Copyright faq by Karen Johnson

ILS - Intellectual Property Rights Series No. 1 Copyright (September 2011) For guidance of other aspects of IPR relating to Trademarks, Database rights, Patents, Design Rights, Performance Rights and Digital Rights please see the appropriate leaflets. You might also find the leaflet on Creative Commons helpful.

Frequently Asked Questions 1. What is copyright? 2. What does copyright cover? 3. What rights does the owner of a copyright have? 4. What rights does the creator/author have? 5. Who is the copyright owner of work produced in the FE or HE sector? 6. How is the right to use a copyright work usually obtained? 7. Are there exceptions to copyright in education? 8. Are there other licenses for copyright? 9. Are there any special conditions for using copyright material for educational use?

University of Worcester April 2012

Page 1

10. What is “fair dealing”? 11. How do I deal with download/upload copyrighted material on the Internet and World Wide Web? 12. What is infringement of copyright? 13. How is infringement dealt with? 14. What are the probable consequences of infringement of copyright? 15. How long does copyright last? 16. What about Crown Copyright?

Remember: These Frequently Asked Questions are by no means exhaustive. If you are uncertain about what you are allowed to do, ask. Remember the adage, “if in doubt, don’t”. These FAQs are provided for your guidance, they do not form any part of a legal document or advice. If you are uncertain about copyright law speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser (k.johnson@worc.ac.uk) or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 2

University of Worcester April 2012

Page 3

Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 1.

What is Copyright

Copyright does not cover everything, other “rights” cover some creations. Copyright does cover a wide range of creations which include: The law governing copyright in the UK is

the Copyright, Design and Patents Act

countries. Generally students in the UK

(CDPA) (1988) and its amendments. It

are not affected by copyright law in other

exists to protect the intellectual standing

countries. However, this is an issue

and economic rights of creators and

lecturers have to address if a course is

publishers of all literary, dramatic, artistic,

accessed from outside the UK.

musical, audiovisual and electronic works.

It can be difficult to track down the owner of a copyright as copyright can be bought

and sold. When trying to find the owner

UK, there is no registration nor any other

of the copyright you should consider

procedure to follow. As soon as

checking with the following people:

something is created it is covered by copyright. Ideas are not covered by copyright. Copyright exists whether or

the author or creator the publisher

the employer

University of Worcester April 2012

Page 4

the producer/printer the person who commissioned the work Remember: Copyright does not cover everything. You might also need to consider Design Rights, Trademarks or one of the other types of rights.

How does this affect me? Regardless of whether you are a student, lecturer or other member of staff, there are two ways Copyright affects you. The first way it affects you is, “You as producer”, the second way it affects you is, “You as consumer”. As a producer or creator of things you must consider which sort of Copyright you want to place on the things you produce. If you produce something without assigning some type of Copyright on it the object will bear the ordinary Copyright that is assigned to everything new. This might restrict people’s access to or use of your creation. It means that no one except you can make a copy either by scanning or printing, no one may photograph or otherwise recreate your work and no one can use your work to develop your idea further. As a consumer, if Copyright is not limited or extended by a Licence, you may not use any work other than in its original form. This means you cannot reproduce it and put it in Blackboard, you may not copy it, in any format, and distribute it to others, and you may not use it, or encourage others to use it, in anything other than its original form. If you mention the work, in any format, you must provide an accurate citation and reference for it. Many items in the University Library are covered by other licences which allow you to do some things that ordinary Copyright will not allow. You need to be aware of what those licences allow you to do. Look at FAQ 7 and 8 and the information provided by the photocopiers. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the University of Worcester April 2012

Page 5

leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 6

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 2.

What does copyright cover?

Copyright does not cover everything; other “rights” cover some creations. Copyright does cover a wide range of creations which include: •

Remember: These topics cover a

Typographic work

very wide range of expressions

•

Artistic works

•

Literary works

•

Sound recordings

•

Broadcasts

e.g. typographic work does not just apply to the font face it also applies to the positioning of a word on a page as well as many other things. See also question 14 for more

•

Music

•

Film

•

Dramatic works

detail.

How does this affect me?

University of Worcester April 2012

Page 7

If you are using any of the above creations you need to consider which other forms of Intellectual Property Rights (IPR) you may need to look at. They are just as important as Copyright and can potentially cause you the same types of problems as Copyright can. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 8

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 3.

What rights does the owner of a copyright have?

