Copyright 101 – what you need to know
when writing your thesis
Dr Alice Crawford
Copyright Coordinator
May 2016
What is copyright?
• Copyright is a legally enforceable property
right that makes it possible for the holder of
that right to profit from a work such as a book,
a dramatic, musical or artistic creation, a
sound recording, film or broadcast.
• Copyright protects the expression of ideas,
but not the idea itself.
• It becomes effective at the time of the
creation of the work.
• It arises automatically – in the UK there is no
need to register the work or display the ©
symbol.
• In the UK, Copyright law is governed by Part 1
of the Copyright, Designs and Patents Act
1988 (CPDA).
• It has been subject to various amendments
over time, including revisions recognising the
digital age in 2003, and with a recognition of
changes of practice in the creative industries
and education in 2014.
• Who is the Copyright owner?
– the Creator of original material recorded in a
permanent format
Rights granted by Copyright
The copyright owner controls who may
• copy the work
• issue copies of the work to the public
• rent or lend the work to the public
• perform, show or play the work in public
• communicate the work to the public – includes
making the work available online, and
broadcasting it
• make an adaptation of the work
It is an infringement to carry out any of these
restricted acts to the whole, or any substantial
part of a work, without licence or permission.
A scary story…
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.
So…
• there is no definition of “substantial”
• no magic formula is used
• The quality as well as the quantity of what is
copied is considered when determining
whether infringement has occurred.
What you CAN do…
• Copy limited extracts from all types of published copyright works
(literary, dramatic and musical works, plus - from June 2014 - sound
recordings, films or broadcasts) for non-commercial research and
private study
• Quote from copyright works for the purpose of criticism, review,
news-reporting (CDPA s.30 (1), June 2014 ) and other purposes as
long as this is reasonable and fair (CDPA s.30(1ZA), October 2014)
• Make copies of any copyright material for the purpose of
computational analysis (e.g. text or data-mining) if you already have
the right to read the work (CDPA s.29A, June 2014)
• Copy for the sole purpose of “illustration for instruction” e.g. use
extracts from films, sound recordings and broadcasts as well as
from literary, dramatic and musical works to illustrate a teaching
point (CDPA s.32, June 2014)
The Law
• The law on quotation for criticism and review in the UK
is found in Section 30(1) of the CPDA 1988:
• http://www.legislation.gov.uk/ukpga/1988/48/section/
30
• The law on general quotation is now found in Section
30(1ZA) of the CDPA. The new exception was
introduced by the Copyright and Rights in
Performances (Quotation and Parody) Regulations
2014 which is available here:
• http://www.legislation.gov.uk/ukdsi/2014/9780111116
029
• All the above are subject to “Fair Dealing”
• And all require sufficient acknowledgement
(author, title, publication details).
What is “Fair Dealing?”
• Fair Dealing for Research and Private Study (CDPA s.29)
• There is no statutory definition
• Covers copying for private study, non-commercial research,
criticism or review, news reporting
• To qualify as fair and reasonable only an insubstantial
amount can be copied
• Generally accepted to mean you have permission to copy
as long as the act of copying will not harm or prejudice the
legitimate interests of the rights holder.
• Will always be a matter of fact, degree and impression in
each case
• Not a right – is subject to challenge
Fair Dealing – what to consider?
• “How would a fair-minded and honest person have
dealt with the work?”
• How would you feel if it was your work being copied?
• Does using the work affect the market for the original
work?
• Does the use of the work act as a substitute causing
the owner to lose revenue?
• Is the amount taken reasonable and appropriate?
• Will the act of copying harm or prejudice the legitimate
interests of the rights holder?
Your print thesis
• is an unpublished work
• has historically been viewed as an examination script
• copying for the purpose of examination is now
provided for under “Illustration for instruction” (CDPA
s.32, June 2014)
• so the legislation allows you to include third party
copyright material provided it’s accompanied by
sufficient acknowledgement and its use is considered
“fair dealing” i.e. the amount of the work being copied
is reasonable and proportionate for your purposes.
