Durham PGR Part-time Summer School 2015 Session: Copyright for Researchers See also: - Presentation - Handouts 1-4: Copyright for Researchers

1. Copyright for Researchers
Colin Theakston
Academic Liaison Librarian

2. What is Copyright?
• Copyright protects the moral and economic rights of
writers, publishers and other creators.
• Copyright is protected by the Copyright, Designs and
Patents Act 1988 and subsequent Statutory
Instruments. Copyright applies to physical materials
and to the electronic environment.
• Copyright is infringed by copying without permission.
• Copyright law and associated licences are highly
complex.
• All staff and students of the University have obligations
to observe copyright law and the terms of associated
licences.

3. Copyright is automatic
• Cannot copyright an idea
• Can have copyright over the “physical
expression “ of that idea.
• The copyright is enforceable once the work is
“fixed”, which includes saving to disk or
writing it down on paper

4. Copyright Ownership
• 1st owner, normally author
• Commissioned works
• Works created during the course of
employment
• Copyright as “property”

5. The rights of authors
• The owner of the copyright in a work has the exclusive right to:
• Copy the work
• Issue copies of the work to the public
• Perform, show or play the work in public
• Broadcast the work or include it in a cable programme service
• Make an adaptation of the work or do any of the above in relation
to an adaptation
The author, director or commissioner of the work, whether or not
that person is the copyright owner, has the following rights:
• To be identified as author or director
• To object to derogatory treatment of the work
• The right to privacy of certain photographs and films

6. Length of copyright
• Books & Journals - 70 years
• Music - 70 years
• Artistic Works - 70 years
• Films - 70 years
• Maps - 50 years
• Newspapers - 70 years
• UK Official Pubs - 50 years
• Broadcasts - 50 years
• Unpublished Works - 70 years
Note – The terms above only begin on the death of the copyright owner.

7. The legislative basis for copyright
• Copyright is a property right intended to protect the
rights of those who create works of various kinds. The
basis of UK copyright law is the Copyright, Designs and
Patents Act 1988.
• The Act states that copyright is a property right and can
lie in the following types of work:
• Original literary, dramatic, musical or artistic works
• Sound recordings, films, broadcasts or cable
programmes
• The typographical arrangement of published editions

8. Copyright Exceptions
• Copyright is not infringed where limited
copying is carried out within
• the concept of fair dealing
• the terms of a licensing scheme
• written permission of the copyright holder
(“clearing copyright”)

9. Copyright Licences
Blanket licences
• are purchased by organisations from agencies
and suppliers acting on behalf of copyright
holders
• set out the terms under which use of
copyright material is permissible within the
institution for educational purposes

10. Copyright licences held by the
university
The University holds licences which enable it to use some copyrighted
works for educational purposes without breaching the Copyright,
Designs and Patents Act 1988. The University is licensed under:
• The Copyright Licensing Agency Photocopying and Scanning Licence
• The Newspaper Licensing Agency Educational Licence
• The Ordnance Survey Educational Copyright Licence
• The Educational Recording Agency Educational Recording Licence
• The Open University Licensed Off-air Recording Scheme
• The University also subscribes to the British Universities Film and
Video Council (BUFVC) Off-air Recording Backup Service.

11. Fair Dealing
Fair Dealing applies to
• paper to paper copying only (i.e. to photocopying from
print originals)
• copying by individuals of short extracts for the purpose
of
– private study
– non-commercial research
– criticism or review

12. Parody or Rip-off?

13. Parody or Rip-off?

14. Parody or Rip-off?

15. Parody or Rip-off?

16. Reputational damage.

17. Fair Dealing
• The extent of fair dealing is not specified by the
legislation. Generally accepted guidelines are whichever is
the greater of
• one chapter or 5% of a book
• one article or 5% of an issue of a journal
• one paper or 5% of a set of conference proceedings
• one case or 5% of a law report
• one poem or short story not exceeding 10 pages from an
anthology
• (thus, copying more than one chapter is acceptable
provided that copying does not exceed 5% of the total
length of the book.)

