Making Sense of Copyright CILIP in Kent November 2014 Chris Morrison Copyright and Licensing Compliance Officer University of Kent © University of Kent 2014

Making Sense of Copyright for CILIP in Kent November 2014Page 2 Contents What is copyright? How does copyright work? Licences Group Exercise Tea / coffee break Key exceptions for HE and FE Orphan Works Summary and scenarios Links

INFORMATION SERVICES Copyright policy Copyright licences Copyright training Copyright advice Software licences Copyright and Licensing Compliance at Kent Making Sense of Copyright for CILIP in Kent November 2014Page 3

What is copyright? A type of “Intellectual Property” covering creative works Others include: Moral rights Performance rights Database rights Design rights Trade Marks Patents Trade secrets (confidentiality) Making Sense of Copyright for CILIP in Kent November 2014Page 4 Image: Alan Cleaver

Copyright and Related Rights Making Sense of Copyright for CILIP in Kent November 2014Page 5

Copyright Restricted Acts Making Sense of Copyright for CILIP in Kent November 2014Page 6 Under the Copyright, Designs and Patents Act 1988* the owner of the work has the exclusive right:Copyright, Designs and Patents Act 1988 a)to copy the work b)to issue copies of the work to the public c)to rent or lend the work to the public d)to perform, show or play the work in public e)to communicate the work to the public f)to make an adaptation of the work or do any of the above in relation to an adaptation *

So when can you use copyright material? If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Making Sense of Copyright for CILIP in Kent November 2014Page 7

So when can you use copyright material? If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Making Sense of Copyright for CILIP in Kent November 2014Page 8

Copyright Duration Making Sense of Copyright for CILIP in Kent November 2014Page 9 Many different durations but the most relevant are: Published literary, artistic, musical or dramatic works – 70 years following death of the author Typographical copyright – 25 years from publication Unpublished literary, artistic, musical or dramatic works – either 70 years following death of the author or until 31 December 2039 (whichever is later) see #catch2039 herehere Crown copyright (UK Government) – usually 50 years after creation or publication Sound recordings/film –70 years after date of creation/release or death of director/writer/producer

So when can you use copyright material? If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Making Sense of Copyright for CILIP in Kent November 2014Page 10

Who owns the rights? Making Sense of Copyright for CILIP in Kent November 2014Page 11 Work produced by staff ‘in the course of employment s, papers, photographs Databases Film/sound recordings Software, etc. Teaching material Work not related to role ‘Scholarly’ works Lecture notes Books, articles Theses, essays Exam papers/responses InstitutionStaff/Student

So when can you use copyright material? If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Making Sense of Copyright for CILIP in Kent November 2014Page 12

Copyright as Property Making Sense of Copyright for CILIP in Kent November 2014Page 13 Has an “owner” May be “bought”, “sold” or “rented”

Licences Blanket licences such as CLA, ERA, PRS for Music and NLA Individual resources’ or software’s terms and conditions Specific permission acquired from creator/rights holder Creative Commons Licences Open Government Licence Copyright at the University of Kent - IS Session 4 February 2014Page 14

Collective ‘Blanket’ Copyright Licences Making Sense of Copyright for CILIP in Kent November 2014Page 15 BodyClass of workWhat is allowed CLA (Copyright Licensing Agency) Books, magazinesLimited copying and use on VLE ERA (Educational Recording Agency) UK TV broadcastsRecording and storage – Box of BroadcastsBox of Broadcasts NLA (Newspaper Licensing Agency) Newspapers, magazines Press clippings DACS (Design and Artists Copyright Society) Artistic images (including photos) Reproduction of visual art works PRS for Music PRS for Music / PPLPPLMusical works / sound recordings Public performance, audio products, online services FilmbankFilmbank, MPLCMPLCFeature filmsShowing film/TV in non- educational context

Creative Commons and Open Licensing Making Sense of Copyright for CILIP in Kent November 2014Page 16

Creative Commons and Open Licensing Making Sense of Copyright for CILIP in Kent November 2014Page

So when can you use copyright material? If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Making Sense of Copyright for CILIP in Kent November 2014Page 18

Copyright Exceptions Making Sense of Copyright for CILIP in Kent November 2014Page 19 Fair Dealing Provisions: Non-commercial research & private study Quotation, criticism & review and news reporting Caricature, parody and pastiche Illustration for instruction Text and data mining Privileges for libraries and archives Accessible copies for disabled users

