Copyright for Librarians:
Annual Update 2008
Clair Castle
Ted Krawec
26th September 2008
1
Welcome
Clair Castle, Librarian
Balfour and Newton Libraries
Department of Zoology: cmc32@cam.ac.uk
Ted Krawec, Solicitor/Copyright Officer
Legal Services Office:
ted.krawec@admin.cam.ac.uk
2
Copyright for Librarians – Annual
Update 2008
• What’s new?
• Refresher
• Helping you and your users to help
yourselves stay within the law
3
Today’s programme
9:30 - 11:00 am
Part 1: Copying and Use of Extracts 1. by statute – Permitted copying without the permission of the
copyright owner/holder
2. by statute – Librarian copying
3. by collective licence – the University’s Big Licences
with the CLA, NLA, ERA, e-journal publishers
11:30 – 1:00
4. by direct permission/licence from the copyright owner/holder
Part 2: Copying and Use of Extracts – Pulling it all together
1. Lectures and PowerPoint
2. CamTools and the Internet
3. Commercial products, non-commercial projects
4
Copyright Information
• Copyright for Records Managers and Archivists, 3rd rev. ed., by Tim
Padfield. Facet Publishing; 2007. ISBN: 9781856046046. £34.95
(discount for CILIP members).
• Legal Services Office, Copyright Compliance document at
http://www.admin.cam.ac.uk/cam-only/offices/legal/copyright/
• libraries@cambridge, General & Administrative Information,
Copyright at http://www.lib.cam.ac.uk/libraries/gen.htm
• Copyright Licensing Agency (CLA) licence information at
http://www.cla.co.uk/
• An unofficial consolidated text of the Copyright, Designs and Patents
Act (CDPA) 1988 is available from the UK Intellectual Property
Office at http://www.ipo.gov.uk/copy/c-law/c-legislation.htm
5
The Statute
Copyright, Designs and Patents Act 1988
• provides the author/creator of an original literary, artistic, dramatic or
musical work or sound recording or film or broadcast with certain
economic rights in relation to that work and governs others’ use of
the work or extracts from it
• Copyright (Librarians and Archivists) (Copying of Copyright Material)
Regulations 1989 follow from the Copyright Act`
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Types of copyright works
Copyright subsists in:
• Literary works, including tables
• Artistic works, including graphic works (such as paintings, drawings,
diagrams, maps, charts, plans, engravings, etchings), photographs,
collages, works of architecture, works of artistic craftsmanship
• Dramatic works, including plays, mime
• Musical works, but no lyrics, which are treated as literary works
• Sound recordings
• Films
• Broadcasts
• Typographical arrangements of published editions
• Performers’ rights in performances
7
Authorship and first ownership
• First owner of copyright in a work is usually its author or creator, but
if in the course of employment, the employer is first owner
UNLESS modified by contract
SUCH AS
the University’s Statutes and Ordinances, the University’s
intellectual property rights policy at pp.926-932
• Ascertaining authorship is usually required to figure out the duration
of copyright in a work
8
Duration or term of copyright
• For unpublished and published literary, artistic, dramatic and musical
works and Crown copyright works
CONSULT Padfield, Chapter 2 and Appendix 9.1 Charts for the
duration of copyright
• The Charts are also available from the National Archives site:
http://www.nationalarchives.giv.uk , ‘Copyright’ in the footer,
‘Copyright guidelines’ in the text, Appendix 1.
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Part 1: Copying and Use of Extracts
1. By statute –
Permitted copying and use without the permission of the
copyright owner/holder
There is NO GENERAL OR BLANKET EXEMPTION for ‘Educational
Use’!
