Copyright Law and Repositories Mahesh Madhavan Legal Information Specialist

Presentation Outline Scope of copyright Scope of copyright Exclusive rights of copyright owner Exclusive rights of copyright owner Who owns what? Who owns what? Authors, Publishers, Curators & Copyright Authors, Publishers, Curators & Copyright Copyright exceptions Copyright exceptions Top Tips Top Tips

Scope of Copyright Copyright, Designs and Patents Act 1988 (CDPA )

Exclusive rights of copyright owner to copy the work to copy the work to issue copies of the work to the public to issue copies of the work to the public to rent or lend the work to the public to rent or lend the work to the public to perform, show or play the work in public to perform, show or play the work in public to communicate the work to the public to communicate the work to the public to make an adaptation of the work to make an adaptation of the work

Who owns what? Author is the person who creates a work Author is the person who creates a work The author of a work is the first owner of any copyright in it – Section 11(1) CDPA The author of a work is the first owner of any copyright in it – Section 11(1) CDPA Exception are works made by an employee in the course of his employment Exception are works made by an employee in the course of his employment Multiple contributors – many rights owners Multiple contributors – many rights owners Staff and student contributors Staff and student contributors

Authors, Publishers, Curators & Copyright Publisher agreement – from assignment of copyright to ‘exclusive licence to publish’ Publisher agreement – from assignment of copyright to ‘exclusive licence to publish’ Can I post pre-prints in a repository? Can I post pre-prints in a repository? Can I post post-prints in a repository? Can I post post-prints in a repository? What about different versions (e.g. pdf, word)? What about different versions (e.g. pdf, word)? What should I as a curator do? What should I as a curator do?

Copyright exceptions Research and private study Research and private study Applies only to narrow range of subject matter Applies only to narrow range of subject matter Educational use – instruction or examination Educational use – instruction or examination No reprographic copying No reprographic copying Sound recordings and films exception Sound recordings and films exception Examination exception Examination exception Reprographic copying of passages by educational establishments Reprographic copying of passages by educational establishments Library and archives Library and archives Restricted to certain works Restricted to certain works

Top Tips Towards Gratifying Stress Ascertain the copyright owner Ascertain the copyright owner Obtain permission from copyright owner for the adaptation and archival of the content Obtain permission from copyright owner for the adaptation and archival of the content Obtain permission for depositing and disseminating the content Obtain permission for depositing and disseminating the content Is the content a slavish copy? Is the content a slavish copy? Check publishing agreements Check publishing agreements Copyright – just one of the legal issues others include database right, accessibility, defamation, data protection Copyright – just one of the legal issues others include database right, accessibility, defamation, data protection

A check-list

Further information e-Repositories and the Law - Deposit Checklist e-Repositories and the Law - Deposit Checklist e-Repositories and the Law Essentials e-Repositories and the Law Essentials Legal Aspects of e-Repositories and e- Collections Legal Aspects of e-Repositories and e- Collections

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