Copyright 101 – what you need to know when writing your thesis Dr Alice Crawford Copyright Officer April 2018

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… Poem by Rudyard Kipling. Image: http://www.kiplingsociety.co.uk/ Image: www.ebay.com

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: ttp://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/uksi/2014/2356/contents/made From http://copyrightuser.org/topics/quotation/

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.st-andrews.ac.uk/students/rules/copyright/ Template letter www.st-andrews.ac.uk/media/library/documents/ethesis_permissions_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) PLS (Publishers Licensing Society) CLA (Copyright Licensing Agency) DACS (Design & Artists Copyright Society) ALCS (Authors’ Licensing and Collecting Society) 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

Filippo Silvestri, Contribuzioni alla conoscenza biologica degli imenotteri parassiti. I. (Portici: Premiato Stab-Tip. Vesuviano, 1906) [Contributions to the biological knowledge of the hymenoptera parasites]

Journal published for the Regia Scuola Superiore di Portici Filippo Silvestri (1873 – 1949) Journal published for the Regia Scuola Superiore di Portici Regia Scuola incorporated into University of Naples in 1930s Department of Agriculture still in same buildings in Portici Filippo Silvestri 1873-1949 Journal was published for the Regia Scuola di Agricoltura di Portici, which was incorporated into the University of Naples in the 1930s. Librarian in the University’s Department of Agriculture, which occupies the original buildings of the Scuola Superiore, confirms that the University now holds the copyright. She confirmed with her Head of Department that the figure could be used with their permission. Helpful librarian! University now holds the copyright Permission granted.

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?

Protecting your own copyright 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

CC BY-NC-ND 4.0 International Licence BY = the work must be attributed to you NC = the work may not be used for commercial purposes ND = the work may not be altered, transformed or built on in any way. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode

Useful links University website https://www.st-andrews.ac.uk/students/rules/copyright/

Useful links Copyright User http://copyrightuser.org/

Useful links UK Intellectual Property Office https://www.gov.uk/intellectual-property/copyright

Useful links IPO training tutorial http://www.ipo.gov.uk/blogs/iptutor/

Copyright law only applies if I copy the work word for word. 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. Copyright law only applies if I copy the work word for word. It’s almost impossible to prove copyright infringement.

Any questions? Image: Red version of Image: Emblem-important.svg by Giancarlocan. CC BY_SA_3.0