At the University, in reality, the exemptions or defences to copyright
infringement are:
a) fair dealing
b) out-of-copyright
c) for the purposes of examination
d) playing or showing of a sound recording, film or broadcast for the
purposes of instruction
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Copying and use of extracts
By statute – without permission
a)
‘fair dealing’
(i) for the purposes of non-commercial research or private
study (s.29)
•
only applies to literary, artistic, dramatic and musical works,
NOT to sound recordings, films or broadcasts
•
COPYING: a single copy only for that individual’s non-commercial
research or private study
If reader/user declares that their copying is for a commercial
purpose, the CLA Sticker Scheme should be used, or the
reader/user should be directed to the BL
•
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Copying and use of extracts
By statute – without permission
• USE OF QUOTES, EXTRACTS or EXCERPTS:
for literary works, the limits are generally accepted as
•
•
•
•
up to 400 words in a single quotation
up to a total of 800 words in a series of short quotations none
of which is longer than 300 words
from a poem, not more than 40 lines, provided that this does
not exceed a quarter of the poem
a table, if rows or columns of data are added or deleted, but
not if the table is reproduced unchanged
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Copying and use of extracts
By statute – without permission
(ii) ‘fair dealing’
for the purposes of criticism or review (s.30)
of that or another work or of the performance of a work does not
infringe any copyright in the work provided that it is accompanied by
sufficient acknowledgment and has been made available to the
public
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Copying and use of extracts
By statute – without permission
‘fair dealing’ for the purposes of criticism or review
by convention, allows for a short quotation or small extract or excerpt
from ANY TYPE OF COPYRIGHT WORK (BUT NOT unpublished
works)
IF ALL THE FOLLOWING ARE MET:
• the quote or extract or excerpt, or themes or thoughts underlying it,
is being criticised or reviewed. The use of the quote or extract must
meet the following test: Does the quote or extract or excerpt
support or illustrate the criticism being made?
• the quote or extract or excerpt is not used only as an illustration or to
embellish the text
• there is a preponderance of comment and analysis over the work
being criticised or reviewed.
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Copying and use of extracts
By statute – without permission
For use of quotes or extracts or excerpts under criticism or review:
for literary works, the limits are generally accepted as
•
•
•
•
up to 400 words in a single quotation
up to a total of 800 words in a series of short quotations none
of which is longer than 300 words
from a poem, not more than 40 lines, provided that this does
not exceed a quarter of the poem
a table, if rows or columns of data are added or deleted, but
not if the table is reproduced unchanged
for artistic, dramatic and musical works and films, the size of extracts
that may be used is a controversial area – what is fair dealing???
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Copying and use of extracts
By statute – without permission
b) Out-of-copyright
If copyright no longer subsists in a work, it is said to be in the ‘public
domain’ and may be copied and used freely.
c) For the purposes of examination (s.30(3, 4 and 5))
Quotes, extracts and excerpts from others’ copyright works may be
used in examinable papers, including dissertations and theses,
without infringement
IF NOT communicated to the public, e.g. published (being held in
the UL is not considered having been published). If published, the
exemption may not be relied upon and permissions to use the
quotes and extracts and excerpts must be obtained from copyright
owners.
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Copying and use of extracts
By statute – without permission
d) Playing or showing of a sound recording, film or broadcast
The playing or showing of a sound recording, film or broadcast
before an audience consisting of lecturers and students only and
only for the purposes of instruction is not an infringement (s.34(2))
Commercial videos/DVDs may be shown on University premises as
long as the audience consists of students and the lecturer and the
showing is course-related.
If the playing or showing of a sound recording, film or broadcast is to
take place before an audience that includes anyone apart from
students and lecturers or is for purposes other than for instruction,
appropriate licences must be obtained. See ‘Copyright Compliance’
web pages for list of film distributors etc.
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2. By statute – Librarian Copying
The Copyright (Librarians and Archivists)
(Copying of Copyright Material)
Regulations 1989.
Supplementary regulations made under the
CPDA 1988 for librarians and archivists
working in education (not-for-profit) sector
as exceptions to the rights of copyright
owners.
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Copying and use of extracts
By statute - Librarian copying
Copying by Librarian of an article in a periodical or part of a literary,
dramatic or musical work (not an artistic work) from a published or
unpublished edition for a reader requiring the copy for the purposes of
non-commercial research or private study only
•
•
•
•
•
•
One copy of one article per issue of a journal or the greater of 5% or one
chapter of a book
User has to pay for copy a sum of not less than the cost (including a
contribution to the general expenses of the library) attributable to its
production
Declaration Forms to be signed by user: A=published works, B=unpublished
works. See examples in Copyright Compliance document:
I have not previously been supplied with a copy
I will not use the copy except for non-commercial research or private study
and will not supply a copy to anyone
Keep forms for 6 years from date of making copy
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Copying and use of extracts
By statute - Librarian copying
Copying by Librarian for the purposes of replacing
items in a permanent collection, including for
preservation purposes
• A librarian may make a copy from any item in the
permanent collection of the library in order to preserve or
replace that item in the permanent collection of that
library or in that of another library
• Are you unable to purchase another copy?