A copyright owner has the following rights: •

To copy a work

•

To issue copies of a work

•

To rent or lend the work to the

To make an adaptation of the work

•

To perform, show or play the work in public

public ©JISC Legal – www.jisclegal.ac.uk

•

To communicate the work to the public Remember: the owner of the copyright is not necessarily the creator of the work.

How does this affect me? If you have ever created something, for example a photograph, you own the Copyright to that creation if; you have never sold or given away the Copyright and as long as you have not created it as part of your employment.

University of Worcester April 2012

Page 9

If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 10

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 4.

What rights does the creator/author have?

If the creator/author does not own the copyright they still have “moral rights” which include: •

•

To be identified as the author of the

•

To object to derogatory treatment of

work

the work

To object to the false attribution of a

Remember: These rights do not exist

work

where copyright has been originally

©JISC Legal – www.jisclegal.ac.uk

owned by the author’s employer

How does this affect me? Unless you have created something for your employer (you should check what restrictions apply in your particular case with your employer) you always have a moral attachment to your work. This means you have a legal right for it to be identified as yours and if it is not you can complain about it or if your work is treated in an objectionable way you can also take legal action.

University of Worcester April 2012

Page 11

For guidance of other aspects of IPR relating to Trademarks, Database rights, Patents, Design Rights, Performance Rights and Digital Rights please see the appropriate leaflets. You might also find useful the leaflet on Creative Commons. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 12

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 5.

Who is the copyright owner of work produced in the FE or HE sector?

If the creator/author is employed in the FE or HE sector their products are owned by the employer unless otherwise stated. In the University of Worcester the IPR policy can be found at http://www.worcester.ac.uk/graduateschool/documents/UW_IP_Policy.pdf In brief this IPR Policy: Applies to: •

Does not apply to:

Any employee or post-graduate research student

•

Other persons engaged in study or research which entails using the University’s facilities

•

Persons engage by the University under contracts for services

•

Any creation produced in the course of employment or studies (this

•

Consultancy activity

•

Undergraduate

•

Taught post graduate

•

Paintings, poems, sculptures and novels Remember: Read the Policy, it is 12 pages long and contains a lot of information. If you are uncertain

University of Worcester April 2012

Page 13

includes teaching materials)

about your rights contact the UW Business Development Office.

How does this affect me? A new Policy on this is currently in the Committee stage in the University but until the time the new Policy is ratified the advice below applies. If you are employed by the University or if you are a Research Student you do not own the Copyright to some of your creations. Every University draws up a policy for their employees and Research Students so there are no generalisations that can be made. The information for employees of University of Worcester can be found at http://www.worc.ac.uk/personnel/695.htm and the original template for the wording in your contract can be found at http://www.ucu.org.uk/index.cfm? articleid=1972 For Research Students the Copyright for your work is usually owned by you but if it is part of a project, or a joint venture with a member of staff, or research with a commercial interest the Copyright is usually owned by the University. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 14

University of Worcester April 2012

Page 15

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 6.

How is the right to use a copyright work usually obtained?

The right to use copyright material is typically obtained by: •

Seeking the permission of the

•

Seeking and obtaining permission directly from the copy owner

•

Means of an assignment of copyright in writing from the copyright owner

Seeking permission through a licence issued by a collective licensing society which has authority to issue a licence on behalf of the copyright owner ©JISC Legal – www.jisclegal.ac.uk

Remember: A licence gives someone permission to do the things which the copyright owner is entitled to authorise or prohibit without infringing copyright. University libraries obtain various licences to facilitate research.

How does this affect me? You can do some of this yourself depending on how accessible the information is. Check who holds the Copyright and if a licensing society holds a licence for it or if the creation

University of Worcester April 2012

Page 16

has licence information attached to it. For example this information can often be found at the front of a book and often starts with words like, “Except as otherwise permitted under the Copyright, Designs and Patents Act ...” or “Except where otherwise noted, third-party party content on ...”. You might then need to write to the owner of the Copyright. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 17

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 6. Are there exceptions to copyright in education? In the education context relevant exceptions which allow limited use of copyright works without the permission of the copyright owner include •

•

Fair dealing for non-commercial

•

Non-exact copies of works for

research and private study, criticism

teaching purposes in educational

and review

establishments (such as copying

Licensing agreements (Such as

material by hand)

those obtained through the

Remember: Copyright law uses

some vague terms such as limited and insubstantial. In the courts these terms are interpreted very narrowly.

