Presentation is loading. Please wait.

Presentation is loading. Please wait.

EVERYTHING YOU WANTED TO KNOW ABOUT RECENT CHANGES IN COPYRIGHT BUT WERE AFRAID TO ASK Charles Oppenheim Loughborough University

Similar presentations


Presentation on theme: "EVERYTHING YOU WANTED TO KNOW ABOUT RECENT CHANGES IN COPYRIGHT BUT WERE AFRAID TO ASK Charles Oppenheim Loughborough University"— Presentation transcript:

1 EVERYTHING YOU WANTED TO KNOW ABOUT RECENT CHANGES IN COPYRIGHT BUT WERE AFRAID TO ASK Charles Oppenheim Loughborough University

2 SOME BACKGROUND n Copyright has always been a tension between owners and users n Up until recently, that tension was controlled by limitations in technology n Machine readable materials pose particular problems for copyright owners

3 PROBLEMS n Easy to copy m/r data, or convert hard copy into m/r form n Copies are high quality n Copies can be easily put on the Web or sent to large numbers of people n Copying costs little or nothing n Difficult to police

4 OWNERS’ RESPONSE n Lobby for strengthening of copyright law n Develop technical measures to prevent copyright abuse (and have laws to protect such measures) n Lock users into contracts

5 WHERE IS THE PRESSURE BEING APPLIED? n International - World Trade Organisation n Regional - EU n National - USA n Days have long gone when UK has been in the forefront in developments in the law n Last time was the Copyright Act 1988

6 FOUR MAIN CHANGES TO THE LAW n Length of term from 50 years post mortem to 70 years post mortem n Orwell, Doyle, Shaw, Woolf, Kipling…. n Protection for databases n William Hill versus British HorseRacing Board n Can no longer ‘fair deal” in databases for commercial purposes

7 n New restricted act “communicating information” (in practice, placing on networks) n Illegal to tamper with copyright management information or technical measures with the intention of infringing, or concealing infringement

8 TECHNICAL FIXES n ECMS (Electronic Copyright Management System) n ERMS (Electronic Rights Management System) n DRM (Digital Rights Management [system])

9 EU DIRECTIVE n Must be implemented by end of 2002 n Draft S.I. Due in September, so little time for debate or lobbying n DTI's approach is to make minimal changes n Likely therefore to be only slight harmonisation with other member states

10 MAJOR FEATURES n Placing material on the Internet a restricted act n Reduces fair dealing and library privilege n New criminal offences to by-pass or de- activate copyright management information, or to by-pass or de-activate ECMS, with a view to infringement n No change to definition of “prescribed libraries”

11 IMPLICATIONS n Removes exceptions to copyright for commercial purposes n Change from single charging mechanism to a double one n Applies to self-service photocopying and ILL n Higher fees get paid to copyright owners n Revised declaration form

12 WHAT IS COMMERCIAL COPYING? n Has to do with making money n No need to apply foresight n What was the reason that you wanted the copy at the time you asked for it? n Onus is on patron to make an honest declaration

13 EXAMPLES n Students on their courses - NC n Lecturers for their teaching - NC, unless they plan to create commercial products, such as e-learning materials, from it as well n Preparation of a book or book chapters where royalties are expected - C n Preparation of an article for a scholarly journal - NC unless they expect to get paid for it (makes no difference who the publisher is)

14 n University research sponsored by a commercial company - C? n Work done by a student who is sponsored by a company for a taught course - NC n Work done for spin-off company from a college/HEI - C, even if profits covenanted to college/HEI n Preparation for a conference paper - NC, unless speaker gets a fee (very problematic for me!)

15 n NHS-related - NC n Private medicine-related - C n Mixture of the two - C n Work done by librarian for his/her own CPD - NC n Copying by an information broking service - C

16 CONCLUSIONS n New bureaucracy n Complications for self-service n Negotiations with CLA or individuals publishers n Involve SCONUL ASAP - UUK may not be appropriate n If a licence is not sorted out by end of 2002, you must STOP patrons making self-service copies or ordering ILL for commercial purposes


Download ppt "EVERYTHING YOU WANTED TO KNOW ABOUT RECENT CHANGES IN COPYRIGHT BUT WERE AFRAID TO ASK Charles Oppenheim Loughborough University"

Similar presentations


Ads by Google