Copyright: Bite-size guidance for YSJ staff

Revised 2015

Copyright

Bite-size guidance for York St John staff

Contents

4

Introduction

5

What is copyright?

6

What is protected by copyright?

8

How long does copyright protection last?

16 Performing and playing works in an educational establishment 17 Recording of broadcasts 17 Copying and use of extracts 17 Copying by libraries and archives

10 Who owns copyright and how can you tell?

18 Licences

12 The UK exceptions framework

20 CLA Licence 20 NLA Licence

13 What is fair dealing?

14 Research and private study

21 ERA Licence and Box of Broadcasts

14 Text and data mining

22 Publishing at York St John

14 Criticism, review, quotation

24 FAQs

15 Caricature, parody and pastiche

27 Further information 28 Copyright training for staff and students

15 Accessible copies 16 Illustration for instruction

Last revised January 2015. This guidance does not constitute legal advice.

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www.yorksj.ac.uk /ils/copyright

Copyright is an important consideration when you are teaching or studying at university. Copying, analysing, imitating and reproducing the works of others is an important component of learning and research.

York St John University wishes to ensure that all copying for its teaching, learning and research activities is undertaken legally. This bite-sized guidance is aimed at staff.

The information contained within these pages is intended as a general guideline and an interpretation of current copyright issues, and does not constitute legal advice.

For further guidance, please contact Ruth MacMullen, Copyright & Licences Officer.

E:  r.macmullen@yorksj.ac.uk

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What is copyright?

Copyright is part of a set of intellectual property rights. Copyright laws usually give the owner of a work exclusive rights to copy and distribute that work, and to make adaptations of it.

Copying of a work can be legally carried out in a number of ways, including: • If the copyright has expired or been waived

The current UK copyright law is the Copyright, Designs and Patents Act 1988. A number of amendments have been made since, with the most significant coming into force on 1 June 2014 following the recommendations from Digital Opportunity: A Review of Intellectual Property and Growth (available from www.gov.uk).

• Under one of the copying licences that the University holds • Under one of the exceptions permitted in legislation • Under an open licence, such as Creative Commons • By permission from the owner of the copyrighted work.

If you are copying material for personal study, for research, for teaching, then you need to know the limits and what is legally allowed.

The current UK copyright law is the Copyright, Designs and Patents Act 1988 (CDPA).

Examples of copying for these purposes include: • Scanning book chapters or journal articles and storing them on the VLE • Using text, images or multimedia in presentations or learning materials • Photocopying material for classroom handouts • Playing or copying film, television and radio broadcasts.

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What is protected by copyright?

Copyright is an automatic right, and applies to original works that are published or unpublished. Original means that the author has contributed their own ideas or skills to the creation of the material. Copyright does not protect ideas or thoughts; they must be recorded or ‘fixed’ in some way.

The following types of work –­­­ with examples – are protected:

Copyright does not protect ideas or thoughts; they must be recorded or fixed in some way.

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Literary Books, journal articles, poems, manuscripts, newspaper articles, song lyrics, letters, diaries, e-mails, computer programs and codes, webpages, manuals, commercial documents, leaflets, newsletters.

Dramatic Dance, mime, choreography, stage directions.

Musical Notes on the stave eg scores.

Artistic Photography, paintings, illustrations, sketches, drawings, maps, diagrams, logos, sculpture, engravings, buildings, slides, microfilms.

Sound recordings Vinyl, cassettes, CDs, DVDs, MP3s.

Films Videos, DVDs, streamed services (over the web).

Broadcasts Radio transmissions, television programmes.

Typography of published editions The layout and style of text on a page eg a new edition of an out of copyright work.

Computer generated works Works generated by a computer in circumstances such that no human author was responsible. For example, systems in which the user merely needs to hit “Start� to have the computer create the work.

Databases Collections of data arranged in a systematic or methodical way eg catalogues.

Crown Copyright Works created by employees of the Crown in the course of their duties. Legislation, government reports, and other official material created by civil servants, ministers, and government departments and agencies.