How does this affect me? Most of what you use, which is provided by the University, falls under the, “Fair dealing for non-commercial research and private study, criticism and review” and “Licensing agreements”. However, you cannot assume that this is always the case. Look at questions 8, 9 and 11 for further information. If you are still uncertain speak to a Librarian University of Worcester April 2012

Page 18

who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 19

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 7.

Are there other Licenses for copyright?

Two other commonly used Licenses for Copyright include the Open Government Licence and Creative Commons Licences. Both are dealt with in separate leaflets but an outline of each is given below. •

•

The Open Government Licence is

•

There are 7 Creative Commons

the default licence for a wide range

Licences. One is completely open, 3

of information owned by the Crown

deal with commercial copyrights and

and

the other 3 deal with non-commercial

Can be adopted for use across the

UK Public Sector

copyright licences available throughout the world. Be sure you know which one you are dealing with. How does this affect me? Both Open Government and Creative Commons Licences tend to make it easier for you to use the creations provided. It is still your responsibility, however, to check University of Worcester April 2012

Page 20

and see just what is allowed under each licence. You can find this information in the Creative Commons leaflet and in question 15 of this IPR Series No1. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 21

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 8.

Are there any special conditions for using copyright material for educational use?

A general guideline from the Copyright Licensing Agency in relation to how much may be photocopied, scanned or digitally copied (e.g. photographed) is provided on their web site http://www.cla.co.uk/licences/excluded_works . Some works are excluded from this guideline and you should check with a Librarian to ensure you are practicing safely. You may photocopy, scan or digitally copy whichever is the greater of those amounts identified below: •

A chapter of a book

•

An article from a journal

Remember: These rights do not apply to work published everywhere

•

5% of the publication

•

An “insubstantial” part of one of the above – insubstantial in this sense

in the world. It only applies to the UK and 30 other territories/countries (e.g. it does not include China).

applies to both quality and quantity

University of Worcester April 2012

Page 22

(e.g. a single line in a murder

See also question 14 for more detail.

mystery that reveals who the murderer is, is a substantial part of the book) How does this affect me? Try to copy as little as possible, find other ways of maintaining a contact with material you think you will want to return to. For example if the material is on the web put a link in your referencing tool (e.g. Delicious or Diigo) or at the very least Bookmark or Favourite it. Use a highlighting program such as Citebite or Awesome Highlighter, you can then go back to the exact paragraph rather than having to wade through the whole article. If you have a wealthy relative get them to buy you a digital or smart pen they cost between about ÂŁ75-ÂŁ150. If you are a lecturer you might also want to ask your Academic Liaison Librarian about creating copyrighted packs for your students. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 23

University of Worcester April 2012

Page 24

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 9.

What is “Fair Dealing”?

“Fair Dealing” is UK terminology and should not be confused with the USA term “Fair Use” which is defined differently. A guiding question that might be used is, “will my use of the work impair the market or damage the sales of the original?” If the answer is “yes” you should not make a copy. Fair Dealing guidelines have been provided by the Society of Authors in 1965, these state that you should copy no more than one copy of: •

One article from any one issue of a

•

journal •

pages from an anthology

One chapter or up to 5% of a book or similar publication

•

One poem or short story of up to 10

•

The report of one case in law reports Remember: The Copyright Licensing

Up to 10% of a short book of up to

Agency’s (CLA) Photocopying and

200 pages (Library Association

Scanning Licence allows amounts in

guidelines)

addition to those under Fair Dealing (see question 8 and 11)

How does this affect me? This idea of Fair Dealing can be very misleading. There are many examples of

University of Worcester April 2012

Page 25

cases in the courts where people think they are allowed use something under the heading of Fair Dealing. If you are just using a copy for your personal use in an essay or to inform your own studies then you can fairly safely assume it is covered under Fair Dealing. Fair Dealing cannot be used if you distribute a downloaded or photocopied article or book chapter either in hardcopy or from inside Blackboard. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 26

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 10. How do I deal with downloaded/ uploaded copyrighted material on the Internet and World Wide Web? If any creation or product is made available or is to be made available on the Internet, in any format or interface, copyright law still applies in the normal way. So in order to: •

•

Reuse a creators/authors work on

•

Use some creations/authored works

the Internet, permission for the

certain permissions might be

particular use must be obtained.

provided by a Creative Commons

Download a creators/authors work to use in some place other than the

licence (see the leaflet on Creative Commons for more information).

Internet, permission for the

Remember: Check what type of

particular use must be obtained.

copyright and/or licence applies to any work, in whatever format, you wish to download from the Internet and/or World Wide Web.

