Many of the resources you wish to use to support your teaching and research are protected by copyright. However, the good news is that there are ways in which you can legitimately use those materials without infringing copyright. This session will give an overview of the licences the university holds, as well as the permitted acts built into copyright law which allow educational establishments to benefit from a suspension of the rules which normally govern the use of copyright protected works.
Presented by Gordon Sandison, Licensing & Copyright Manager, University of Liverpool
Copyright for Teaching: an introduction, November 2022
1. Copyright for Teaching -
an Introduction
Gordon Sandison
Licensing & Copyright
Manager
24 November 2022
2. What we’ll cover today
• What copyright is.
• Licences.
• Permitted acts/copyright exceptions.
• Risk management.
3. Legal Disclaimer
I am not a lawyer. The guidance given in this
presentation is based on my professional
experience and guidance developed by Jisc. It
should not be construed as legal advice. If you
require specialist legal advice you should speak
to one of the university’s legal representatives
or consult a specialist lawyer.
5. Q1. Does copyright protect ideas?
Yes or No?
No.
There are two tests a work must pass for copyright to exist in it.
Firstly, it must be ‘original’ and secondly, it must be recorded or ‘fixed’ i.e.
be something tangible.
So, copyright does not protect ideas which remain solely as ideas. Rather
copyright protects the way these ideas are expressed.
Copyright covers different types of content (text, images, sound, moving
images etc.)
7. Q3. How long does copyright last?
10 years / 20 years / 70 years / Depends on the type of Work?
Type of work How long copyright usually lasts
Written, dramatic, musical and artistic
work
70 years after the author’s death
Sound and music recording 70 years from when it’s first published
Films 70 years after the death of the director,
screenplay author and composer
Broadcasts 50 years from when it’s first broadcast
Layout of published editions of written,
dramatic or musical works
25 years from when it’s first published
A. Depends upon the type of work and how long ago it was created.
8. Q4. Copyright does not apply
when using material for educational or research
purposes?
True or False?
A. False
Copyright restrictions still apply, though there
are permitted acts or ‘copyright exceptions’,
which also apply in some cases.
9. Q5. I should be legally covered by the right to ‘fair use’
when it comes to making use of copyrighted material?
True or False?
A. False
• No such thing as ‘fair use’ in UK law.
• “Fair dealing” can be used as a defence, but isn’t fully defined
in UK law
10. Q6. Most web content is classed as being ‘public domain’
and so can be reused freely?
True or False?
A. False.
• ‘Public Domain’ is the term used of works in which copyright
has expired or has no copyright attached to it. When
copyright duration in a work expires, the work is said to enter
the public domain Once in the public domain you can re-use
that work without the need to ask for permission. However,
just because you can view something freely online does not
necessarily equate to it being ‘public domain’.
12. Intellectual Property
Intellectual property (IP) refers to unique, creative
works which can be treated as an asset or physical
property i.e.
• ‘Intellectual’ because it is creative output of the
mind, and
• ‘Property’ because it is viewed as a tradable
commodity.
13. Copyright and Intellectual Property
Intellectual property is something original which is subsequently
‘fixed’ in some format, such as written or drawn on paper, in an
audio recording, on film, or recorded electronically.
An idea alone is not intellectual property. For example, an idea
for a book doesn’t qualify, but the words you’ve written do.
As such, IP is, essentially, the tangible expression of ideas.
Copyright is one of a group of rights, known as Intellectual
Property Rights (IPRs), which legally protects the use of IP.
14. Intellectual Property Rights (IPRs)
Intellectual Property Rights fall, principally, into
four main areas;
• Trademarks;
• Designs;
• Patents;
• Copyright;
15. What is copyright?
Copyright isn’t a single right as such, but a set of exclusive rights
which originators/copyright owners of cultural, creative and
artistic works have over the use of their work.
This set of rights legally gives the copyright holder the exclusive
right to determine:
• who can use or make copies of their works;
• under what circumstances;
• in what media;
• for what charge;
Essentially, owning copyright is owning the ‘right to copy’.
