Copyright
It is your responsibility as the organiser of the event to ensure you have acquired the usage rights - Intellectual Property Rights (IP) - to content that ICAEW doesn't own outright before you use it in a webinar or virtual meeting/classroom
Understanding Intellectual Property law
Intellectual Property (IP) law concerns the rights associated with creative, commercial, and innovative endeavour and stops others from using someone else's work without permission.
Intellectual property (IP) law is a complex area, so it will not be dealt with in detail here; the best thing you can do if you are using non-ICAEW owned work is to check with the work's owner that you can use it before you do so. There are some exceptions to this, but generally, they do not apply to commercial use.
Copyright infringement can draw heavy financial penalties and legal actions.
Understanding copyright
In the UK, copyright is an automatic right given to an owner of work that enables the owner to control how the work can be used. This right is automatic at the point the work is recorded.
The scope of copyright means that it is essential to retain evidence of the skill and labour expended by an author in creating a work; this should not be left until there is a dispute!
The core IP rights are:
Trademarks
Passing off
Copyright
Designs
Patents
Confidential Information
This list is not exhaustive, and there are various other IP rights such as database rights, moral rights and performers rights that should also be considered if applicable.
Beware of infringing other people's copyright!
Infringement of copyright and any intellectual property (IP) right is serious and could result in court action, an injunction and an award of damages against you and/or ICAEW.
The general rule is that content belonging to other people/organisations should not be used without permission. This includes photos, logos, music, video and illustrations that you find on the internet or elsewhere:
Do not post, transmit, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary rights without obtaining the prior written consent of the owner(s).
Zoom may take action or deny access to the services to any user who is alleged to infringe another party's copyright.
If your virtual audiovisual event contains any third party IP you must warrant and confirm that you have obtained from the third party owner their unrestricted, perpetual, worldwide permission to use such Intellectual Property Rights, by ICAEW and its licensees within the content and as part of the virtual audiovisual event and screen-sharing services used on Zoom.
You must provide evidence to ICAEW of the third party owner's consent to use the third party's IP.
Contributors to our events
At ICAEW we must make sure that contributors to our virtual audiovisual events indemnify and keep ICAEW indemnified at all times against any and all actions, claims, proceedings, costs and damages, and all legal costs and other expenses incurred by ICAEW, or for which ICAEW may become liable, with respect to any intellectual property infringement claim or any other claim relating to the content should the virtual audiovisual event and screen-sharing contain any third party Intellectual Property Rights other than ICAEW content.
Put simply, non-staff event contributors need to act for ICAEW as an ICAEW staff member would and all potential IP rights should have been cleared for use appropriately eg on our website and in our webinar(s).
The detail...
For more detailed information ICAEW staff can refer to the following guidance on Sharepoint:
Seeking permission - the basics
Before using IP that ICAEW doesn't own, undertake the following steps:
Check if copyright exists in the work
Determine if permission is needed (see exceptions below)
Identify the owner
Identify the rights needed - performance, publishing, etc. Several types of rights can be in one work!
Contact the owner or publisher and negotiate whether payment is required
Get your permission agreement in writing from the owner
The Copyright Clearance Centre and other organisations offer a pay-as-you-go copyright permission seeking service.
Copyrighted works or IP can include:
images
photographs
music (printed and recorded)
video
audio
text
dramatic works
diagrams, infographics
branding such as logos and trademarks
illustrations and cartoons
other artistic works
See detailed ICAEW copyright guidance [ICAEW staff only].
Note: Copyright clearance can take months to complete.
Exceptions
Understand Fair Dealing / Fair Use
The Fair Dealing / Fair Use framework is designed to allow the lawful use or reproduction of work without having to seek permission from the copyright owner(s) or creator(s), or infringing their interest.
As an exception to British copyright law, Fair Dealing is governed by Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, which outlines three instance where Fair Dealing is a legitimate defence:
If the use is for the purposes of research or private study
If it is used for the purposes of criticism, review or quotation
Where it is utilised for the purposes of reporting current events (this does not apply to photographs)
There is no definition of ‘fair’ in the Copyright, Designs and Patents Act 1988 and what constitutes ‘fair dealing’ depends upon the individual circumstances. When considering ‘fair dealing’ some things to consider are: (a) the purpose, (b) proportion of work being used, (c) motive, (d) status of other work, and (e) extent of use and whether using the work can cause prejudice to the copyright owner.
For more information on copyright exceptions please see this guidance
Creative Commons
You can avoid some copyright considerations by seeking works under the Creative Commons license. This is particularly useful for finding images and several image libraries operate with these 'free' licenses.
Please note however that there are several types of Creative Commons licences - each work will be explicit about the requirements of its usage eg whether author credit is required, whether the image or work can be manipulated, and so on.
The 'don't worry - use freely' license is the Creative Commons Public Domain Dedication also known simply as 'no copyright' or Zero (CCO)
Sources of free high quality pictures
Pexels - high quality and completely free stock photos licensed under the Creative Commons Zero (CC0) license
Unsplash - a large collection of free high-resolution photos and has become one of the best sources for stock images online
Stock Snap.io - adds hundreds of images on a daily basis with all photos released under Creative Commons Public Domain – no attribution required
Reshot - A fresh change from stock photography and free to use commercially and editorially – no attribution required
Picspree - is backed by Getty Images and provides a large selection of high quality stock photos completely royalty free.
Read about lots more options here: https://blog.snappa.com/free-stock-photos/
Note: When using images and illustrations under the ICAEW brand, you will need to follow ICAEW's brand guidelines and seek Brand team approval. Brand may also be able to help source your images.
Contact: brand@icaew.com
ICAEW's Intellectual Property
IP is one of our greatest assets, and we need to ensure we protect it appropriately, reduce the risk of misuse and take a consistent approach throughout the Institute.
We have a suite of IP policies applicable to all situations where our IP is used or shared.
To understand our IP policies, please download the documents from our staff Intranet and contact Jeneve Clarke if you have any queries. [ICAEW staff only].
Using our IP
All external requests to reproduce content that ICAEW does own are should be channelled through the permissions page on ICAEW.com. This includes a participant wishing to promote one of our webinars via an on-demand link on their website.