Parliamentary Copyright Works commissioned by either or both Houses of Parliament.

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How long does copyright protection last?

The following copyright terms apply to material published in the EU or the USA, or where the author is an EU national.

Literary, dramatic, musical and artistic works

70 years from the end of the year in which the author or creator died. If the author is unknown, copyright expires 70 years from the end of the year in which the work was first created.

Sound recordings

50 years from the end of the year in which the material was created. If it is published or made available to the public in that time, it is then 70 years from the end of the year in which it was made available or published.

Broadcasts

50 years from the end of the year in which the broadcast was first made.

Films

70 years from the end of the year in which the last of the following died: • Principal Director • Author of the screenplay • Author of the dialogue • Composer of the music created for and used in the film.

Databases

15 years from the end of the year in which the database is completed. If it is updated, then the 15 year period starts again.

Crown copyright

125 years from the end of the year in which it was first created, or 50 years from the end of the year in which it was first commercially published.

Parliamentary copyright

50 years from the year in which the work was created.

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The duration of copyright is usually the lifetime of the author + 70 years.

Typography of published editions

25 years from the end of the year in which the edition was first published.

Computer generated works

70 years from the end of the year in which it was made.

Unpublished works

If the author died on or after 1 January 1969, the material is in copyright until 70 years after their death.

If the author died before 1 January 1969, then material is in copyright until 31 December 2039, with some exceptions.

The law in this area is complex so contact ILS for guidance.

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Who owns copyright and how can you tell?

Copyright symbols Copyright can sometimes be identified by the use of a copyright symbol, ©.

However don’t assume that if the symbol is not used then a work is not covered by copyright.

Copyright depends on format The creator of a work usually owns copyright in that work. The author of a book will usually be the copyright owner, although they may assign the copyright to a publisher. In the case of a sound recording the producer owns the copyright in the sound recording.

The copyright in a film is owned by the producer and principal director and in a broadcast it is owned by the person or organisation that makes the broadcast.

Web materials Material on the open web can still be protected by copyright. Even if it is free to access you will usually require permission from the owner in order to reproduce the material. It could be infringing the owner’s rights if you copy their content, for example to your own website.

Some key points to remember when using electronic materials are: • It is better to link to resources than to create copies of them • Always check for copyright notices, licences, or terms of use • Take note of any specific restrictions • If in doubt, ask permission from the copyright owner before you copy or distribute their work.

You can check for copyright either by looking for the © symbol, by checking for a licence such as Creative Commons, or by contacting the page owner or web master (usually via the ‘contact’ page).

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Images When using images for teaching purposes, we recommend that you use those that are copyright free. You can search Flickr and Google Images using an advanced search, to find images available for reuse. Alternatively use one of the resource databases listed in the ‘CLA and other Licences’ section.

It may be possible to copy images that are under copyright protection using one of the fair dealing exceptions. These uses will need to be judged on a case by case basis, so please contact ILS for guidance.

Obtaining permission The University holds a number of licences which allow copying and scanning for classroom use, and there is a wealth of material available under open licences. However there are instances when it will be necessary to obtain permission to use materials. The time taken to get copyright permission can vary depending on individual copyright holders, and if you do not receive a reply then you should not assume that you can use the material.

Please contact ILS if you need any help obtaining copyright permission to reuse material.

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The UK exceptions framework There are various exceptions to UK copyright law to allow reuse of copyright material for education and research. Many of these are ‘fair dealing’ exceptions and are based on the idea that reuse should be limited and justifiable. The table below gives a summary of each exception; please read on for further details.

Section of CDPA

Summary of exception

S29

You may make single, limited copies for private study and noncommercial research.

S29A

You may copy works to which you have lawful access for the purposes of text and data mining.

S30

You may copy works, subject to fair dealing, for the purposes of criticism, review, quotation and news reporting.

S30A

You may copy works, subject to fair dealing, for the purposes of caricature, parody or pastiche.

S31A

You may make accessible copies of works for the personal use of people with disabilities.