• If copy is for another library they must state in writing
that the item has been lost, destroyed or damaged and is
not possible to purchase replacement
• If copy is for another library they must pay a sum of not
less than the cost (including a contribution to the general
expenses of the library) attributable to its production
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Copying and use of extracts
By statute – Librarian Copying
DISSERTATIONS
Librarian copying of PhD, MSc and MLitt dissertations:
• Dissertations are unpublished works
• Copies may not be issued without the copyright owner’s consent
BUT
BoGS Deposit and Copying of Dissertation Declaration, signed
by a student upon submission of their paper, allows the UL to issue
single copies of the whole or part of a dissertation to a reader/user
ONLY IF
the reader/user declares and signs FORM B Librarian Regs:
• I have not previously been supplied with a copy
• I will not use the copy except for non-commercial research or private
study and will not supply a copy to anyone
NOTE: for readers/users ‘criticism and review’ DOES NOT apply to
unpublished works (not ‘made available to the public’)
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3. By collective licence –
the University’s Licences
• Copyright Licensing Agency (CLA)
Photocopying and Scanning Licence
• Newspaper Licensing Agency (NLA)
Licence - Copying from newspapers
• Educational Recording Agency (ERA)
Licence – Recording and use of
broadcasts
• E-journal Licences and self-archiving
(NESLI, SHERPA)
22
Copying and use of extracts
By collective licence - the University’s Licences
Copyright Licensing Agency (CLA) Photocopying and
Scanning Licence, with effect from 1 August 2008
• Text of the Comprehensive HE licence and User
Guidelines available on CLA website
• ‘Notice’ to be displayed near all photocopiers and
scanners
• University’s Scanning Procedure outlined in Copyright
Compliance document
• Licence covers all students and employees of university
• Permits photocopying and scanning of published
print materials but with big exceptions
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Copying and use of extracts
By collective licence - the University’s Licences
Photocopying element of CLA Licence
• Material licensed for copying: original published editions of books, looseleaf works, law reports, periodicals and journals, but excluding any
‘Excluded Works’, Excluded Categories’, and those US works on ‘Excluded
US Publishers List’
• How much of a work can be copied? Usual limits, e.g. one copy of an
article from a journal issue, the greater of 5% or one chapter from a book
• What can a copy be made from? The original book or journal owned by a
library or office in the university; a copyright fee paid copy of one chapter of
a book or article supplied by a document delivery service; but NOT from an
item on loan via an ILL service or from copies made under library
regulations
• How many copies can be made? Only one copy per person registered on
a course of study, plus one for the lecturer
• N. B. Copies can be included in a short loan / reserve collection but are only
intended for use by the students registered on that particular course
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Copying and use of extracts
By collective licence - the University’s Licences
Scanning element of CLA Licence
• Same provisions as with Photocopying element, but also including
‘Works Excluded from Scanning under the CLA Licence’
• The university’s Centre for Applied Research in Educational Technologies
(CARET) ensures that only students on a particular course of study and
their lecturer can have access to, download and print out digital copies in
course collections, usually via CamTools, and removes them at end of
course
• Permission to scan materials restricted to ‘Designated Persons’ e.g.
lecturers, course organisers, librarians, secretaries, but NOT students.
CARET must be notified of who the DPs are
• Scanning Procedure: 1) Lecturer selects material for inclusion in course
collection to be posted on CamTools or on CD-ROM for his/her students on
particular course of study; 2) Material scanned by DP; 3) Digital copies and
Digital Copy Record Form (available from CLA website) submitted to
CARET with contact details of students on the course; 4) Digital copies
made available to students on CamTools or other password-protected
intranet or on CD-ROM (one per student, plus one for lecturer)
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Copying and use of extracts
By collective licence - the University’s Licences
CLA Licence extras – for VIPs and commercial organisations
• Digital copies or photocopies of part or whole of a work can be made
for visually impaired or otherwise disabled persons in any
alternative format that is more accessible only if it is not already
available commercially. If more than one chapter/article is copied
then the copy must state: that it was made for a VIP or disabled
person; that it may not be further copied; and the bibliographic
details of the original
• Digital copies or photocopies may be made for employees of
commercial organisations that have provided the university with
research funding for a specific university research project BUT they
may not be further copied or reproduced, a digital copy may only be
downloaded or printed out once and the original destroyed, and the
CLA’s ‘Copyright Legend for Commercial Copies’ must be attached
26
Copying and use of extracts
By collective licence - the University’s Licences
Newspaper Licensing Agency (NLA) License - Copying from newspapers
• Fair dealing permission for university staff and students to make a single
copy of an article from a newspaper, for purposes of private study or noncommercial research
• NLA licence permits multiple photocopying of newspaper article text and
accompanying artistic works e.g. photos, advertisements
• All copies must be marked ‘NLA Licensed Copy’
• Up to 250 copies of one article per newspaper issue may be circulated to
university staff for internal management purposes but no systematic copying
is allowed without additional ‘frequent copying fees’ set by NLA at
http://www.nla.co.uk
• Up to 250 copies of one article per newspaper issue may be photocopied
and distributed to students for educational and instructional purposes, e.g.