17. Copyright Law
In the UK, the Copyright, Designs and Patents Act 1988 (as
amended 2014) (CDPA) is the UK legislation which governs
copyright.
This law sets out the types of work protected by copyright, and
the uses of those works which are the exclusive right of the
copyright holder.
It also sets out the length of time copyright should last.
18. How long does copyright last for UK works?
Type of work How long copyright usually lasts
Written, dramatic, musical and artistic work 70 years after the author’s death
Sound and music recording 70 years from when it was first published
Films 70 years after the death of the director, screenplay author
and composer
Broadcasts 50 years from when it was first broadcast
Layout of published editions of written, dramatic or
musical works
25 years from when it was first published
19. Duration of Copyright and Public Domain
Copyright protection starts as soon as a work is created and fixed,
but it is time-limited.
Once the duration of copyright has expired, the work is then said to
be in the ‘public domain’.
‘Public domain’ is a legal term for any work where copyright has:
– Expired, or
– Been waived by the rights holder.
Once in the public domain, a work is no longer protected by
copyright and anyone is permitted use or copy it without seeking
permission.
20. Duration of Copyright and Public Domain
It is important to distinguish the legal definition of public domain,
where copyright no longer subsists, from the often perceived meaning
of simply ‘being made available to the public’.
This is particularly relevant when sourcing materials from the internet -
just because something is accessible on the internet, does not
necessarily mean it is in the ‘public domain’.
Consequently, if you are using materials sourced from the internet,
always check that they have been made available there, legitimately –
whether by being legally in the public domain, or more usually, being
made available under a Creative Commons (CC) Licence.
Do not assume that because you can access something on the web,
you can use it legally - always check, or the risk of infringing copyright
increases.
21. Types of work protected by
copyright
Copyright exists in all creative works, including:
• Literary works
• Artistic works
• Musical works
• Dramatic works
• Broadcasts
• Film
• Sound recordings
• Typographical layout
22. Uses of works
protected by copyright
• Copying
• Issuing copies to the public
• Rental or Lending
• Public Performance
• Communication to the public
• Adaptation
23. How does copyright affect
you?
Being aware of the types of work and the uses which
are protected by copyright allows you to:
• Become familiar with which licences are available.
• Become familiar with and confidently apply
permitted acts/copyright exceptions which apply to
educational use.
• Increase options.
• Reduce risk of infringement.
24. Licences
The Library, on behalf of the University, purchases a
number of licences which covers its staff and students
for legitimate educational use of copyright protected
works.
These licences often mean you can copy, re-use and
share content from a wide range of sources for non-
commercial, educational purposes.
However, like all licences, they come with terms and
condition, which have to be adhered to.
25. Licences
Copyright Licensing Agency (CLA) HE Licence
• Provision of multiple copies of extracts from published books and journals for
educational purposes.
• Library Digitisation Service is designed to help.
Newspaper Licensing Agency Media Access (NLA)
• Allows copying UK national newspapers to support teaching and research.
Educational Recording Agency (ERA) / BoB
• Allows the recording and retention of free-to-air TV and radio broadcasts to
support teaching and research.
Library e-resources (Primary Licences).
26. Licences
• Website Terms & Conditions
• ‘Bespoke’ permission
• Filmbank / MPLC
• UK Orphan Works Licence
• Creative Commons – CC.
27. CLA HE Licence
The University must own or subscribe to the source from which any copies
are made:
• This can be either in the Library or department
The publication must not have been expressly excluded from copying under
the CLA HE Licence repertoire:
• Most works published in the UK are covered by the CLA HE licence, unless
expressly stipulated by the publisher that it may not be included;
• Many publications published outside the UK are also included;
• The Licence does not cover sheet music, maps and charts, newspapers,
workbooks;
The amount copied must be within the allowable limits:
28. Under our CLA Licence you can
copy:
One whole:
• chapter of a book
• article from a single issue of a
periodical
• scene from a play
• paper from a set of conference
proceedings
• single case from a volume of
judicial proceedings
• short story, poem or play (of less
than 10 pages) from an anthology
OR
10% of the total
work
Whichever is the greater
29. CLA HE Licence
All DIGITAL copies must:
• Only be accessible by staff and students of the
University;
• Have a Copyright Notice, or cover sheet;
• Be reported to the CLA;
The Library Digitisation Service helps with this.
