Embedded Files
Introduction
Introduction
Copyright plays a vital role in allowing both college staff and students to correctly use materials and resources that others have produced.
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.
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.
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:
To protect you against this possibility this page will explain:
- The Copyright, Design and Patents Act 1988
- The Copyright, Design and Patents Act 1988
- What works are protected
- What works are protected
- How long material is copyrighted for
- How long material is copyrighted for
- Copyright infringement
- Copyright infringement
- Exceptions to copyright in education and training
- Exceptions to copyright in education and training
- How our Copyright Licensing Agency agreement allows staff and students to make use of copyrighted materials legally
- 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 is a complex topic, so please ask your Librarian if you need further information.
Copyright, Design and Patents Act 1988
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.
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
- Copyright is automatic, it does not need to be registered
- The work must be regarded as original
- The work must be regarded as original
- It doesn’t matter how the work is published (so it includes resources published on the internet)
- 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
- 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
- It does not include ideas, only the original expressions of ideas
What types of work are protected by copyright?
What types of work are protected by copyright?
Literary - books, articles, song lyrics, manuals, leaflets, newsletters, notes, letters
Literary - books, articles, song lyrics, manuals, leaflets, newsletters, notes, letters
Dramatic - plays, dances, mimes
Dramatic - plays, dances, mimes
Musical - recordings and score
Musical - recordings and score
Artistic - photography, paintings, sculptures, architecture, technical drawings/diagrams, images, maps, logos etc.
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
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
Films
Broadcasts and TV programmes
Broadcasts and TV programmes
Computer programs - regulations in 1992 also extended the copyright of literary works to include computer programs
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
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
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:
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
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)
70 years from the death of the creator/director/author OR 70 years from creation/publication/release (orphan works)
Sound Recordings and broadcasts
Sound Recordings and broadcasts
50 years from creation/release
50 years from creation/release
Typographical arrangements of published editions
Typographical arrangements of published editions
25 years from publication
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.)
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
Copyright infringement is against the law!
Copyright infringement is against the law!
Copyright infringement can lead to criminal prosecution so be aware that the following actions are restricted by copyright:
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)
- Copying the work (including putting it on the internet)
- Renting, lending or issuing copies of the work to the public
- Renting, lending or issuing copies of the work to the public
- Performing, broadcasting or showing the work in public
- Performing, broadcasting or showing the work in public
- Adapting the work
- Adapting the work
UNLESS consent is obtained from the creator first.
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:
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
- Private and research study purposes
- Instruction or examination use
- Instruction or examination use
- Performance, copies or lending for educational purposes
- Performance, copies or lending for educational purposes
- Criticism and news reporting
- Criticism and news reporting
- Copies and lending by librarians
- Copies and lending by librarians
- Caricature, parody or pastiche
- Caricature, parody or pastiche
Exceptions to copyright in education and training
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.
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.
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
Our Copyright Licensing Agency agreement and you
As a rule of thumb, the college's CLA agreement can:
As a rule of thumb, the college's CLA agreement can:
Allow students and staff to copy and re-use text and still images
Allow students and staff to copy and re-use text and still images
Include both print and digital copies
Include both print and digital copies
Allow content to be made available to multiple students and/or staff
Allow content to be made available to multiple students and/or staff
HOWEVER:
HOWEVER:
The source copy must have been obtained legitimately by the institution
The source copy must have been obtained legitimately by the institution
Digital copies must be distributed via a Secure Network
Digital copies must be distributed via a Secure Network
Copies cannot be shared outside the institution
Copies cannot be shared outside the institution
The work must be used solely to illustrate a point
The work must be used solely to illustrate a point
It must be accompanied by a sufficient acknowledgement
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:
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 chapter of a book
- one article from a magazine or journal
- one article from a magazine or journal
- one short story or poem not exceeding 10 pages in length from an anthology
- one short story or poem not exceeding 10 pages in length from an anthology
or
or
- 5% of the publication, if greater than the above:
- 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.
for example, if two chapters together constitute 5% of a total book, you may copy both under the Licence.
Does not include:
Does not include:
maps, charts, newspapers, workbooks, printed music
maps, charts, newspapers, workbooks, printed music
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