June Weir FOI/Copyright/Records Manager March 2015

Copyright Copyright protects the rights of creators Literary, dramatic, musical, artistic works, sound recordings, films or broadcasts Typographical arrangements of published editions It is automatic, no need to: – Register the work – Display © symbol

Copyright Copyright owner – Creator of original material recorded in a permanent format Seems straight forward……. – Oscars awards (2014) – who owns DeGeneres’ selfie? – related-question-right-from.html related-question-right-from.html

Copyright Acts restricted by copyright – The owner exclusive right; Copy the work Issue copies to the public Perform, show or play the work in public Broadcast the work Make an adaptation of the work – Infringement to carry out restricted act: Whole or any substantial part of work without licence/permission

Copyright What is substantial?  Undefined  No magic formula  Consider quality as well as quantity Case Law Four lines from a 32 line poem? In Kipling v Genatosan [ ] MacG Cop Cas 203, the court held that reproduction of 4 lines from Kipling’s 32 line poem “If” amounted to copyright infringement.

Provisions that allow a certain amount of copying Thesis - what are they? – Copying and use of extracts of works (educational establishments) – Criticism, review, quotation and parody – Non-commercial research and private study – Illustration for instruction All subject to Fair Dealing All require sufficient acknowledgement (title, description, author) Permitted Acts

Not defined in the legislation – “Dealing” a form of general behaviour – “Fair” can only be decided in a court of law Subject to challenge Generally accepted to mean general permission to copy as long as: – The act of copying will not harm or prejudice the legitimate interests of the rights holder. What does Fair Dealing mean?

How would a fair minded and honest person have dealt with the work? How would you feel if it was your work being copied? Will using the work affect the market of the original work? Does the use of the work act as a substitute causing the owner to lose revenue? Is the amount being used reasonable and appropriate? Fair Dealing – what to consider?

Original Thesis – unpublished work – Purposes of examination Section 32: Illustration for Instruction – Covers examination use – Reproduction of third party material – Fair Dealing/non-commercial purpose – Accompanied by acknowledgement Thesis

Copyright - Thesis What constitutes a published thesis? – Whole or part of thesis is made available to the public – Print, electronic or in a repository What does this mean? – Section 32 exception no longer applies – Permission for use of third party material – Or submit an edited version for placing in the repository – Or???

Copyright – Thesis Does another statutory exception apply? – Private study – Research for a non-commercial purpose Criticism, review, quotation and news reporting (S30) – All types of work – Fair Dealing – Reasonable and proportionate E.g. amount quoted is no more than is required – Accompanied by sufficient acknowledgement – Work already made available to the public Not a right to use but a legal defence should use be challenged

Copyright – Thesis UK Case relevant to fair dealing provisions – Sillitoe v McGraw-Hill Book Co [1983] FSR 545: Defendant copied and imported adaptation of play from claimant’s O level study notes for use in exam preparation. Claimed defence of fair dealing for criticism and review purposes. – No defence found under fair dealing – Court found: (i) no criticism and review involved; (ii) insufficient acknowledgement; Underlying rationale use will harm the rights or prejudice the rights holder;

Copyright – Thesis Consider: Is third party material being used? How old is it? – Duration – copyright lasts for fixed periods of time Literary, dramatic, musical, films – 70 years Sound Recordings – 50 years Published Editions – 25 years

Copyright – Thesis Consider: – Does a statutory permission apply? – Is permission for use of third party material needed Template letter University Website: andrews.ac.uk/students/rules/copyright/ andrews.ac.uk/students/rules/copyright/

Copyright - Thesis Golden Rules Plan Ahead Develop good habits Give plenty of time to consider all options Does Fair Dealing apply Seek permission as you go along – in writing Keep records safe

Copyright - Thesis Where permission is not granted No response = No permission Decide how mange this Embargo electronic deposit Prepare an edited version for placing in Repository

Useful Links  Information available on University’s website at:   Guidance Note - Overview of copyright  What material it covers  Duration  Use of Third Party Material  Contact numbers  Template permission letter  Copyright User online resource  Intellectual Property Office - property/copyrighthttps:// property/copyright  Intellectual Property Office training tool -

Useful Links  Creative Commons Copyright licences designed online environment Standardised Specific terms and conditions Copyright owner retains ownership but grants permission under conditions to license to anyone, anywhere to use Useful CC FAQ -  Information sourced from internet: Check terms and conditions carefully

A few misconceptions? 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. I have only used a small extract and properly referenced the source.

Any questions