S32

You may reproduce small amounts of copyright works for the purpose of illustration for instruction.

S34

You may perform, play or show a copyright work for the purpose of instruction in an educational establishment.

S35

You may record off-air broadcasts for students. This only applies to broadcasts not covered by the University’s ERA licence.

S36

You may copy up to 5% of a work - this covers multiple copies and scans. This does not apply to items that are covered by the University’s CLA licence.

S40–43

These sections allow libraries and archives to make copies for users, other libraries, and for preservation.

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What is fair dealing?

Some copyright exceptions are subject to fair dealing. Fair dealing is a legal term that has no statutory definition. This means that each case will require a judgement to be made.

A court would be asked to consider how an honest and fair minded person would regard the use of the copyrighted material.

The following questions can help to establish how fair a proposed use is: • Does the copying affect the market for the work?

If you use a copyright exception to copy material, then you will usually have to consider whether your use is fair.

• Does the copying act as a substitute for the work?

• Could the copying cause the copyright owner to lose revenue?

• Is the amount copied reasonable and appropriate to the context?

• Is it necessary to use the amount copied?

It is not fair dealing to: • Make copyright material openly available.

• Can less be used to achieve the same purpose?

• Copy the whole of a work.

• Not use the copy for the purpose of the exception you are using, such as illustration for instruction or criticism and review.

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Research and private study You are permitted to make copies of all types of copyright work, subject to fair dealing, for the purposes of noncommercial research and private study.

Acknowledgement of the source is required, where reasonably practicable.

Text and data mining

For books and journals, fair dealing is generally acknowledged as 5% of a book, or one book chapter per book, or one journal article per issue.

A new exception to copyright law came into force in June 2014 which allows researchers to use text and data mining technologies with copyright works. This applies to non-commercial research only, and you must have lawful access to a copy of the work – such as access via a library. This exception is not subject to contractual override so you do not have to check the terms of a licence.

An area of the law changed in June 2014 to allow copying for these purposes from films, sound recordings and broadcasts. There are no established ‘fair dealing’ limits for these formats, so please contact ILS for advice should you wish to do this.

If a contract - such as a licence - is in place which tries to limit the copying that can be done under this exception, then that contract term is unenforceable.

Criticism, review, quotation It is lawful to copy a small amount of a work for the purpose of criticism, review, and quotation. Fair dealing in this case means that you would use no more than necessary for the purpose, and you must fully acknowledge the source. Do not quote so much that your use could be seen as a substitute for the original work – in short, negating the need to buy or consult the original.

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Caricature, parody and pastiche Fair dealing with a work for the purpose of caricature, parody and pastiche are now permitted by law. This could have some useful applications in the creative arts. So what does each of these acts mean?

Accessible copies

• A caricature is a representation of a person that is exaggerated or simplified for comic effect

The law changed in June 2014 to allow accessible versions of copyright works to be made for persons with all types of disabilities – previously this exception only covered visual impairments. The exception now covers all material formats such as films and broadcasts.

However if there is an accessible copy commercially available then that must be purchased instead. For example, you could subtitle a film clip for those with hearing impairments, but if there is a copy available to buy then you must buy that.

• A parody imitates or misrepresents somebody’s style, usually for humorous or satirical effect • A pastiche is a composition drawn from various sources – usually musical The new work must display noticeable differences to the original, and laws of discrimination and libel still apply.

Information Learning Services provides a scanning service for additional support users – if you wish to adapt material for users with disabilities then please contact ILS for guidance.

The Technology Enhanced Learning team can advise on adapting course material in digital formats, and can be reached via email.

E: tel@yorksj.ac.uk

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Illustration for instruction • This exception previously only applied to literary, dramatic, musical or artistic works. Now all copyright works are covered, including sound recordings, films, and broadcasts.

Changes to copyright law in June 2014 mean that lecturers have more freedom to use copyright works with digital technology for the purpose of instruction. The illustration for instruction exception allows a small amount of material to be reproduced for the purpose of illustrating or reinforcing a teaching point.