18. Digital Copyright
• When using internet sources please remember
that “free to view, does not mean free to use!”
• Please do not upload any of the following to the
internet or VLE without permission
– Deep link directly to a journal article
– Images, paintings or photographs
– A copy of a map
– Annual accounts or in-house brochures
– Logos or trademarks
– Newspaper articles

19. What you can do online
• Shallow link to a web home-page
• Use copy free images or photographs
• Use short quotations, but stay within CLA
guidelines & acknowledge the source used
• Paraphrase or refer to recognized theories in
your own words (but attribute the source)

20. Crown and parliamentary copyright
• Crown copyright covers material created by civil
servants, ministers and government departments
and agencies.
• It is legally defined under section 163 of the
Copyright, Designs and Patents Act 1988 as
works made by officers or servants of the Crown
in the course of their duties.
• Copyright can also come into Crown ownership
by means of assignment or transfer of the
copyright from the legal owner of the copyright
to the Crown.

21. Re-use of public sector information
• OPSI licence a wide range of Crown copyright and Crown database
right information through the Open Government Licence and the
UK Government Licensing Framework
The OPSI insist that users
• re-use the information accurately
• acknowledge the source of the information
• not re-use the information in a deliberately misleading way
• not re-use the information for promotion or advertising purposes
• not imply endorsement by Directgov, another government
department or other public sector organisation
• not mimic the style and appearance of the original information, for
example by replicating the look of Directgov

22. Orphan Works
• Copyrighted works for which the owner
cannot be located
• Problem of seeking to identify and clear the
rights
• Must undertake diligent search for owner
• Can sometimes lead to unreasonable
demands for recompense or the threat of
litigation

23. Creative Commons
• Creative Commons Licences are pre-prepared licences intended to
help copyright holders distribute their work, defining how it can be
used by others whilst the authors retain their rights, particularly
their copyright, in the work.
• The Creative Commons movement has produced a number of
licences (currently there are seven main licences) which authors can
take ‘as given’ or adapt to their requirements. The author then
‘attaches’ the appropriate licence to the work and that licence
becomes the set of rules that the author expects the copiers to
obey when they copy the work. The licences tend to be ‘more
permissive’ than licences from commercial publishers, and their
basic idea is to permit, and almost encourage, the copying of the
works as long as due acknowledgement is given to the original
author as its source.

24. Creative Commons Licenses
• How does it work?
• Attribution (CC-BY)
• Attribution Share Alike (CC-BY-SA)
• Attribution No Derivatives (CC-BY-ND)
• Attribution Non-Commercial (CC-BY-NC)
• Attribution Non-Commercial Share Alike (CC-BY-
NC-SA)
• Attribution Non-Commercial No Derivatives (CC-
BY-NC-ND)
• CCZero (CC0)

25. Creative Commons - example

26. Calculating Risk?!
• If you are unsure about using another person’s material
please consider doing the following before going ahead;
• Seek advice from the library at
https://www.dur.ac.uk/library/copyright/
• Use the Risk Management Calculator created by Naomi Korn
at http://www.web2rights.com/OERIPRSupport/risk-
management-calculator/

27. Copyright pages of interest
• Information on copyright can be viewed at
– http://www.dur.ac.uk/library/copyright/
If your copyright query cannot be answered there
then contact us. We cannot give legal advice, but
we can provide guidance.

28. Conclusion
Durham University Library can provide guidance to members of the university
on matters of Copyright and the copying of material for research, teaching
and learning at the university.
• In general, you CAN copy material IF:
• the material is 'out of copyright'
• you are the copyright owner
• you have a visual impairment
• you have the permission of the copyright owner
• you are copying within the accepted limits of 'fair dealing' for:
– non-commercial research
– non-commercial private study
– criticism or review
– reporting of current events
• the University holds a licence for the type of copying you want to carry out.
• If in doubt - DON'T copy - seek advice.

29. Durham contacts
• University Copyright Officer.
Colin Theakston
Telephone : 0191-3342970
E-mail : colin.theakston@durham.ac.uk
• Library Digitisation Service.
Katharine Davidson-Brown
Telephone : 0191-33442967
E- mail : j.k.davidson-brown@durham.ac.uk