How does this affect me? It is your responsibility to check which licence is being used for a particular University of Worcester April 2012

Page 27

creation. Just because there is a Creative Commons Licence on a blog or website it does not mean that third party (stuff not created by the owner of the blog or website) creations used on the blog or website carry the same licence. If you are uncertain contact the blog or website owner or manager. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 28

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 11. What is infringement of copyright? In copyright law the word substantial is interpreted as either “important” or as “a large amount”. Important or substantial might mean a single line or even a word that provides the answer to a question; it could be a newspaper headline of special note or it might be a whole chapter. If the copyright holder might be financially disadvantaged by what you have done infringement of their rights might be said to have occurred. Infringement occurs if: •

•

The whole or part of a

•

A substantial/important part of a

creation/authored work has been

used without permission

The whole or part of a

•

A substantial/important part of a

creation/authored work has been

used in an unlicensed way

used in an unlicensed way. Remember: Infringement of copyright law can be pursued as a Civil Offence or as Criminal Liability.

How does this affect me?

University of Worcester April 2012

Page 29

Is this work I wish to use a substantial piece of the creators work? An example often given is the paragraph or line in a murder mystery book which reveals who the murder is. It is a very important part but a small percentage of the whole book. If you used it you would be infringing Copyright. Think before you use. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 30

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 12. How is infringement dealt with? There are a number of ways infringement of copyright can be dealt with. When infringement is discovered the owner of the copyright may •

Contact the person infringing their copyright and ask them to withdraw the offending work. This might lead to a negotiation of payment for the use of the copyrighted work.

•

Immediately proceed with an expensive Court Case or Settlement Remember: There is no requirement on the part of the copyright owner to warn the person infringing their

Send a solicitors letter (a Cease

rights. The copyright owner might

and Desist Notice) threatening

proceed directly to a Court Case.

further action if the offending work

The only thing that tends to delay this

is not withdrawn

(and thus allow for negotiation) is the extremely high cost of a Court Case.

How does this affect me? If you are contacted by a Copyright owner or by a Solicitor on behalf of a Copyright owner you must act immediately. Take the offending item down (wherever

University of Worcester April 2012

Page 31

possible) and (where this is University work) advise your manager you have done so. Immediately apologise profusely and sincerely to the Copyright owner and tell them you have taken the item down where you are able to do this. If the Copyright owner wishes to pursue the matter further you should advise your manager and they will contact the University Registrar and Secretary. Usually the Copyright owner is happy with the work being taken down. If they are then you can try negotiating a price for you to use their work â&#x20AC;&#x201C; get help from ILS to do this. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 32

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 13. What are the possible consequences of infringement of copyright? Infringement of copyright can result in a number of consequences. These can include • •

An injunction to prevent further use

•

reputation

An order to surrender the copyrighted work to the copyright

•

An order requiring the infringing

•

the copyright owner

•

the copyright owner

Loss of trust by publishers and other copyright owners

An order that any resulting profits from the infringement are paid to

Affected resources having to be withdrawn at inconvenient times

goods be destroyed or delivered to

•

Loss of confidence in the reliability of the person’s/institution’s work

owner •

Damage to the person’s/institution’s

•

Where deliberate infringement of copyright is undertaken as part of a

trade of business this may fall under Criminal Law. Conviction can result in an unlimited fine and up to ten

University of Worcester April 2012

Page 33

years’ imprisonment Remember: Ignorance of the law is no defence How does this affect me? If this is your own work and the Copyright is not owned by the University you can be held accountable under the law. This means that you will be responsible for any; payments for use of the Copyright, court costs, and barrister’s and solicitor’s fees. If this is work you have carried out for the University and the Copyright for that work is owned by the University the University will be responsible. However, under contract law you ... If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 34

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 14. How long does copyright last? The question, “how long does copyright last”, cannot be answered simply or briefly, you are, therefore, directed to flow diagrams [copyright for archivists and record managers]). These rights apply regardless of the format they appear in e.g. a book, a web page, a Tweet. The period of copyright has been increasing since copyright first started; the advice on the length of period for copyright provided here, therefore, should always be checked. The period of copyright differs depending on a number of factors: •

Typographic work – applies to any

•

Broadcasts – the definition of a

typographical arrangement of a

Broadcast is: a transmission made to

published edition of a literary,

be received at a particular time

dramatic or musical work. The

chosen by those creating the

period of copyright is 25 years from

transmission. An Internet

the end of the year in which the

transmission is not a Broadcast

edition was first published.

unless it complies with the above definition i.e. it is Broadcast on the

•

Artistic works – artistic works

television at exactly the same times

include: graphic art, photographs,

as on the Internet or it is a live

sculptures, collages, architectural

Broadcast. The period is 50 years

models and works of artistic

from the first Broadcast or delivery.