• Previously the law only allowed copying to be done by hand.

Lecturers can now utilise modern technologies, such as interactive whiteboards and VLEs.

• This exception applies to copying done by a person giving or receiving instruction, or preparing for giving or receiving instruction. It covers the setting, communication and answering of examination questions.

• The use must be for a noncommercial purpose.

• The use must be sufficiently acknowledged.

• More extensive or multiple copying of a work still needs to be carried out using one of our licences.

• The use must be fair – for more information see page 13.

Performing and playing works in an educational establishment A section of the law permits the performing, playing or showing of work in educational establishments for the purposes of instruction. The audience must consist of teachers and students of that establishment.

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Recording of broadcasts An exception in the law allows broadcasts to be copied for educational purposes as long as the purpose is non-commercial and acknowledgment is used. This exception was widened in June 2014. Previously broadcasts could not be received by any person outside the premises of the establishment; now they can be made available offcampus via secure means, such as a VLE. However, if a licence is available for that work, such as the ERA licence, then that

must be used.

Copying and use of extracts

Copying by libraries and archives

An area of the law allows the copying and use of extracts of works by educational establishments. This is limited to the purposes of instruction for a non-commercial purpose, and 5% of a work can be copied per institution per year. However, you cannot copy under this exception if the material comes under the terms of our CLA Licence. It may be possible to copy some material that is excluded from the Licence using this exception – please contact the Library Scanning Service for further advice.

• The declaration form for copying can be submitted electronically and ILS is developing a digital form for users.

This will be in use in 2015.

York St John University subscribes to Box of Broadcasts. This allows staff and students to choose and record broadcasts from over sixty TV and radio channels, create clips and playlists, and embed clips in the VLE. For full information, including terms and conditions of use, see their About page. bobnational.net/about

• We can now make preservation copies of items in our permanent collection.

• There is a new exception allowing libraries to make digitised works available through dedicated terminals, subject to licences. This exception aims to open up access to works, for research and private study, to the public.

• The Library is now permitted to record folksongs and broadcasts for archival purposes.

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Licences The University holds a number of licences to legitimise copying for educational use.

See the table below for a summary of the licences. For further information, go to the page for each licence.

Licence

Works covered

Uses covered

CLA (Copyright Licensing Agency)

Books, journals, magazines

Printing and scanning within fair dealing limits; uploading scanned extracts to the VLE (see page 20).

NLA (Newspaper Licensing Agency)

National and regional newspapers, magazines

ERA (Educational Recording Agency)

Broadcasts

Press cuttings from print and online versions (see page 20).

Recording and storage of broadcasts.

Allows use of Box of Broadcasts (see page 21).

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Open licences There are a number of licences on the web that allow the reuse of material subject to certain conditions. Some examples of licences and resources are listed below: Creative Commons

Creative Commons offer six licences that let copyright owners distribute their works and allow further free distribution subject to the terms of each licence. creativecommons.org

GNU Public Licences

GNU licences allow the free distribution of software and documentation under share alike licences. www.gnu.org/licenses

OER (Open Educational Resources)

A global repository of free educational resources available to use, subject to individual terms and conditions. www.oercommons.org

JORUM

A UK repository of free educational resources available to use under Creative Commons licences. www.jorum.ac.uk

Britannica ImageQuest

The Library subscribes to this resource, which contains millions of copyright cleared images for educational use. quest.eb.com

Anatomy and Physiology Online

An online course with interactive modules. Non-commercial use of images is royalty free. www.primalonlinelearning.com/mysubscription.aspx

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CLA licence We subscribe to the Copyright Licensing Agency (CLA) Licence for Higher Education. The Licence allows photocopying and scanning from books and journals, subject to fair dealing limits.

In order to comply with the term of the Licence, ILS offers a centralised scanning service; we will check copyright clearance, scan the items, store the PDF, and make the link available on your reading list. For further information about the service, search for Digital Scanning Service on the ILS website.

