1. HOW DOES COPYRIGHT AFFECT USING AND CREATING PRINT AND ELECTRONIC MATERIALS? Charles Oppenheim Crosshouse Hospital, 24 th November 2011

2. THE BACKGROUND CLA NHS Scotland licence expired at the end of March and has not been renewed So you need to know what the law allows you to do in the absence of the licence It is really important that you do follow the law, as the CLA and its copyright owner stakeholders will be anxious to ensure your lawful practices

4. WHAT IS COPYRIGHT? Not really the right to copy Right to prevent third parties from copying (and doing certain other things) to the material without permission Must involve something new, i.e., not copied Automatic - no need to register, pay fees, etc. No compulsory © Created simultaneously in all major countries of the world

5. WHAT IS PROTECTED? Literary works (focus for today), dramatic works, musical works Artistic works Sound recordings Films, videos Radio and TV broadcasts Each has subtly different rules and traditions, unfortunately

6. LITERARY WORKS Printed Hand-written Everything in machine-readable form Internet, Web pages….. No implication of literary merit Single words, facts, short sentences do not get copyright, but headlines and titles CAN sometimes enjoy copyright – taken on a case by case basis

7. LIFETIME – LITERARY WORKS Author’s life + 70 years If anonymous, or created as part of employee duties, then 70 years from end of the year when it was published (Other media types sometimes have different lifetimes, special rules for unpublished works, Government works, etc.)

8. AFTER COPYRIGHT HAS EXPIRED The material is said to be in the “public domain” You can then do what you like with it It is reasonable to assume that anything published that is over 120 years old is out of copyright But N.B. unpublished photos and manuscripts remain in copyright till 31 December 2039

9. RESTRICTED ACTS Copy Issue (physical) copies to the public Rent or lend (though libraries ARE allowed to do this) Perform, show or play in public Broadcast Adapt or amend the work Communication to the public, e.g., placing on a Web site, attaching to emails, putting on an Intranet, etc. Note that “the public” includes any sub-set of the public comprising two or more people

10. TO INFRINGE You must do the restricted act on either the whole work.......or to a “substantial part” of that work “Substantial” is NOT what you think it is – it can be a very small proportion – just so long as it is IMPORTANT

11. SO HOW CAN ONE COPY? Make use of material where the owner has EXPLICITLY waived copyright or has given a Creative Commons or similar free licence, e.g., Open Access Repositories Buy a licence from the copyright owner, or someone who acts on its behalf, as NHSS has done with electronic resources

12. LICENCES Copyright owner, or his/her/its authorised representative (licensor) grants licensee rights to do certain restricted acts In return, fees are (usually) paid and terms and conditions imposed – you must follow them, or you are in breach of the licence and may be infringing Indemnity often provided to you, though quite how useful such an indemnity is is debatable An example was the CLA Licence for NHS in Scotland NHSS has a large number of electronic licences

13. EXCEPTIONS TO COPYRIGHT CURRENT NHSS POLICY IS THAT NHSS STAFF DO NOT PHOTOCOPY THIRD PARTY MATERIALS UNDER THE FAIR DEALING OR LIBRARY PRIVILEGE EXCEPTIONS TO COPYRIGHT Under special circumstances, other exceptions can be used, e.g., judicial proceedings, examination exception Students, social workers, public CAN copy under all exceptions, including fair dealing, on NHSS premises

14. MAJOR DIFFERENCES FROM HITHERTO FOR LIBRARIANS/END USERS The law does not allow the librarian or users to make multiple photocopies Only people who can make “fair dealing” copies are students, social workers, public who are on the premises No more scanning of third party materials! No distribution of scanned materials on Intranet, by e mail. Delete (or “lock up”) all scanned materials (but NB, stuff from e only licences is OK) No copying for training/educational purposes except for examination purposes But NO CHANGE to the way you handle materials for which NHSS has electronic licences, or for home grown materials – carry on as before with them YOU NEED TO MAKE SURE YOU AND ALL YOUR COLLEAGUES ABIDE STRICTLY TO THE LETTER OF THE LAW

15. ELECTRONIC COPYRIGHT Everything in machine-readableform is copyright - digitised images, email, Web sites,e journals, databases, etc. Just because it is available and free of charge does not change things There is not necessarily an implied licence to copy – e.g., a University Department’s Web pages (Bransfield University example) Always put yourself in the position of the copyright owner

16. LINKING Placing a link to a URL of a home page is never infringement Providing a link and short title or name of other web site is not infringing, but with a long title it might be Providing a link, title and text may well be infringement Be cautious about “deep linking” Although it isn’t illegal to provide a link to a URL for a Web site that contains infringing materials, it is poor practice - make sure you and your staff don’t do this!