Copyright skills

Introduction

Copyright plays a vital role in allowing both college staff and students to correctly use materials and resources that others have produced.

Copyright underpins the principles of referencing, something that you may be required to do whilst studying in college. Understanding and appreciating copyright is a good place to start if you want to understand why you may required to reference in your work.

It should be noted at this point that copyright infringement is a criminal offence and even though copyright restrictions are relaxed for education and training purposes it is still possible to break the law.

To protect you against this possibility this page will explain:

- The Copyright, Design and Patents Act 1988

- What works are protected

- How long material is copyrighted for

- Copyright infringement

- Exceptions to copyright in education and training

- How our Copyright Licensing Agency agreement allows staff and students to make use of copyrighted materials legally

Copyright is a complex topic, so please ask your Librarian if you need further information.

Copyright, Design and Patents Act 1988

The Act protects the rights of creators, authors, performers, designers etc. to control the ways in which their material can be used.

- Copyright is automatic, it does not need to be registered

- The work must be regarded as original

- It doesn’t matter how the work is published (so it includes resources published on the internet)

- Copyright is usually owned by the creator, however, it could belong to the employer

- It does not include ideas, only the original expressions of ideas

What types of work are protected by copyright?

Literary - books, articles, song lyrics, manuals, leaflets, newsletters, notes, letters

Dramatic - plays, dances, mimes

Musical - recordings and score

Artistic - photography, paintings, sculptures, architecture, technical drawings/diagrams, images, maps, logos etc.

Sound recordings - items can be protected by more than one copyright e.g. if music is accompanied by words, the song lyrics will be protected separately from the sound recording

Films

Broadcasts and TV programmes

Computer programs - regulations in 1992 also extended the copyright of literary works to include computer programs

Typographical arrangements of published editions - the style, composition, layout and general appearance of a page of a published work (e.g. of magazines/periodicals/webpages) OR a published edition of a literary, musical or dramatic work, eg, a magazine design styling, film poster or book cover

The duration of copyright

Copyright isn't infinite. After certain timeframes that have passed copyright lapses and works enter the public domain. Some of the key time frames are laid out below:

For literary, dramatic, musical, films or artistic works

70 years from the death of the creator/director/author OR 70 years from creation/publication/release (orphan works)

Sound Recordings and broadcasts

50 years from creation/release

Typographical arrangements of published editions

25 years from publication

After these time periods, the work will fall into the public domain, making it available to all (this is why so many companies can publish works by William Shakespeare, classical composers etc.)

Copyright infringement

Copyright infringement is against the law!

Copyright infringement can lead to criminal prosecution so be aware that the following actions are restricted by copyright:

- Copying the work (including putting it on the internet)

- Renting, lending or issuing copies of the work to the public

- Performing, broadcasting or showing the work in public

- Adapting the work

UNLESS consent is obtained from the creator first.

There are some actions which do not infringe copyright. These activities are described as "Fair Dealing" and include activities such as:

- Private and research study purposes

- Instruction or examination use

- Performance, copies or lending for educational purposes

- Criticism and news reporting

- Copies and lending by librarians

- Caricature, parody or pastiche


Exceptions to copyright in education and training

Educational establishments need licenses to copy material protected by copyright. These licenses are available through either the Copyright Licensing Agency or the Educational Recording Agency.

Recent changes have been made to the copyright law to reduce the risk of copyright infringement by teachers in the digital age.


Our Copyright Licensing Agency agreement and you

As a rule of thumb, the college's CLA agreement can:

Allow students and staff to copy and re-use text and still images

Include both print and digital copies

Allow content to be made available to multiple students and/or staff

HOWEVER:

The source copy must have been obtained legitimately by the institution

Digital copies must be distributed via a Secure Network

Copies cannot be shared outside the institution

The work must be used solely to illustrate a point

It must be accompanied by a sufficient acknowledgement


The material can also be copied for teaching and learning purposes, as long as it is “fair and reasonable”. There are limits to the amount that can be copied that you should adhere to, these are:

- one chapter of a book

- one article from a magazine or journal

- one short story or poem not exceeding 10 pages in length from an anthology

or

- 5% of the publication, if greater than the above:

for example, if two chapters together constitute 5% of a total book, you may copy both under the Licence.

Does not include:

maps, charts, newspapers, workbooks, printed music