To find out more about the reading list service, contact your Academic Liaison Librarian: www.yorksj.ac.uk/ils/all

If you are making copies for teaching purposes then you need to ensure that you are familiar with the terms of the CLA Licence. Not all publications are covered, and an up-to-date list of excluded works can be seen on their website: he.cla.co.uk

NLA licence The Newspaper Licensing Agency (NLA) Media Access Licence for HE allows press clippings to be made from newspapers and magazines, in print and online.

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ERA licence and Box of Broadcasts The University holds an Educational Recording Agency (ERA) Licence. This allows the recording and storage of television and radio programmes.

BoB enables students and staff to record broadcast programmes from over sixty television and radio channels

Holding the ERA Licence allows the University to subscribe to Box of Broadcasts (BoB). This enables all staff and students to record broadcast programmes from over sixty television and radio channels. The recorded programmes can be kept in a personal archive and shared with users across all subscribing institutions. BoB can be used to create film clips, which can then be embedded in the VLE. Please remember that suitable acknowledgement is always required.

For material which is not covered by the ERA Licence, it may be possible to make copies using a fair dealing exception. For example, section 35 allows educational establishments to download non-ERA broadcasts and to make them available for a non-commercial purpose via a secure network. bobnational.net

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Publishing at York St John Theses Copyright in York St John theses are held by the author and your institution.

Equally, when viewing theses from other UK universities, be aware that the copyright is owned by the author or university. Please read the copyright notice at the front of every thesis as different conditions apply depending on when the thesis was completed.

Your intellectual property Copyright is part of a bundle of intellectual property rights. The creator of a work usually owns the copyright – however, copyright can be bought, sold, or leased.

The University is currently working on a new intellectual property policy. Look out for further details online.

When submitting your own thesis to an Open Access repository, such as RaY (Research at York St John), you should not include significant amounts of copyright material without the permission of the rights owner. There are some exceptions in copyright law which would allow the use of small extracts of copyright material without the need to seek permission, such as quoting for illustration, criticism or review. Please contact ILS for further guidance.

The creator of a work usually owns the copyright – however, copyright can be bought, sold, or leased.

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Publishing your work If you plan to publish your own work then copyright is an important area for you to consider. A publisher will usually require you to sign a contract or publishing agreement, and you should consider the terms and conditions carefully. Publishers usually request that copyright is assigned to them for at least a period of time, granting them an exclusive licence to publish the work. In the case of journal articles, this is incompatible with the HEFCE and Research Funding Councils’ requirements for open access publishing. York St John recommends that you retain the copyright to your academic publications where possible. This would allow you to use your own materials for teaching and research purposes, and to deposit your publications in an open access repository. If you require advice regarding publishing contracts then please contact ILS or the Research Office.

Works produced during the course of employment If a work is created by an employee in the course of their employment, then the copyright of that work will usually be owned by the employer. There may be an agreement to the contrary. York St John has an intellectual property policy for students and for staff which covers this issue in more detail.

Generally speaking, if you are employed to undertake certain duties, then works produced in the course of those duties will be owned by your employer.

Students own the copyright in their works unless there is an agreement to transfer the copyright to the University.

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FAQs Q: When does copyright expire?

musical notes and the song lyrics, and performance rights would protect the musicians, singers, and producers of the sound recording.

A: For most material, 70 years from the end of the year in which the author or creator died. For broadcasts, 50 years from the end of the year in which the broadcast was first made. For new published editions of out of copyright works, 25 years from the end of the year in which the edition was first published.

In an education context, performance rights would cover a recitation or a lecture. It is therefore important to seek permission if you wish to record a lecture.

Q: What are moral rights?

Q: Can I link to electronic resources available via the Library catalogue?

A: Moral rights are held by the creator of the work. Unlike copyright, moral rights cannot be assigned or given away.

