(c) Paul Pedley1 Copyright – staying legal IFEG/MI/AEBIG meeting

(c) Paul Pedley2 Disclaimer Paul Pedley is not a lawyer and is not able to give legal advice. This session is intended to raise awareness of the issues. No legal advice will be given and if appropriate you should consult a lawyer

(c) Paul Pedley3 Copyright compliance Legal requirement But also a need to comply with professional code of ethics CILIP - ethical principles

(c) Paul Pedley4 Is the copying authorized by: statute permission contract licence

(c) Paul Pedley5 What is the purpose of the copying for private study for research for a non-commercial purpose to criticize another’s work to review another’s work for instruction for examination for parliamentary or judicial proceedings for those with a visual impairment

(c) Paul Pedley6 STEP 1 – Identify and trace the rights holder STEP 2 – Seek their explicit permission STEP 3 – Get their authorization STEP 4 – Contract setting out specific conditions of use

(c) Paul Pedley7 Tracing copyright holders The publisher The principal author Biographers of the author Directories and authors/publishers societies WATCH Advert in relevant journal Still no luck? Are you willing to take the risk?

(c) Paul Pedley8 What is infringement Unauthorised reproduction of a work still in copyright Copyright is not infringed unless the whole or a substantial part of a work is copied (CDPA 1988 s16(3)(a)) Can be by exact photographic reproduction, but also copying a text by hand or inputting it into a word processor

(c) Paul Pedley9 Primary Infringement If any of the copyright owners economic rights are used without permission, this is primary infringement

(c) Paul Pedley10 Secondary infringement There are also some acts which could be said to be “secondary infringements” (ss22-26) Importing an infringing copy Possessing or dealing with an infringing copy Providing the means for making infringing copies Permitting the use of premises for infringing performance Providing apparatus for infringing performance

(c) Paul Pedley11 What are the consequences Civil action through the courts In certain cases now, criminal action with the possibility of prison terms (fine or imprisonment up to 10 years s107) Bad publicity, harm to reputation if any legal action is successful Damages (s96) Injunction (s96) Financial: damages or account of profits (s98) Surrender of infringing copies (s100) Undertaking to take licence of right in infringement proceedings (s98)

(c) Paul Pedley12 Minimising risk and risk management Does your organisation make copies of material What material is copied Does the copying fall within one of the exceptions (library copying, fair dealing etc) Is the same item copied many times for substantially the same purpose at substantially the same time by people working or studying together

(c) Paul Pedley13 Levels of risk Low risk activities Medium risk activities High risk activities

(c) Paul Pedley14 Copyright posters CILIP posters Gold poster for display beside photocopying and optical scanning machines Blue poster covers downloading from databases and copyright from the internet, for display by computer workstations and printers CLA Copyright notices Excluded works list

(c) Paul Pedley15 Keeping within the terms of licence agreements Check the terms of licensing scheme - make sure you are familiar with terms and fully understand them Be particularly sure you don’t copy more than is stipulated in the contract If you believe a proposed licence will not work for you, negotiate with whoever is providing the licence DON’T just ignore the terms once you have signed

(c) Paul Pedley16 Company documentation Responsible use of the intranet Staff handbook Notice on electronic products forwarded by