1. Using Digital Resources Legally: Copyright and the virtual library Dr Jane Secker Centre for Learning Technology, LSE Information For Energy Group (IFEG) 12 th May 2005

2. Introduction to session Introduction to me, my role Copyright law – brief introduction for business sector – What is copyright and who owns it? – What can be copied? – The 2003 EU Directive Licences and contracts Copyright in the electronic environment – Websites – Images – Multimedia Conclusions

3. My role at LSE Learning Technology Librarian working in the Centre for Learning Technology Advise staff about using digital resources in their online course Liase between Library and Centre Copyright an important part of my role Primarily advising staff working in education for non-commercial purposes

4. Copyright and the virtual library Increasingly important to ensure staff understand about copyright in the electronic environment: – As digital resources very easy to copy – Misuse of digital resources much easier to trace by rights owners At LSE all staff using online learning given copyright booklet and information available on website Training as part of staff development Specific copyright queries answered A managed service digitising text to ensure it complies with copyright law Main advice to staff: THINK COPYRIGHT FIRST!

5. Copyright and the Law Copyright Designs and Patents Act 1988 Full text available: http://www.hmso.gov.uk/http://www.hmso.gov.uk/ But a number of statutory instruments that also need to be consulted Most changes to UK copyright law as a result of EU directives For example a new directive came into force in October 2003, to harmonize copyright across EU

6. What is copyright? For a work to be subject to copyright it must: – be original – be fixed (important in electronic environment) – the author must be from a country that recognises copyright law Copyright covers: – literary works, dramatic works, artistic works, photos, maps, works of architecture, musical works, broadcasts, typography, films, websites, even e-mail messages It gives the owner certain rights (moral and economic) – To be identified as the author of a work – To make copies of the work – To communicate it to the public

7. Who owns copyright and what is protected? The author usually owns copyright in a work However, copyright can be bought, sold, leased etc. Literary work – usually person who creates work Sound recording – producer Films – producer and principal director Broadcast – person who transmits broadcast Works created as part of your employment are owned by your employer Students own copyright in all their work unless there is a written agreement to transfer rights.

8. Limitations to copyright Copyright does not mean you can’t copy anything and there are three limitations to the law: – Quantity – Duration – Purpose Quantity – Copyright only protects substantial part of work, therefore using insubstantial part is not infringing

9. Limitations to copyright (2) Duration – Literacy and artistic works - 70 years from death of author, but if author unknown 70 years from when created or published – Sound recordings – 50 years from year made – Films – 70 years from death of the last of the director, screenplay author, composer etc – Broadcast – 50 years since broadcast – Typography – 25 years Purpose – There are several uses which are allowed without the owner’s permission known as permitted acts – fair dealing is the main one which is relevant here.

10. Fair dealing ‘Fair dealing’ permits a single copy to be made: – for non-commercial research and private study – for criticism and review – for reporting of current events – For ‘public administration’ No definition of ‘fair’ but 10% suggested by publishers Self service copying in many libraries comes under fair dealing However this exception to the Copyright Act was changed in 2003

11. The EU directive and commercial research Copyright and Related Rights Regulations 2003. SI No. 2498. Main changes: – Any copying for research or private study, carried out for a commercial purpose, requires prior permission from the copyright owner or a CLA licence to permit certain copying – Companies are no longer able to obtain copies for commercial purposes from document suppliers, without paying a copyright fee – In practice means most businesses need a CLA Licence to be able to make copies legally – Will need to declare if visit another library and make copies Useful overview provided by British Library and CLA: http://www.bl.uk/services/information/copyrightfaq.html

12. Licences and contracts Licences often allow you to go beyond the law Most electronic resources have licences associated with them which take precedent over copyright law Need to read the small print about what you can and can’t do with a resource Licences are increasingly being associated with websites Many bodies also issue licences to govern copying: – Copyright Licensing Agency – Newspaper Licensing Agency – Ordnance Survey

13. The Copyright Licensing Agency (CLA) The UK’s reprographic rights organisation – represent publishers, authors, artists and collect royalties on their behalf for copying The CLA Licences – CLA have a range of licences for business, government departments, schools, further and higher education – Allow you to make multiple copies and go beyond the Copyright Act – Licences increasingly allow photocopying and scanning to take into account new technology – Business licence allows users to photocopy, scan and email extracts from books, journals and periodicals More information on CLA website http://www.cla.co.ukhttp://www.cla.co.uk

