A. COPYRIGHT – AN OVERVIEW

What is copyright?

Copyright is a property right and protects the moral and economic rights of writers, publishers and other creators. It applies to physical materials and to the electronic environment. Copyright is infringed by copying without permission.

Durham University has comprehensive information on the University copyright pages and holds a Copyright Licensing Agency (CLA) Higher Education Licence enabling the use of extracts of copyright protected printed books and journals to support teaching.

There are different copyright permissions for print/paper copying and for electronic/ digital use. This guide will therefore touch upon copyright for print and electronic media.

What does copyright protect?

• literary works, including books, webpages, computer programmes and instruction manuals

• dramatic and musical works, including the music to songs

• artistic works, including technical drawings, photographs, diagrams and maps

• films, videos and broadcasts, including those on cable and satellite

• sound recordings

• databases, whether paper or electronic

• typographical arrangement or layout of publications

Copyright covers every medium in which a work exists, including the internet. Unlike most other intellectual property rights, copyright does not require registration. It is an automatic right once work is 'fixed'.

How long does copyright last?

The period of protection varies according to the type of copyright work. When and where it was created may also be important.

In the UK, copyright protection for literary, dramatic, musical and artistic works lasts until 70 years after the death of the creator. Copyright in film lasts for 70 years after the death of the last to die of the director, author of the screenplay, author of the dialogue or composer of the music. Copyright in sound recordings and broadcasts lasts for 50 years. Copyright for the typographical arrangement of publications lasts for 25 years.

Who owns copyright?

The general rule is that the author of the work is the first holder of copyright. However, if the work was made by an employee in the course of employment then the employer (not the author) is the first owner of copyright, unless there is an agreement to the contrary between the employer and the employee.

Copyright exceptions

Fair dealing – research for non-commercial purposes and/or private study

This form of fair dealing may apply to a student who downloads and uses material in their own work, but it is unlikely that multiple copying of that work for class or posting on an intranet would be covered by this exemption. Copying for a commercial purpose (whether by photocopying, scanning, or downloading and copying from the internet) is excluded from the statutory exception of fair dealing or library privilege.

Fair dealing – criticism, review and news reporting

Fair dealing with a work for the purpose of criticism or review (such as a book review) does not infringe copyright, provided that it is accompanied by a sufficient acknowledgement (usually bibliographical details) and provided that the work has been made available to the public. (Accordingly, there is not fair dealing exception for criticism and review of an unpublished work.) Fair dealing does not apply to photographs.

For the use of extracts from literary works for the purpose of criticism or review, the Society of Authors (www.societyofauthors.net) has issued the following guidelines:

• a single extract of up to 400 words or a series of extracts (of which none exceeds 300 words) to a total of 800 words from a prose work

• extracts to a total of 40 lines from a poem, provided this does not exceed a quarter of the poem

‘Fair dealing’ for the purposes of ‘criticism or review’ may apply if short extracts of copyright material are posted on an intranet or possibly the internet, but the purpose must be that of criticism or review and not use of the extracts solely for illustrative purposes.

Substantial use

If the use of a copyright work does not involve using a substantial part, then there will be no copyright infringement. What constitutes a ‘substantial part’ is determined on a case by case basis and there are no set guidelines. In some cases a very small part of a copyright work (such as a summary, the headline, a list of recommendations or the concluding remark) will constitute a ‘substantial part’. Also, illustrations and graphs are considered to be separate works to the text of an article, chapter or book. For larger texts a rule of thumb often cited is no more than 800 words in total extracts with no single extract from the work exceeding 300 words. For poems, 40 lines is cited as a good rule of thumb, provided that does not constitute more than 25% of the poem.

Collective licensing schemes

Durham University holds a licence from the Copyright Licensing Agency (CLA) which allows us to digitise certain materials for use on the VLE. Scanning is limited to nominated individuals in the within the library digitisation service.

Permitted acts by copyright owners/holders

Guidelines which form part of, or are posted, with the owner’s copyright material, or on a website, may provide express permission for certain (or any) uses of the copyright material – however copyright owners/webmasters often have detailed restrictions on the use of materials found within their websites, examples being: ‘one copy may be downloaded for private use only’ or ‘copies are allowed for use only in educational establishments’.

Before creating educational materials

When creating educational materials please try to ensure that at least one of the following applies:

• The author owns the copyright on any material used

• The university owns the copyright on any material used

• The material is out of copyright

• Use of material is allowed under the law

• The copyright holder has given written permission to use their material

Summary of copyright licences held by the University

•The Copyright Licensing Agency Photocopying and Scanning Licence •The Newspaper Licensing Agency Educational Licence •The Ordnance Survey Educational Copyright Licence •The Educational Recording Agency Educational Recording Licence •The Open University Licensed Off-air Recording Scheme

All 5 licences permit the copying from books, trade and consumer magazines, journals and other periodicals plus cuttings and documents supplied by third parties.

Many of our licences also allow the copying and re-use of content from digital publications.

