1. Copyright Law in the Electronic Age
or… I can’t be arsed with all this copyright crap!
Michael Heaney
Executive Secretary
Oxford University Library Services

2. Copyright in the electronic age
What is copyright?
Things you can do
Licences
Digital copying
The Web
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3. What is copyright?
Automatic right of ownership in intellectual property
Control of copying, publishing, adapting
Applies to:
Literary, dramatic & musical works
Artistic works (incl. illustrations, photographs, maps and diagrams)
Sound recordings
Films and Videos
Databases, computer programs
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4. Duration and scope of copyright
Automatic if ‘fixed’
70 years after death of creator
Text, images and film
50 years after creation/publication
Sound recordings , performances, broadcasts
Several different copyrights in one work
Author and illustrator
Director, screenwriters and composer
Artist and photographer
Copyright is where you are!
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5. Other rights Moral rights (must be asserted to be valid)
Rights in performance
Lectures!
Database right
Publication right / Rental and lending right
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6. Exceptions (‘Permitted acts’)
Criticism or review (400 words)
News reporting (not pictures)
Non-commercial research or private study
Education (1% per calendar quarter if no licence)
Examination (anything except music for performance: only for the examiners/ examinees)
Must be acknowledged
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7. Non-commercial research or private study
Intention and amount are relevant
Single copy
‘Insubstantial’ amount is OK
‘Substantial amount’
Is not defined but common understanding…
a chapter or 5% of a book
one article from a journal issue
one short story from a collection
‘non-performable’ music
artistic works??
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8. Licensing Copying over and above the limits Licence schemes
Coursepacks/Short loan (reprographic)
VLEs (digital)
Licence schemes
CLA (reprographic/digital: books/journals)
As ‘fair dealing’ limits, but multiple copies
NLA (reprographic: newspapers)
If signed up, up to 250 ad hoc copies
ERA/Open University (off-air video)
OS maps (reprographic)
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9. What are the problems? Reprographic copying Digital copying
Multiple copies/Handouts
Print to print: CLA licence solves most problems
Digital to print: no licence exists
Digital copying
Print to digital: no gentlemen’s agreement– publishers’ fears
Digital to digital: no licence exists
The web/VLEs
It counts as publishing not copying
CLA licence only a partial solution
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10. Printed sources - private use
Scanning
Image capture / OCR
Can it be fair? Publishers’ fears
Multiple copies
No degradation in quality
No gentlemen’s agreement (the ‘1 article/1 chapter’ rule)
Personal use probably OK
Keep it off a network
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11. Digital sources – private use
It’s not free to use
Hard to translate the ‘1 chapter’ guidance
Don’t on-copy, post to lists, circulate to colleagues
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12. Putting it on the Web
It’s publishing (now ‘communicating to the public’)
Intranet = Internet!
CLA digital licence
If not covered by licence – seek permission
No reply=no permission!
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13. CLA Digital licence Only for intranets (password protected)
Print to digital only: the usual limits
Doesn’t cover as many sources – e.g. no US journals
Can disembed but not modify images
Don’t need advance permission
Do need to log what you’re doing
Spreadsheet available from Academic Services and University Collections
It’s not an imposition it’s a legitimation!
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14. E-journals Governed by contract not by the law
See individual terms and conditions of contract
Some standard models
JISC/PA
NeSLi
NeSLi:…The Licensee may…allow Authorised Users to…incorporate parts of the Licensed Material in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) to be used in the course of instruction and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item shall carry appropriate acknowledgement of the source, listing title and copyright owner…
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15. Pitfalls in web use Deep linking/frames Beware of media Exams
Illustrations
Sounds
Exams
Past papers
Projects
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16. And finally… I am not a lawyer!!! You are responsible for what you do
Always know the legal basis for your copying
If in doubt – don’t!
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17. Some useful links
FAQs:
VLE: Guide by Brookes:
JISC guidance ‘Online copyright activity’:
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