Copyright advice
The aim of this brief guide is to provide you with a quick reference point to some of the common copyright issues and questions relating to copyright that impact on your study and research at the College. It is not a legal document so please see the Further information| section below for official sources of information. Academic staff may also like to refer to these guidance notes for using copyrighted digital documents| in their teaching.
The College takes its responsibilities under copyright law very seriously. Please ensure you are familiar with the restrictions and obligations outlined below
Copyright is part of a wider set of intellectual property (IP) rights that offer protection and certain exclusive rights to the owner(s) of the rights in a work. Other IP rights include:
-
Patents - for inventions
-
Trade Marks – for brand identity
-
Designs – for product appearance
-
Copyright - for material (see below)
In the UK the Copyright, Design and Patents Act 1988 (as amended) defines copyright as:
"…a property right which subsists in accordance with this Part in the following descriptions of work -
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films, or broadcasts, and
(c) the typographical arrangement of published editions."
Examples of literary, dramatic, musical or artistic works include books, plays, songs and photographs.
There are three tests that you can apply to any work to determine if it is subject to copyright. These include:
-
It must be original
-
It must be fixed (important in electronic environment) (i.e. exist in a material form - whether that is on paper, electronically or otherwise)
-
The author of the work must be a qualified national (broadly either from a country that recognises copyright law or resident in such a country) or where the work has been published, the country of first publication must qualify (broadly that it recognises copyright law).
All students and staff need to be aware of copyright issues if they intend to:
-
photocopy, scan or digitise material
-
quote/extract from someone else's work in essays, projects and theses
-
put together photocopied chapters and articles to give to students
-
use audio or video material in teaching, presentations or course work
-
save or print material from electronic resources
The legal position is set out in the Copyright, Designs and Patents Act 1988 and subsequent Statutory Instruments. |
What is protected by copyright?
Anything which is printed, written, made or recorded in any form (e.g. academic publications or computer software; plus audio-visual material in any medium) is subject to copyright. This may include books, plays, photographs and songs etc.
Rights of the copyright owner
Copyright gives the copyright owner the exclusive right:
-
to copy the work
-
to issue copies of the work to the public
-
to perform, show or play the work to the public
-
to broadcast the work
-
to make an adaptation of the work
Who owns the copyright?
For literary (including all written material), dramatic, musical or artistic works:
-
usually the author or creator (or employer if the work was done in the course of employment, unless a contract specifies otherwise) but can be assigned to another party: in many cases the author of a published journal article does not hold the copyright but has assigned it to the publisher
-
or willed on at the author/creator's death as part of their property.
How long does copyright last?
Literary, dramatic, musical or artistic works:
-
Until 70 years from the end of the calendar year in which the author/creator dies. For example: Author died on 5th January 1902. Copyright expires on 31st December 1972.
Typographic copyright in the printed page:
-
for 25 years from publication in that edition, so a recent edition of a long-dead author cannot be freely copied
Sound recordings:
-
are protected by copyright for 50 years after they are published or performed
Photographs, official publications, and unpublished works have different rules.
What can be legally copied?
Reproduction of copyright material is permitted in certain circumstances:
Fair Dealing
The 1988 Copyright Design’s and Patents Acts stipulates under ‘Fair Dealing’ that:
-
-
Copying for “non-commercial research or private study, or for "criticism or review": an individual can make a personal copy of a part of a literary, dramatic, musical or artistic work for the purposes of “non-commercial research or private study, or for "criticism or review"
-
By permission: the rights-owner can give permission, with or without a fee, for reproduction of any work to which they hold the rights
-
Copying an "Insubstantial" part of a work: this is allowed under the law, however the law does not stipulate what may or may not be considered a ‘non substantial part’, therefore any portion of copying might be considered a substantial part of the whole work depending on its length. Short extracts of a work may be copied for the purposes of criticism or review if sufficiently acknowledged.
Copying for educational purposes
For the educational use, the College purchases annually the Copyright Licencing Agency (CLA) Higher Education Photocopying Licence. This is a blanket licence allows a single copy from paper to paper of most UK publications, specifically for the purposes of giving or receiving instruction:
-
Up to 5% of a book or a complete chapter OR whichever is the greater
-
Up to 5% of a single article from a journal OR whichever is the greater
-
Up to 10% (maximum of 20 pages) per short story (without chapters), report, pamphlet or Standard Specification
-
One poem or short story (maximum of 10 pages) from an anthology
-
One separate illustration or map up to A4 size (but illustrations which are an integral part of articles/chapters may be included in categories 1 and 2 above).
-
Short excerpts only from musical works (not whole works or movements) and no copying for performance purposes.
Multiple copies
-
The Licence allows multiple copies of an item for education purposes providing the maximum amount does not exceed one copy per student on a course of study plus one copy for the tutor
-
The copies must be made by the person giving the instruction and from paper to paper copying only
-
The copy must be made from an original copy of the book or journal (owned by the College, or a lecturer’s own copy) OR from a Copyright-Fee Paid photocopy obtained from the British Library
What the licence does not cover
-
The Licence does not permit the copying of printed music, maps and charts, theses, bibles and prayer books, or separate illustrations, or photographs, or works published by US publishers who are not participating in the licence.
Other Licences held by the College
The College holds a number of other licences which regulate copying of works. These include:
The Educational Recording Agency Licence: This licence covers off-air recording of TV and radio broadcasts.
The CLA Higher Education Digitisation Licence: This licence covers the scanning of publications for classroom use.
The Newspaper Licensing Agency Licence: This licence covers the reproduction of newspaper articles from both national and some regional titles.
Visually impaired persons
You may make a copy of a whole work in a more accessible format (i.e. enlarging the image on a photocopier) for your personal use provided that:
-
One copy of the original work has been purchased by you or the College
-
The work must not be available commercially in the format needed
-
The copy cannot then be added to the Library Short Loan Collection
-
If it is a musical work, transfer to an alternative format must not involve recording a performance of the work
-
The copy must be marked to show it was made under this legislation.
Help with making photocopies for Visually Impaired Persons
If you require help, making a copy of a work into a more accessible format, please speak to a member of the Library staff. There will normally be a charge for copying under the standard rate for photocopying. For more information on services provided by the Library to students with special needs, please see information guide number 52, available in the Library.
Copyright and the web
Materials located on the internet are also subject to copyright. You should treat materials located on the web i.e. web page content as you would print material. If the web page does not give clear permissions (usually on the homepage) allowing you to print it out or cut and paste sections from it, you will need the permission of the copyright owner. Further information on copyright and the internet can be found on the CLA website|.
Copying from electronic resources
The Library signs a licence with each publisher which permits certain activities and forbids others. It is the responsibility of all members of the College to ensure that they do not breach these licences when using an electronic resource.
Copying from e-journals available via the Library
If you are a current staff or student member of the College, then you may:
-
Print a copy of an e-journal article for personal use (research, teaching, private study)
-
Download a copy of an e-journal article for personal use (research, teaching, private study)
-
Send a copy of an article to another authorised user.
However, all electronic resources purchased by the College are subject to both user restrictions on who can use and access the texts and general copyright law.
Further information on copyright and intellectual property
Library copyright contact
Adrian Machiraju, Information Consultant
Bedford Library
a.machiraju@rhul.ac.uk|
Tel: 01784 443327