Moral Rights Making Sense of Copyright for CILIP in Kent November 2014Page 20 Relate to a creator’s personality as expressed in his or her work. Attribution - the right to be identified as the author Integrity – to object to derogatory treatment of the work It must be asserted Duration is the same as that for copyright

Performers’ Rights Making Sense of Copyright for CILIP in Kent November 2014Page 21 Arises automatically on recording Lasts for set duration of 70 years from the date of performance Provides monopoly rights to owner, with some ‘exceptions’

Database Rights Making Sense of Copyright for CILIP in Kent November 2014Page 22 Copyright and Rights in Databases Regulations 1997 A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means. Databases created on or after 1 January 1983 Requires a ‘substantial investment in obtaining, verifying, or presenting the contents of the database.’ Restricts unauthorised extraction or re-utilisation of all or a substantial part of the contents of a database. Protection lasts for 15 years

Summary of the theory Making Sense of Copyright for CILIP in Kent November 2014Page 23 Copyright – covers all ‘fixed’, original creative works Restrictions on what you can do without permission Related rights – moral, performers, database Some instances where you can do some things All of which has become really important in a digital context

Group Exercise 1 1.Is each item protected by Copyright? 2.What type of copyright works are included?: Literary, Artistic, Dramatic, Musical, Broadcast, Sound Recording, Film. 3.Are there any other related rights?: Performance Rights, Moral Rights, Database Rights. 4.Who owns the rights in each item? Copyright at the University of Kent - IS Session 4 February 2014Page 24

Hargreaves Review of IP and Growth Making Sense of Copyright for CILIP in Kent November 2014Page 25

Hargreaves Timeframe Making Sense of Copyright for CILIP in Kent November 2014Page 26 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 published March 2014 All new exceptions effective 1 October 2014

Extension of Copyright Making Sense of Copyright for CILIP in Kent November 2014Page 27 CC BY SA - Eva Rinaldi – Music News Australia 2013

Extension of Copyright Making Sense of Copyright for CILIP in Kent November 2014Page 28 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 Making Sense of Copyright for CILIP in Kent November 2014Page 29

Copyright Exceptions The following slides provide an overview of the copyright exceptions which are of key importance to UK higher education institutions. They are not comprehensive, nor do they provide full details of the provisions within the Copyright, Designs and Patents Act 1988.Copyright, Designs and Patents Act 1988 If you find anything in these slides which appears to be inaccurate or misleading please contact Making Sense of Copyright for CILIP in Kent November 2014Page 30

Key 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 Making Sense of Copyright for CILIP in Kent November 2014Page 31

Key Exceptions to Copyright 2 S35 – Recording of broadcasts S36 – Copying and extract of works by educational establishments S36 – Copying and extract of works by educational establishments S41 – Library privilege copying for other libraries S41 – Library privilege copying for other libraries S42 – Library/archival preservation Making Sense of Copyright for CILIP in Kent November 2014Page 32

Key Exceptions to Copyright 3 S42A – Library Privilege copying for patrons S43 - Library copies of unpublished works S40B - Making works available on dedicated terminals S40B - Making works available on dedicated terminals S29A - Text and data mining No override by contract Making Sense of Copyright for CILIP in Kent November 2014Page 33

Research and Private Study – S29 Before 1 June 2014 Limited, ‘fair dealing’ Non-commercial Literary, dramatic, musical and artistic works only Contractual terms can override exception After 1 June 2014 Limited ‘fair-dealing’ Non-commercial All copyright works including sound recordings and films No override by contract Making Sense of Copyright for CILIP in Kent November 2014Page 34

Quotation (Criticism and Review) – S30 Before 1 October 2014 Criticism & review does not cover ‘illustrative’ use Works must already have been made publicly available After 1 October 2014 Widened to cover any reasonable quotation Legitimises academic practice (citation) Must have been made publicly available Making Sense of Copyright for CILIP in Kent November 2014Page 35

Accessible copies for disabled users - S31 Before 1 June 2014 Restricted to people with visual impairments only Literary, dramatic, musical or artistic work Contractual override After 1 June 2014 Widened to all impairments which prevent equal access All types of copyright work No contractual override Doesn’t address DRM/TPM measures Making Sense of Copyright for CILIP in Kent November 2014Page 36