The most important rights are:

A: Yes. Please link to journal articles and e-books via the provider. The fact that an item may be available to students from a provider’s site, either openly or via a university subscription, does not mean that we have permission to download and distribute copies of that item. To do this, use the permalink feature on the Discover service, find the full record of the item you want to link to, and select ‘Permalink’ from the right hand side of the screen.

• The right to be identified as the author of the work. So, even if you have permission of the owner to reproduce the work, you must still identify the author.

• The right to object to derogatory treatment of the work, such as deletion, addition and alteration, which may affect the reputation of the author.

• the right not to have works falsely attributed.

If you wish to create a list of links and electronic resources, you may want to use our reading list service. Contact your Academic Liaison Librarian for further details: www.yorksj.ac.uk/ils/all

Q: What are performance rights?

A: Broadly speaking, performance rights arise when an individual has given a performance. In the case of a song, copyright would protect the

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Check the ILS website for more FAQs on copyright

Q: Which resources can I use in Moodle?

Q: Can I use my own publications in Moodle?

A: You can use the following materials:

A: If you have had academic works published, you may not be the copyright holder. Copyright is a property right and can be sold, assigned, or given away. It will depend on the contract that you have signed with your publisher. The University has passed an Open Access policy. We encourage those who are getting published to sign a contract that allows their work to be released under a Creative Commons licence. This would allow you to self-archive your work in RaY (the institutional repository), and link to it from Moodle.

• Items which are out of copyright ie the copyright has expired • Items where you or York St John own the copyright • Items which allow reuse eg under an open licence.

We advise that you use copyright free works or seek permission of the copyright holder when using material for teaching purposes. However, an area of the law changed in June 2014 to allow copying works for the purpose of illustration for instruction. If you wish to use extracts of copyrighted works for teaching purposes then please contact ILS for guidance.

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Q: Can I use copyright material as part of an assessment?

Q: Can I now copy images into presentations and Moodle?

A: UK copyright law has an exception for using material for the setting and answering of examination questions.

You may reuse material but you have to consider ‘fair dealing’. Some questions that can help to establishment fair dealing are:

A: The new Illustration for instruction exception permits copying a small amount of a work for the purpose of illustrating a teaching point. This is subject to fair dealing: be fair to the rights holder, use no more than necessary for the purpose, and use full acknowledgement. ILS recommends using copyright cleared images wherever possible.

• Does the copying affect the market for the work?

• Is the amount copied reasonable and appropriate to the context?

• Is it necessary to use the amount copied?

If you wish to use copyright material for online assessments then please contact ILS for advice.

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Further information For further information on copyright law and licences, see the following:

Copyright law is continually changing and adapting in line with case law, EU Directives, government reviews, and international treaties.

The most major changes to the Copyright, Designs and Patents Act came into force on 1 June 2014. This follows Professor Ian Hargreaves’ review, Digital Opportunity (available from www.ipo.gov.uk/ipreview-finalreport. pdf), published in May 2011. This review proposed that UK copyright law was outdated and stifling innovation and economic growth. Change was needed to make the law fit for the digital age whilst protecting the creative industries.

A major change has been the modernising of the copyright exceptions framework. This guidance has been updated to reflect those which are directly relevant to education, research and teaching.

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•

IPO guidance on changes to copyright law www.gov.uk/exceptions-tocopyright

•

IPO PDF guides to exceptions to copyright law www.gov.uk/government/ publications/changes-tocopyright-law

•

Copyright, Designs and Patents Act 1988 www.gov.uk/government/ uploads/system/uploads/ attachment_data/file/331791/ Copyright_Designs_and_Patents_ Act_1988.pdf

•

Copyright Licensing Agency he.cla.co.uk

•

Our copyright policy

Copyright training for staff and students

Ruth MacMullen Copyright & Licences Officer E: r.macmullen@yorksj.ac.uk Lync: r.macmullen W: www.yorksj.ac.uk/ils/copyright

Information Learning Services York St John University Lord Mayor’s Walk York, YO31 7EX T: 01904 876696 E: ils@yorksj.ac.uk W: www.yorksj.ac.uk/ils

© 2015 ILS at YSJ