritage organisations
- The Collections Trust is delighted to announce the publication of a new guide to copyright for cultural heritage organisations. [?]
- Collections Management Network website
- Collections Management Network (CMNetwork) is a consortium of consultants, advisers and trainers with expertise in collections management. We work together to provide practical, authoritative, cost ef [?] <span id="fck_dom_range_temp_1287584946184_396" />
[[Role::newcomer]] [[Role::strategy manager]] [[Role::policy maker]] [[Role::project manager]] [[Role::content manager]] [[Role::acquisitions manager]] [[Goal::managing]] [[Goal::copyright]] [[Goal::IPR]] [[Goal::legal]] [[Level::basic]] [[Level::medium]] [[Level::deep]]