University of Worcester April 2012

Page 35

craftsmanship. A rule of thumb of

•

70 years after the end of the year in

score, rhythm, harmonies and

which the artists died but, beware,

melodies produced in any format.

that does not always apply.

Excluded are any words or action intended to be sung, performed or

Literary works – include anything

spoken with the music, these come

which is written, spoken or sung in

under Literary Works. The period is

any format. Literary works include

the lifetime of the composer plus 70

computer programming, mark-up

years from the end of the calendar

codes e.g. html and Cascading

year in which the composer died.

Style Sheets (CSS) . The period is the lifetime of the author plus 70

•

Music – musical work includes the

•

Film – as an example of how

years from the end of the calendar

parochial copyright can be this right

year in which the author died.

applies only to work created in the EU and where at least one of the

Sound recordings – this has

principle creators is an EU national.

recently been increased to 70

The word Film means any type of

years, from the date of publication

moving, visual recording in any

of the recording or, from the end of

format. The principle creators include:

the year in which the recording was

the Director, the Screenplay Author,

made. This applies to any type or

the Dialogue Author, the Soundtrack

form of sound recording whether it

Composer. The period is 70 years

is a Beatles song or a recording of

after the death of the survivor of one

traffic noise.

or more of the principle creators. •

Dramatic works – a dramatic work is one of action with or without words or music and thus includes mime and dance. There are two periods for dramatic works. These two periods are either, 70 years after the end of the calendar year in which the works first took place or 31st December

University of Worcester April 2012

Page 36

2039, whichever is the earlier. Remember: These periods change fairly frequently and you should check that the same period still applies to the creation you wish to use. How does this affect me? If you are a creator/author you should be aware of how your work is affected by copyright. It does not just protect your work it also defines how people may access your work. Some creators/authors find ordinary Copyright too restrictive for their work and seek other type of licensing frameworks.

More frequently you will be a user of someone elseâ&#x20AC;&#x2122;s work. From this view point you should ensure you know which category the work you wish to use falls under.

University of Worcester April 2012

Page 37

University of Worcester April 2012

Page 38

ILS Intellectual Property Rights Series No. 1 Copyright (September 2011) FAQ Answers 15. What about Crown Copyright? The Controller of Her Majesty's Stationery Office (HMSO) at The National Archives manages Crown copyright and Crown database rights on behalf of Her Majesty the Queen. Crown creations can include any of the same types of work as those mentioned in Answer 14 above. Crown Copyright creations exist in three forms two of which are open licenses: â&#x20AC;˘

Crown copyright does not allow

â&#x20AC;˘

Open Government Licence for

any copying or recreation of any

non-commercial use. Much of this

type. These days this very strict

information was previously covered

Crown copyright mainly covers

by a range of older Licenses: the PSI

logos and typography. Crown

Licence, also known as the Core

Licence or HMSO Class Licence, and

creations/publications of whatever

the Value Added Licence. The OGL

type created by officers or servants

can cover: non-personal information

(i.e. employees) of the Crown. That

and works which are subject to

means anything created by

someone in Local Government,

previously unpublished datasets

National Government or who is a

released by the public sector; and

University of Worcester April 2012

Page 39

Civil Servant. It also covers

source code and software originating

creations made on behalf of the

from public sector bodies.

Crown by other organisations. However, these days most government departments are

â&#x20AC;˘

Open Government Licence for commercial use.

encouraged to use an Open

Remember: If you are unsure of the

Government Licence for most of

their creations.

creation/publication contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

How does this affect me? Luckily this makes your life much easier. Finding which Copyright applied to Government documents was rather difficult at times. With Open Government License very nearly everything you will want to use for academic purposes with be covered. If you are still uncertain speak to a Librarian who will either advise you or pass your query on to the Digital Literacy Adviser or an expert in law. In situations where the leaflets or other resources are unavailable you can contact the National Archives (www.nationalarchives.gov.uk) or the UK Intellectual Property Office (www.ipo.gov.uk)

University of Worcester April 2012

Page 40

University of Worcester April 2012

Page 41