1. Copyright for Learning, Teaching and Research Part 1 Andrew McVay, Legal Compliance Officer Information Services Copyright & Licensing Team

2. Brief Outline  What is Copyright?  What is covered by Copyright?  Copying Legally  Out of Copyright  Copyright Waived  Permitted Acts Fair Dealing (copying for non-commercial private study) Education  Copyright Licences  Obtaining permission

3. What is Copyright?  Copyright is the legal protection given to creators of original material against unauthorised exploitation of their work.  As defined by the Copyright, Designs and Patents Act 1988, Part 1 (as amended). Eg. Copyright (Visually Impaired Persons) Act 2002 Copyright and related Rights Regulations 2003 Basically, copying without permission is illegal!

4. What is covered by Copyright? The © symbol does not have to be displayed on original work for it to be subject to Copyright. Copyright subsists in: Books Articles Photographs Films and Videos Sound Recordings Artistic works Musical works Computer programs Databases Typographical arrangements

5. Copying Legally You own the copyright Material is out of copyright Copyright is waived A permitted act of copying eg. Fair Dealing Copying for non-commercial, educational purposes eg. examinations Permission granted under a licensing scheme eg. CLA, ERA, NLA, e-journals Permission obtained in advance, in writing from the copyright owner.

6. Out of Copyright Literary, dramatic, musical, artistic works: author’s lifetime + 70 years Sound recordings, broadcasts: 50 years Typographical arrangement: 25 years Computer programs: author’s lifetime + 70 years Some works have more than one ‘author’ for example a film would have a director, author of screenplay, composer of sound-track etc. Artistic works also include works of architecture, i.e. buildings or a model for a building.

7. Copyright Waived Permission to copy not required US Government publications (Public domain) Some UK Crown Copyright material (e.g. Acts of Parliament, Statutory Instruments) Publications which state ‘may be freely reproduced with full acknowledgement’ *The rightsholder still has the right to protect the material against use in a derogatory or misleading manner.

8. Permitted Acts ‘Fair dealing’ for non-commercial research or private study Copying by Librarians Non-commercial education purposes (limited) It should be noted that the above acts are not rights – this kind of copying could still be challenged by the rightsholder.

9. Make a single copy for non- commercial research or private study This is called ‘Fair-dealing’ and is what is termed an exception under the Act. There are limits to the amount of material that can copied under fair dealing:  up to 5% or one chapter of a book  up to 5% or one article of a journal issue

10. Copyright Licences The Act encourages the setting up of Licence Schemes. These permit Licensees to copy beyond the limits permitted by the Act. The University holds a number of these licences:

11. Newspaper Licensing Agency Although it is lawful to clip an article from a newspaper and circulate it, that article may not be photocopied for purposes other than non-commercial research or private study, criticism or review, or for reporting current events. This licence permits the copying of articles for teaching and management purposes. The Licence covers the major UK national daily and Sunday papers, plus many local papers, including the Western Mail, South Wales Echo and Wales on Sunday. A number of foreign newspapers are also included in the repertoire. Up to 250 copies may be made of any one article from any one issue of a newspaper for circulation to University staff and students. Copies may be distributed by fax.

12. The Act states that copying a film, television broadcast or cable programme without permission is an infringement of copyright. Cardiff University holds two Licences that permit the recording of broadcasts, and the use of such recordings for educational purposes. The Educational Recording Agency or ERA Licence permits the recording of radio and television programmes broadcast by members of the scheme (subject to terms and conditions). These include BBC, ITV, Channel 4, Channel 5 and S4C. ERA have produced a booklet for users of the licence which is available at http://www.era.org.uk/New_Booklet.pdf Educational Recording Agency

13. Using Electronic Journals  Check each e-resource licence terms and conditions before use.  Do you have permission for example to:  to copy and paste articles in Blackboard?  to link directly to articles held in resource?  to print out multiple copies?  to send copies of pdf’s by e-mail?

14. Using the World Wide Web  Check each Website terms and conditions before use.  Does the website grant permission for example:  to deep link to articles held on website?  to link to homepage only?  to copy and paste articles in Blackboard?  to print out multiple copies?  to send copies of pdf’s by e-mail?

15. Obtaining Permission If material is not covered the licence then permission must be obtained, in writing, from the rightsholder before copying. Remember - lack of response does not imply consent! We can help you obtain permission, but a copy must not be made until permission is obtained.

