UK Copyright Reform: Implications for information services in HE and FE Chris Morrison Copyright and Licensing Compliance Officer University of Kent © University of Kent 2013

BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 2 Contents Introduction Hargreaves review and expected timeframes Other developments in copyright Key proposed exceptions for HE and FE Orphan Works Copyright Hub Summary and scenarios Questions

Disclaimer IANAL BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 3

INFORMATION SERVICES Copyright policy Copyright licences Copyright training Copyright advice Software licences Copyright and Licensing Compliance at Kent BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 4

Hargreaves Review of IP and Growth BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 5

Hargreaves Timeframe BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 6 Hargreaves’ report May 2011 Government response August 2011 Enterprise & Regulatory Reform (ERR) Act - Royal Assent April 2013 Copyright Hub launched July 2013 New exceptions legislation expected January 2014 New exceptions effective expected April 2014

Extension of Copyright BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 7 CC BY SA - Eva Rinaldi – Music News Australia 2013

Extension of Copyright BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 8 CC BY SA - Eva Rinaldi – Music News Australia 2013 Effective 1 November 2013 Extension of sound recording copyright from 50 to 70 years Performers rights extended to 70 years Musical works duration 70 years following death of either composer or lyricist (whichever is later) Copyright in mass produced artistic works extended from 25 years to life of designer plus 70 years

Hargreaves recommendations Rebalance copyright regime Format neutral Future proof Representative of digital practices and potential Evidence based BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 9

Key Proposed Exceptions to Copyright 1 S29 – Research and private study S30 - Quotation (criticism and review) S31 - Accessible copies for disabled users S32 – Fair dealing for instruction BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 10

Key Proposed Exceptions to Copyright 2 S35 – Recording of broadcasts S36 – Copying and extract of works by educational establishments S37 – Library Privilege copying for patrons S41 – Library privilege copying for other libraries BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 11

Key Proposed Exceptions to Copyright 3 S42 – Library/archival preservation S43 - Library copies of unpublished works S43A - Making works available on dedicated terminals S29A - Text and data mining No override by contract BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 12

Research and Private Study – S29 Before Limited, ‘fair dealing’ Non-commercial Literary, dramatic, musical and artistic works only Contractual terms can override exception After (expected) Limited ‘fair-dealing’ Non-commercial All copyright works including sound recordings and films No override by contract BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 13

Quotation (Criticism and Review) – S30 Before Criticism & review did not cover ‘illustrative’ use Works must already have been made publicly available After (expected) Widened to cover any reasonable quotation Legitimises academic practice (citation) Must have been made publicly available BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 14

Accessible copies for disabled users - S31 Before Restricted to people with visual impairments only Literary, dramatic, musical or artistic work Contractual override After (expected) Widened to all impairments which prevent equal access All types of copyright work No contractual override Doesn’t address DRM/TPM measures BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 15

Fair dealing for instruction – S32 Before Non-reprographic copying of literary, dramatic, musical and artistic works only Wide examination exception (not music) Sound recording/film exception Acknowledgement required if practical After (expected) Must be fair dealing Copying can be reprographic Examination exception to be narrowed?!?! Covers all copyright works including sound recordings, films and broadcasts BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 16

Recording of Broadcasts – S35 Before Non-commercial educational use ‘Communication to the public’ premises limitation Licensed by ERA After (expected) Non-commercial educational use ‘Communication to the public’ off premises via secure electronic network Licensed by ERA BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 17

Copying and Use of Extract of Works by Educational Establishments – S36 Before Non-commercial ≤1% per work, per quarter, per institution Covers typographical arrangement CLA licences take precedence After (expected) Non-commercial ≤5% per work, per year, per institution Includes incorporated works (e.g. illustrations) CLA licences take precedence BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 18

Library Privilege Copying for Patrons – S37 Before ‘Prescribed’ libraries Non-commercial research or private study Article in a periodical or part of literary, dramatic or musical work Declaration form Patron must pay cost of supply Contractual override After (expected) Not-for-profit library Non-commercial research or private study Reasonable proportion of any copyright work Declaration still required but not through set form Patron must pay cost of supply Contractual override?!?! BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 19

Library Privilege Copying for Other Libraries – S41 Before Supply of a journal article or whole or part of literary, dramatic or musical work Includes illustrations in context Contractual override After (expected) Supply of journal article or whole or part of any published work Will include sound recordings, films and broadcasts Contractual override?!?! BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 20

Library/Archival Preservation – S42 Before Single copy of item in permanent collection Literary, dramatic or musical work Includes illustrations and typographical arrangement Contractual override After (expected) Single copy (?!?!) of item in permanent collection All types of copyright work including sound recordings, films and broadcasts No contractual override BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 21

Library Copying of Unpublished Works – S43 Before Literary, dramatic or musical works only After (expected) All types of copyright work BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 22

Making Works Available Through Dedicated Terminals – S43A New exception Relates to a publicly accessible library, educational establishment, museum or archive Allows collection items to be viewed on site through ‘dedicated terminals’ Works must have been lawfully acquired Non-commercial research or private study No contractual override Query on ‘dedicated terminals’ definition BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 23

Text and Data Mining New exception Use of algorithms to determine relationships in data Non-commercial use Requires legitimate subscription/access to dataset No contractual overrides BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 24

Orphan works BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 25 Works where rights holder is unknown or untraceable Currently requires ‘risk-managed’ approach UK Orphan works provisions in the ERR Act 2013 EU Orphan Works Directive – to be implemented in UK by 29 October 2014

Orphan Works UK Licensing Scheme Covers all types of Orphan Work (inc photographs) Time limited (probably 7 years) Commercial and non- commercial use Requirement for reasonable searches Outstanding questions EU Directive Covers all text and audio visual works (but not artistic unless embedded) Applies to cultural and educational organisations Requirement for reasonable searches recorded on a database No geographical restriction or time limit BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 26

Copyright Hub Industry led Aimed primarily at SMEs Links rights databases and information Education establishments needs to be addressed BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 27

Summary and scenarios BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 28

BUFVC AGM 29/11/13 - UK Copyright Reform: Implications for information services in HE and FEPage 29