course packs
• Only print versions of newspapers covered by licence; see the terms and
conditions governing copying from online versions
• Scanning of articles to send by email or post on intranets or the Internet, or
for digital projection not covered; seek permission from publisher
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Copying and use of extracts
By collective licence - the University’s Licences
Educational Recording Agency (ERA) Licence – Recording and
use of broadcasts
• Permits recording of television and radio programmes for
educational purposes
• Permits playing of recordings made to students within university
• Recordings must be for non-commercial purposes
• Recordings must not be edited or modified but extracts can be used
• Mark/label recordings with NLA specified details
• Copies can be made of recording but not of videos and DVDs sold
commercially
• Can record programmes in analogue or digital format and in digital
form made available on a password-protected intranet such as
CamTools. No off-site university access allowed
• FAQs on ERA licences at http://era.org.uk/FAQ.html
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Copying and use of extracts
By collective licence - the University’s Licences
E-journal Licences
• E-journals are covered by CLA Photocopying and Scanning licence
but provisions are so limited as to be not worthwhile exploiting. Just
refer users to / link to articles on ejournals@cambridge
• Some national, HE sector e-journal licence agreements negotiated
by NESLI, a national e-journals initiative. University uses the NESLI
model licence which includes big publishers e.g. Elsevier, Cell
Press, Nature etc. http://www.nesli2.ac.uk
• NESLI licence permissions include: electronically saving parts of ejournals for personal use; printing off single copies; distributing
single copies in print or electronic form to other authorized users;
incorporating e-journal material in printed or electronic course packs
for students but only via restricted intranets such as CamTools etc.
• Other e-journals governed by individual licences with university, see
UL website http://www.lib.cam.ac.uk/licensing.htm
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Copying and use of extracts
By collective licence - the University’s Licences
Self-archiving – what authors should know
• Publishers may permit self-archiving of journal articles by
authors in repositories such as DSpace@Cambridge or
for posting on intranets, personal/departmental websites,
or the internet in general
• Authors should check their publisher’s terms, or can
consult SHERPA (Securing a Hybrid Environment for
Research Preservation and Access) for a summary of
permissions given by their publisher at
http://www.sherpa.ac.uk/romeo.php
• Publishers may permit authors to post their pre-prints
(pre-refereed, unpublished papers) or post-prints (final,
not yet pdf versions of works) – authors should read their
publishing agreement
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4. By direct permission/licence from the
copyright owner/holder
Not covered by statute or licences? There may be
an accompanying licence to the work e.g.
website statement / terms of use, Creative
Commons licence, music or film download
service licence?
Otherwise you need to seek and obtain written
permission from copyright owner
31
Copying and use of extracts
By direct permission/licence from the copyright owner/holder
Interpreting website ‘Terms of Use’
A common statement found on websites reads as follows:
‘You may not copy, reproduce, republish, download, post,
broadcast, transmit, make available to the public, or
otherwise use [this organization’s] website content in any
way except for your own personal, non-commercial use.
Specifically marked content as such may be emailed to a
friend. You also agree not to adapt, alter or create a
derivative work from any of this website’s content except
for your own personal, non-commercial use. No deep
linking to or framing of these pages is allowed without
the express written permission of the webmaster and the
copyright owner(s) as identified.’