• International agreements mean that licence holders can copy from books, journals and magazines published in the UK and 30 other territories including the USA, Canada, Australia and all the major European countries. The link below gives a useful list of which countries we can photocopy from.

http://www.cla.co.uk/licences/excluded_works/international

• As well as photocopying, scanning and digital re-use, our licences also allow internal emailing of copies and some limited storage on a secure intranet.

• Copies can be made of up to a chapter, entire article or 5% of the publication, whichever is the greater.

• Photographs, illustrations, diagrams or charts may also be copied where they are included in the body of the extract or article.

• The CLA licence applies both to photocopying and scanning (digitisation). The CLA provides detailed user guidelines to the licence.

B. DIGITAL COPYRIGHT

Copyright law applies to the digital environment and so copyright material in digital form is protected in the same way as material in any other media – text and images on a website are copyrighted in the same way as printed material. However, in practice, using materials from a digital environment is slightly different to using printed materials. For example, just because it is permissible to photocopy an image and include it in a hand-out this does not necessarily mean it is permissible to include that image on an intranet site.

Use common sense – if you are profiting from someone else’s work or if your use of someone else’s work will deny them revenue then tread very carefully. However, where copyright is genuinely inadvertently infringed and the infringer responds promptly and responsibly as soon as the infringement is detected, in the event that the copyright owner proceeds to take the infringer to court, the fact that the infringement was inadvertent is likely to reduce the penalties. This is especially the case if the actual damages suffered by the copyright holder are nil and if the infringer has not profited from the inadvertent breach of copyright.

Materials uploaded to the VLE are still subject to copyright laws, and these rules apply in the same way regardless of whether the site is password protected or secured in another way. Although copyright owners are sometimes more inclined to provide permission where the work will be made available only in a password protected area.

You cannot…

• Do anything that would damage any commercial market.

• Copy text from another webpage

• It is illegal to copy a substantial part of text from someone else’s web page without their permission.

• Put the work of others on the internet without their consent

• Journal articles should be linked to and not put on the VLE as PDFs.

• Put another person’s images on the internet without permission

• Before you include any image in webpages, hand-outs, or PowerPoint presentations, you must have the permission of the rights-owner – unless you know the image is out of copyright or covered for digital use by a licence held by the University. However, even if the copyright has expired there may be other legal issues preventing you from making use of the work (for example cartoon characters are often registered as trademarks).

Your best choices for using images on a website are:

• Create your own images

• Use copyright-friendly images from sources which explicitly state that the use you are contemplating is permitted

• Obtain written permission (printed e-mail or fax is acceptable) to use the images

• If the image contains people (especially children), privacy law requires that you ensure that they are unidentifiable or that their permission was given for their image to be used.

• Use a copy of a map

o You will need to get permission from the map publisher. Standard licences are available from most major map publishing companies such as Street Map www.streetmap.co.uk and the Ordnance Survey www.ordnancesurvey.co.uk.

• Use a PDF of annual accounts, in-house brochures…

o We can link to these where they are online but need specific permission to use a PDF. In cases where learning material refers to annual accounts of year 20XX and on a company website these will not always be available, the company is usually happy to give permission as long as no negative references to the company are made.

• Use company logos

o To use a company logo (e.g. Coca-cola, Amazon) you will probably need copyright clearance, but you probably do not if you used a picture of some cans or someone looking at the Amazon website.

• Use newspaper articles

o You need permission from the Newspaper Licensing Agency www.nla.co.uk

You can/should…

• Shallow link to another webpage

o It is generally accepted practice to provide links to other relevant web-based materials without permission if this link directs the user to the home page of the site and not a page further into the site – if you want to do this you should obtain the consent of the site owner, as you would for embedded links. An exception is e-journals, which usually allow users to link to individual articles with proper acknowledgment. YouTube videos may be embedded.

• Put copyright-free images on the internet

o There are copyright-free images available, for example from Creative Commons http://creativecommons.org/ or the University Image Bank – available to all University staff https://debussy.dur.ac.uk/asset-bank/action/viewHome. Staff can simply login using their CIS username and password.

• Use a short quotation

o You need to be aware of interpretations of substantial and insubstantial use and quality vs quantity – whether or not the part to be reproduced is substantial is subjective and the quality, importance or significance of the extract are equally as important (some may say more so) as the quantity of words or lines – using just four lines of a poem or even a four word extract have been found to be substantial.

• Refer to a recognised theory

o A recognised theory that the writer is commenting on/critiquing should be legal under fair dealing – criticism, review and news reporting (so probably ok for Maslow’s hierarchy of needs, etc.).

Grey area

There exists a group of exemptions which fall within the scope of ‘fair dealing'. Material reproduced for the purposes of non-commercial research or private study, for criticism or review or for the reporting of current events is included in this group. If material is reproduced for these purposes, provided it is genuinely and fairly used for the stated purpose, and is accompanied by a sufficient acknowledgement, it may be considered fair dealing and thus exempt from clearance. However, the test is subjective and will depend on the circumstances in each case.

C. USEFUL RESOURCES

• NASDAQ website

The NASDAQ website has some financial and business news videos that you can ‘share’ or link to the NASDAQ site on another website, provided that (a) the link must be a text-only link clearly marked ‘NASDAQ Home Page’ or ‘NASDAQ.com’, (b) the link must ‘point’ to the URL ‘http://www.NASDAQ.com’ and not to other pages within the NASDAQ Site.