14. Scanning of published works Currently in HE need to request copyright permission for everything we want to scan for multiple use Scanning / copyright clearance should be in accordance with CLA licence or licence from publisher If you need to request copyright permission cost typically based on length of article and number of people accessing it Not all publishers grant digital rights Licences are usually for a fixed period

15. Digitisation in other sectors Increasing recognition by CLA that scanning no different to photocopying Joint scanning / photocopy licence available for business and further education. Term include: – Must own a copy / or copyright-fee paid copy – Up to 5% of a work* to be photocopied / scanned – Material can be e-mailed to staff or placed on an intranet not on website – Can’t create an electronic library of articles – Can’t edit / OCR files – More info at: http://www.cla.co.uk/licensing/business/new_business_licence_TC.pdf http://www.cla.co.uk/licensing/business/new_business_licence_TC.pdf

16. Copyright and the Internet Information on the internet is subject to copyright like any other information Websites can be copied in accordance with fair dealing unless there is a explicit licence or conditions Implicit licence would allow you to view and print for personal use If websites have licence, usage must be subject to this e.g. National Archives website – http://www.nationalarchives.gov.uk/legal/copyright.htm http://www.nationalarchives.gov.uk/legal/copyright.htm – Website subject to Crown Copyright (more in a moment!) – Images cannot be copied without permission – Encourages linking to their website

17. Crown Copyright websites Crown copyright material subject to a waiver – so can be copied without infringing ‘Unrestricted copying’ of certain categories of material permitted Most material on UK central government websites can be reproduced without getting permission Some operate a ‘click and use’ licence but no fee For more details see: http://www.hmso.gov.uk/copyright/managing_copyright.htm http://www.hmso.gov.uk/copyright/managing_copyright.htm

18. Copyright and deep linking Linking usually gets round the copyright issue Deep-linking is still an unresolved issue and surface links should be used where possible You need to avoid being accused of “passing off” content as your own Ensure links to external sites open in new browser May be issues of durability if use lots of deep links – surface links more stable

19. Linking to a website / downloading Example of linking to / downloading from the British Library website Read BL copyright statement http://www.bl.uk/copyrightstatement.html http://www.bl.uk/copyrightstatement.html Linking to items on the website would not be infringing (open in new window – ideally not deep links) The site can be “accessed, printed and downloaded in an unaltered form, with copyright acknowledged, on a temporary basis for personal study and non- commercial use.”

20. Images and the Internet Images are easy to download from the internet or scan, but they are subject to copyright and belong to the person who created them Photographs belong to person who took photo Photographs of other people (e.g. students) will be subject to Data Protection Act, rather than copyright Increasingly organisations are watermarking images to protect their digital rights Many websites exist with free images If in doubt should ask permission first!

21. Multimedia resources At LSE we also clear rights for audio and video for inclusion in online courses (password protected) Videos and DVDs purchased for home use cannot be copied without permission from the publishers Can be difficult and expensive to clear rights for film unless it has been broadcast Educational videos and small production companies often more receptive to copyright requests Typically companies charge for a licence fee per video

22. Permission requests If you need to request permission details you should include: – Full details about the item you are requesting permission – Where it will be hosted / domain – Who will have access – everyone / limited group – Access / authentication issues (passwords) – Format of the material – pdf, Word etc. – Duration of licence you require

23. Conclusions and general advice Always check licences before using any electronic resource or website Do not upload material to your website or intranet without appropriate copyright clearance If in doubt seek advice – from books, other experts, in- house lawyers etc. If you infringe copyright law your organisation could be sued

24. Where to go for more information Readings Cornish, Graham. Copyright : interpreting the law for libraries, archives and information services. 4 th ed. London: Facet Publishing, 2004. Pedley, Paul (Editor). Managing Digital Rights: a practitioner’s guide. London: Facet Publishing, 2005. Secker, Jane. Electronic resources in the virtual learning environment: a guide for librarians. Chandos Publishing. 2004 Websites Patent Office website http://www.intellectual_property.gov.uk/http://www.intellectual_property.gov.uk/ World Intellectual Property Organization http://www.wipo.org/http://www.wipo.org/ The Copyright Circle http://www.copyrightcircle.co.uk/http://www.copyrightcircle.co.uk/

25. Any questions? Dr Jane Secker Learning Technology Librarian London School of Economics Tel: 020 7955 6530 Email: j.secker@lse.ac.ukj.secker@lse.ac.uk