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Copying and use of extracts
By direct permission/licence from the copyright owner/holder
Terms included in the previous statement have the following meaning:
•
‘Personal, non-commercial use’ means making a single copy, not to be distributed
further
•
‘Email to a friend’ means sending a single copy to one other user. It does not mean
distribution to students in a class, or inclusion in a PowerPoint presentation, or
inclusion in commercial training course materials;
•
‘Deep linking’ means the provision of a link that takes the user directly to a specific
page or item in a website. By deep linking to a site, the user may be said to be
encouraging people to bypass the website’s home page, which may contain a set of
terms and conditions that govern use of materials on the site. Also, if the site has
advertisements on its home page, it could be argued that, by deep linking within the
site, the user is depriving the site owner of potential advertising income based on
home page 'hits'
•
‘Framing’ occurs when a web page is linked to another site which appears in a 'frame'
of the original site visited, and the URL remains that of the original site. Framing may
simply result in the user appearing to pass off someone's content as their own.
33
Copying and use of extracts
By direct permission/licence from the copyright owner/holder
For Archival materials, e.g. photographs, old manuscripts
to be uploaded on intranets and on Internet sites for non-commercial
and commercial purposes, and/or
to be licensed for use in commercial products, e.g. BBC documentary,
or inclusion in non-commercial projects, e.g. government-funded
research and reports
DOES YOUR LIBRARY/ARCHIVE HAVE SUFFICIENT RIGHTS IN
THE ARCHIVAL MATERIALS TO DO WHAT YOU WANT TO DO?
• Have you identified who the author/creator of the item is?
• Is the item in copyright?
• If it is not in copyright, does someone hold copyright in the image of
the item
• Has copyright in the item been assigned, i.e. ownership transferred,
or licensed to your library/archive with sufficient rights to allow you to
issue further licences (with fees going to your library/archive or to
the copyright owner?)
34
Copying and use of extracts
By direct permission/licence from the copyright owner/holder
Sample ‘Licence to the archive’ and ‘Licence to a user’
available in Padfield Appendix 9.3
UL’s Image Reproduction Licences available at:
http://www.lib.cam.ac.uk/deptserv/imagingservices/reproductionrights.html
Contact Legal Services for assistance – in the works at Legal:
Licence to archive
Licence to a user for non-commercial research or private study, no on-copying
Licence to a user for academic publication only
Licence to a user for commercial products
Loan agreement for items which may be photographed or filmed
Locating unknown copyright owners/Orphan works
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Part 2: Copying and Use of
Extracts – Pulling it all together
a) in Lectures and PowerPoint
• Lecturer’s own work?
• Out-of-copyright materials?
• Quotes, extracts and excerpts from literary, artistic, dramatic or
musical works?
• Quotes, extracts and excerpts from sound recordings, films and
broadcasts?
• Photocopied extracts from books and journal articles?
36
Lectures and PowerPoint
• Scanned extracts from print published books and journal articles?
• Extracts from e-journal articles?
• Newspaper articles?
• Web pages and works from the Internet?
• Materials for which permission has been given to reproduce the
copyright item in the lecture and in PowerPoint? (including upload of
the presentation on a restricted intranet? or unrestricted intranet or
the Internet?)
37
b) In CamTools and on the Internet
• Lecturer’s own work?
• Out-of-copyright materials?
• Quotes, extracts and excerpts from literary, artistic, dramatic or
musical works?
• Quotes, extracts and excerpts from sound recordings, films and
broadcasts?
• Photocopied extracts from books and journal articles?
38
CamTools and on the Internet
• Scanned extracts from print published books and journal articles?
• Extracts from e-journal articles?
• Newspaper articles?
• Web pages and works from the Internet?
• Materials for which permission has been given to reproduce the
copyright item on a restricted intranet? or unrestricted intranet or the
Internet?
39
c) In Commercial products/non-commercial projects
• Lecturer’s own work?
• Out-of-copyright materials?
• Quotes, extracts and excerpts from literary, artistic, dramatic or
musical works?
• Quotes, extracts and excerpts from sound recordings, films and
broadcasts?
• Photocopied extracts from books and journal articles?
40
Commercial products/non-commercial projects
• Scanned extracts from print published books and journal articles?
• Extracts from e-journal articles?
• Newspaper articles?
• Web pages and works from the Internet?
• Materials for which permission has been given to reproduce the
copyright item in the commercial product? or non-commercial
project?
41
Any questions?
Ideas for future sessions?
42