16. Copyright for Learning, Teaching and Research Part 2 The CLA HE Licence for Photocopying and Scanning

17. Summary  The Licence (general overview)  What material can be photocopied/scanned  What material cannot be copied under the terms of this licence  How much can be photocopied/scanned – extent limits  Photocopying  Who can photocopy  Licence Checklist  Scanning  Who can scan  Copyright notice  Distribution of scanned material  Housekeeping  Data reporting & auditing  Licence Checklist

18. What material can be copied?  Most printed,  Books  Journals  Magazines provided that,  The University owns at least one copy of the original text  Published in the United Kingdom, USA and 28 other countries  For Scanning - published in the United Kingdom and USA only  Not on list of Excluded Works/Categories (for photocopying and scanning) as published on the CLA website. www.cla.co.ukwww.cla.co.uk

19. International Territories Argentina Australia Austria Belgium Canada Denmark Finland France Germany Greece Norway Singapore South Africa Spain Sweden Switzerland Taiwan Trinidad and Tobago and USA * Hong Kong Iceland Ireland Italy Jamaica Japan Luxembourg Mexico Netherlands New Zealand

20. What material cannot be copied?  Works published outside the United Kingdom and the International Territories.International Territories  Works published by US publishers that are listed on the 'Excluded US Publishers List‘Excluded US Publishers List  Maps, charts or books of tables  Printed music (inc the words)  Works specifically excluded by a special notice mentioning CLA, either on the work itself or by inclusion on the list below  Tests or public examination papers whether published individually or in a collection  All newspapers  Privately owned documents issued for tuition purposes and limited to clientele who pay fees (except those published by the Open University or the National Extension College)  Workbooks, workcards, or assignment sheets  Industrial house journals

21. Additional restrictions on scanning…  Where CLA licences include scanning rights they currently only permit the scanning of works originally published in the UK and US, except where the US publisher has specifically excluded them. See the 'Excluded US Publishers List'.Excluded US Publishers List  In addition, customers in the higher education (HE) sector should also refer to the separate list of Works excluded from scanning under the terms of the HE licence Works excluded from scanning under the terms of the HE licence

22. Extent Limits How much can be copied? In relation to students enrolled on a Course of Study, the proportion of a book, journal or magazine that may be photocopied is subject to the same extent limits as follows: Whichever is the greater of:  5% or one chapter of a book  5% or one article of a journal issue  5% or one paper of one set of conference proceedings  5% or one case of one report of judicial proceedings  5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages.

23. Photocopying

24. The CLA Photocopying Licence Permits:  University registered staff and students to photocopying multiple copies from most books, journals & periodicals published in the UK, USA and 28 other countries  Within the licensed extent limits  For educational/ non-commercial purposes & (under certain circumstances, commercial purposes)  To be prepared and distributed with reference to students enrolled on a course of study and to the tutor delivering the course  Licence does not cover photocopying for personal use.

25. Licence Requirements Checklist (Photocopying)  Check University owns an original copy  Check excluded works/ categories list  Check extent limit  Make sure you always acknowledge the source.

26. Scanning

27. The CLA Scanning Licence Permits:  Authorised scanning from most books, journals & periodicals published in the UK & USA  Within certain limits  For educational/ non-commercial purposes & (under certain circumstances, commercial purposes)  To be prepared and distributed with reference to students enrolled on a course of study and to the tutor delivering the course  Licence does not cover scanning for personal use.

28. Who can authorise the preparation, digitisation and distribution of scanned extracts for a Course Collection? Designated persons located in each school nominated by the University Will ensure creation of digital copies is done in accordance with the requirements of the licence. INSRV will keep up-to-date records of who the Designated Persons are at Cardiff University.

29. Copyright Notice All Digital Copies must contain a Copyright Notice in a prominent place. Schedule 3 CLA Copyright Notice Schedule 3 CLA Copyright Notice Generally the Copyright Notice should be scanned as part of the item, so that it forms the first page e.g. of a PDF file.

30. Licence Requirements Checklist (Scanning)  Check University owns an original copy  From material published in the UK and USA  Check excluded works/ categories list  Check for existing digital version  Check extent limit  Complete data reporting sheet  Review content regularly

31. Distribution of scanned extracts  VLE - Blackboard  CD-Rom  E-mail (single instance)  PowerPoint Presentations Must not  World Wide Web

32. Data Reporting All Designated Persons must compile bibliographic and course based details for each and every Digital Copy created under licence on a Digital Copy Record Sheet. CLA Data Recording Form

33. Housekeeping Review of digitised documents should be invoked at least once a year and, more frequently, where a course of study runs for less than twelve months.

34. Compliance Audit The CLA will occasionally visit Cardiff University to carry out a compliance audit reviewing all content scanned under licence.

35. Stop! Think: ‘Is this OK to copy?’ Contact INSRV Copyright Unit Advice Guidance Information Leaflets Posters Forms Ext. 79033 or 74214 Copyright@Cardiff.ac.uk www.cardiff.ac.uk/insrv/copyright