What is third party material?
• Quotations and extracts from other people’s
publications e.g. books and journals
• Illustrations, photographs, diagrams, maps,
graphs
Your digital thesis
• will be made available online, and is therefore
deemed to be published
• so you will have different responsibilities with
regard to any third party copyright material
you use
Your digital thesis
Under “Fair Dealing” you may still use third party
copyright material without permission here,
provided:
• it’s already publicly available
• it’s accompanied by sufficient acknowledgement
• you’re using it for the purpose of criticism or
review (CDPA s.30)
• Your quotation (or other extract) is no more than
is required for your specific purpose (CDPA
s.30,October 2014)
e.g. a short quotation that’s necessary and
relevant to your work, which accurately
acknowledges the source, author, artist or
creator of the work, and gives a title or other
identifying description of the work being copied.
But this will not apply to
• a substantial quotation e.g. a whole poem, a
large amount of text
• a photograph
Photographs in digital theses
• The exceptions provided by CDPA s.30 Fair Dealing will only
cover photographs in exceptional circumstances.
• It would not be considered fair dealing if the proposed use
of a copyright photograph would conflict with the copyright
owner’s normal exploitation of his/her work.
• e.g. the ability to sell or license copies of photographs for
use in newspapers etc. would be normal exploitation.
• So permission will have to be sought
• But first…
Is it out of copyright?
Copyright of published material lasts for fixed
periods of time:
• Literary, dramatic, musical & artistic works,
films – 70 years
• Sound recordings – 50 years
• Published editions – 25 years
Quoting from unpublished material
• There is no fair-dealing exception when
quoting from unpublished material e.g.
manuscripts from an archive
• A high proportion of archival material is
(oddly) still in copyright
• Before the CDPA came into force in 1988,
unpublished work enjoyed perpetual
copyright
• Then things changed…
• The CDPA introduced a fixed term for
unpublished works
• Where the author died before 1969 and the work
was unpublished before August 1989, it will be in
copyright till 2039 (50 years after the CDPA came
into force)
• We are waiting for legislation to be introduced
which will change the copyright term to “life of
the author plus 70 years” in line with other
European countries.
• So you will always have to request permission
to quote or use unpublished material, for both
your print thesis and your digital thesis
Requesting permission
• Guidance on University website at:
http://www.standrews.ac.uk/students/rules/copyright/
• Template letter
www.standrews.ac.uk/media/library/documents/ethesis_perm
issions_letter.doc
Requesting permission
• Further guidance on the gov.uk intellectual
property pages
• Licensing bodies and collecting societies e.g.
•
•
•
•
PRS for Music (Performing Rights Society)
Publishers Licensing Society
CLA
Authors’ Licensing and Collecting Society (ALCS) etc.
• WATCH Copyright File (University of Reading)
(Writers Artists and Their Copyright Holders)
N.B.
•
•
•
•
•
Plan ahead
Allow plenty of time to consider all options
Does Fair Dealing apply?
Seek permission as you go along – in writing
Keep records safe
Where permission is not granted
•
•
•
•
No response = No permission
Decide how to manage this
Embargo electronic deposit?
Prepare an edited version for placing in
Repository?
Useful links
• University website

http://www.st-andrews.ac.uk/students/rules/Copyright/
• Guidance Note – overview of copyright
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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/intellectualproperty/copyright
• IPO training tool - http://www.ipo.gov.uk/blogs/iptutor/
Useful links
• Creative Commons http://creativecommons.org
Offers copyright licences designed for the online
environment
Standardised
Specific terms and conditions
Copyright owner retains ownership but grants
others permission to use under certain conditions
Useful FAQ https://wiki.creativecommons.org/FAQ
A few misconceptions?
I have only used a
small extract and
properly referenced
the source.
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.
Any questions?