• Creative Commons

Creative Commons (CC) http://creativecommons.org/ provides creators of original material the ability to license their content via the web by the use of boiler-plate licences, from which they can select under what terms they would like others to use their material. For example, putting the word ‘finance’ into the search box and then selecting images brings up 177 images of related to finance ‘labelled for commercial reuse with modification’.

There are six types of CC licence

1. Attribution Non-Commercial – No Derivatives - may be shared, but cannot be changed. 2. Attribution Non-Commercial Share Alike – may be shared and can be changed, built upon and licensed back into the community under the same licence. Note: many OER communities use this licence 3. Attribution Non-commercial – can be changed, built upon and whilst attribution to original author must remain any derivative works do not need to be re-licensed on the same terms. 4. Attribution No Derivatives – permits redistribution, commercial and non-commercial. Must not be changed in any way and credit to original author to remain. 5. Attribution Share Alike – can be changed, built upon – even for commercial reasons. Must be acknowledged and any new creations must be licensed under the same terms, including commercial use. Most useful for software. 6. Attribution – this permits changes to be built upon, even commercially, and only requires that acknowledgement remains for the original creation. This is the widest licence available.

• University image bank

This is available to all University staff https://debussy.dur.ac.uk/asset-bank/action/viewHome. Staff can simply login using their CIS username.

• FreeImages.co.uk

http://www.freeimages.co.uk/ over 2,500 photographs which may be freely used or adapted for use on web sites or in publications, under FreeImages terms and conditions which include that a credit/link is given to the site.

• Philip’s House of Stock Photography

(www.photo.net/stock/): This site provides many free images and also provides links to other free image site.

o Graphic Maps (www.graphicmaps.com) – free images of maps, flags and globes. (The site also contains many maps and images available for a fee, but the free ones are easy to find).

D. FREQUENTLY ASKED QUESTIONS

Q. If the University library subscribes to a journal but for some reason students cannot download an article (browser issues, slow internet connection, etc.) can you help them by:

• emailing a PDF to other students?

A. This is risky and should only be done on a case by case basis –but a safer response would be to approach the library and if further advice is required then contact Colin Theakston who is Academic Liaison Librarian responsible for copyright within the university, his email is colin.theakston@durham.ac.uk

• putting a PDF on the VLE?

A. As above

Q. If an academic from the university has authored/co-authored an article, can that academic give permission for a PDF to be placed on the VLE?

A. No – the copyright will have passed to the academic institution

Q. If a newspaper article or similar is currently freely available on the internet but might not always be so, is it permissible to save a copy with full attribution and give others access via our VLE?

A. It is legal to retain a copy for up to 28 days only – for further information check the Newspaper Licensing Agency – http://www.nla.co.uk

Q. If a student is in a country where access to certain websites is banned, is it permissible to extract information and place it on the VLE?

A. Yes

Q. What is the legal situation regarding redrawing a diagram from a text book within learning materials, giving full source and referencing the text fully?

A. Probably OK if not too many and fully referenced for print – however this will not necessarily apply for material to be put on the VLE

Q. Is it the case that it is allowable to reproduce one chapter or 5% of a book/journal without seeking explicit permission? If so, in what format – print or electronic?

A. 5% or one chapter, whichever is the greater. For a journal, 1 article from 1 issue is permissible. This applies only to print items.

Q. If you had a presentation that made extensive use of the reproduction of diagrams from another publication, e.g. over 60%, would you need explicit permission? Is explicit permission needed for all artwork, or is this over a certain percentage of use in a given publication, i.e. at what point is it not enough just to cite the source in other words?

A. Probably OK if the university has purchased the text for our students, the presentation is pulled out just to make further comment and all is fully referenced

Q. Where work is yet to be published, e.g. working papers from other universities, what is the position for reproducing this?

A. The author retains copyright at this stage. You would need permission from all authors, in writing before going ahead.

Q. Is there a set number of years after which copyright is no longer owned on works?

A. In general 70 years but do be careful about page layout – the publisher retains copyright on the layout of their publication for 25 years .

Q. Screenshots from commercial websites (e.g. Amazon) – is permission needed?

A. The best advice is to always to obtain permission

Some practical alternatives to obtaining permission to use copyright material

• Consider whether any freely available materials could be used instead. Sources may be:

o Material which is out of copyright (though remember that copyright can exist in typographical layout even if the text is out of copyright)

o Material which is made freely available to the public

• Create web links to material which is legally available on the Internet but does not permit copying. You may set up a link to the other page, but the link should direct the user to the home page of the site and not further into the site.

• Create your own work. It is possible to create your own bank of images through drawings and your own photographs of buildings, sculptures, works of art in public places or in premises open to the public (where drawing, photography and/or filming is permitted).

• #Ask yourself if is it vital that you use the particular work you are considering? For example, rather than a photo of David Beckham playing football could you instead use your own photograph of a friend or family member playing football?

• Provide references to copyright work rather than reproducing the works.