Fair dealing for instruction – S32 Before 1 June 2014 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 1 June 2014 Must be fair dealing Copying can be reprographic Examination exception narrowed  Covers all copyright works including sound recordings, films and broadcasts Making Sense of Copyright for CILIP in Kent November 2014Page 37

Recording of Broadcasts – S35 Before 1 June 2014 Non-commercial educational use ‘Communication to the public’ premises limitation Dove-tails with ERA licence After 1 June 2014 Non-commercial educational use ‘Communication to the public’ off premises via secure electronic network Dove-tails with ERA licence Making Sense of Copyright for CILIP in Kent November 2014Page 38

Copying and Use of Extract of Works by Educational Establishments – S36 Before 1 June 2014 Non-commercial ≤1% per work, per quarter, per institution Covers typographical arrangement Dove-tails with CLA licence After 1 June 2014 Non-commercial ≤5% per work, per year, per institution Includes incorporated works (e.g. illustrations) Dove-tails with CLA licence Making Sense of Copyright for CILIP in Kent November 2014Page 39

Library Privilege Copying for Other Libraries – S41 Before 1 June 2014 Supply of a journal article or whole or part of literary, dramatic or musical work Includes illustrations in context Contractual override After 1 June 2014 Supply of journal article or whole or part of any published work Will include sound recordings, films and broadcasts No contractual override Making Sense of Copyright for CILIP in Kent November 2014Page 40

Library/Archival Preservation – S42 Before 1 June 2014 Single copy of item in permanent collection Literary, dramatic or musical work Includes illustrations and typographical arrangement Contractual override After 1 June 2014 Copy an item in permanent collection All types of copyright work including sound recordings, films and broadcasts Items not publicly accessible or available on loan No contractual override Making Sense of Copyright for CILIP in Kent November 2014Page 41

Library Privilege Copying for Patrons – S42A Before 1 June 2014 ‘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 1 June 2014 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 does not have to pay cost of supply No contractual override Making Sense of Copyright for CILIP in Kent November 2014Page 42

Library Copying of Unpublished Works – S43 Before 1 June 2014 Literary, dramatic or musical works only Work must not have been published prior to deposit Copyright holder must not have prohibited copying Single copies only may be provided After 1 June 2014 All types of copyright work Work must not have been published prior to deposit Copyright holder must not have prohibited copying Single copies only may be provided Making Sense of Copyright for CILIP in Kent November 2014Page 43

Making Works Available Through Dedicated Terminals – S40B 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 For research or private study Access must be compliant with licensing terms if they exist Making Sense of Copyright for CILIP in Kent November 2014Page 44

Text and Data Mining – S29A New exception Use of algorithms to determine relationships in data Non-commercial use Requires legitimate subscription/access to dataset No contractual overrides Making Sense of Copyright for CILIP in Kent November 2014Page 45

Orphan works Making Sense of Copyright for CILIP in Kent November 2014Page 46 Works where rights holder is unknown or untraceable Previously required a ‘risk-managed’ approach UK Orphan works provisions in the ERR Act 2013 EU Orphan Works Directive Implemented in on 29 October 2014 Image: Lively as a Linnet: selected poems. John Gorman ( ). Plaistow Poets Press, Orphan work.Orphan work

Orphan Works UK Licensing Scheme Covers all types of Orphan Work (inc photographs) 7 year licence term Commercial and non- commercial use Requirement for reasonable searches Operated by the IPOthe IPO EU Directive Covers all text and audio visual works (but not artistic unless embedded) Non-commercial use Applies to cultural and educational organisations Reasonable searches recorded on a database No geographical restriction or time limit Making Sense of Copyright for CILIP in Kent November 2014Page 47

Summary and scenarios Making Sense of Copyright for CILIP in Kent November 2014Page 48

Contact and Making Sense of Copyright for CILIP in Kent November 2014Page 49 This presentation is © University of Kent, 2014 and is licensed under a Creative Commons Attribution 4.0 International licenceCreative Commons Attribution 4.0 International

Links IPO Guidance on changes to the law Copyight, Designs and Patents Act 1988 Unofficial Consolidation of CDPA 1988 Statutory instruments for:  Research, Education, Libraries and Archives Research, Education, Libraries and Archives  Quotation and Parody Quotation and Parody  Disability Disability  Public Administration Public Administration  Personal Copies for Private Use Personal Copies for Private Use Library and Archives Copyright Alliance JISC Legal guidance Copyright Hub Copyrightuser.org Making Sense of Copyright for CILIP in Kent November 2014Page 50