30. Creative Commons Licences
The standardised way of making
works available on an open
access basis is via Creative
Commons Licence
There are 4 primary licence
elements which are mixed to
create offer a suite of 6 licences.
Each element has its own icon
and abbreviation, making them
easy to identify.
32. Copyright Exceptions
UK Copyright law (CDPA) offers protection to the owners of
copyright by allowing them exclusive rights to certain uses of
their work – ‘Restricted Acts’.
However
The act also includes very specific situations where you are
permitted limited use of copyrighted work without seeking
permission from the owner – ‘Permitted Acts’ or ‘Copyright
Exceptions’ i.e. exceptions to copyright law.
One major area are permitted acts/copyright exceptions for
education.
33. Education Copyright Exceptions
Allow:
• Limited use of copyright works without permission
As long as:
• The original is given attribution and acknowledged;
• Use is non-commercial;
• Use is ‘fair’ – ‘fair dealing’;
Note: the above will likely cover a great deal of your use of
others’ work
34. Fair Dealing
Certain permitted acts/copyright exceptions only apply if the use of the work is
a ‘fair dealing’.
‘Fair dealing’ is a legal term used to determine whether use of copyrighted
material is lawful or if the use infringes copyright.
There is no statutory definition of fair dealing - it will always be a matter of fact,
degree and impression in each case.
Intellectual Property Office guidelines: The question to be asked is: how would
a fair-minded and honest person have dealt with the work? Factors are:
• Does using the work affect the market for the original work? Does the use
affect or substitute the normal exploitation of the work?
• Is the amount of the work taken reasonable and appropriate? Was it
necessary to use the amount?
• https://www.gov.uk/guidance/exceptions-to-copyright#fair-dealing
35. Key Education Copyright Exceptions
s29 - Research or Private Study – fair dealing.
s29a - Text & Data Mining.
s30 - Quotation, Criticism and Review – fair dealing.
s30A - Caricature, Parody or Pastiche – fair dealing.
s31 - Accessible Copying.
s32 - Illustration for instruction – fair dealing.
s34 - Educational Performance.
s35 - Recording of Broadcasts – in absence of a licence.
s36 - Educational Copying of Published Extracts – in absence of a licence.
36. Copyright Exceptions and Non-
contractual Override
“To the extent that a term of a contract purports to
prevent or restrict the doing of any act which, by
virtue of this section, would not infringe copyright,
that term is unenforceable.”
Copyright, Designs and Patents Act 1998 (amended 2014)
37. Risk Management
Risk is associated with how likely you are to be infringing
copyright if you use copyrighted materials.
As some of the most important words and phrases in copyright
law are not defined, such as ‘fair dealing’, and ‘substantial part’,
means it is necessary to approach the use of copyright material
in teaching and research as a process of risk management.
The higher the risk, the higher the chance of consequences.
Institutional & individual reputation are at risk. Large fines and
public notices are a possibility.
Wherever possible use the lower risk option.
38. Risk Management
No risk
• Using items in accordance with a licence agreement, or where t&cs clearly
permit use.
Low risk
• Using material under a copyright exception.
• Using materials solely within a lecture or stored on password protected,
University systems.
Increasing risk
• Posting 3rd party material to the open web.
• Reusing materials illegally posted to the open web.
• Using large & significant extracts, images, diagrams etc. without
permission.
39. Key Messages
• Start by considering whether the work you wish to
use is protected by copyright, and whether the use
you want to put it to is restricted by copyright.
• Then consider if there are licences available which
permit your use.
• If no licences apply, consider exceptions.
• You will always need to make a risk assessment. If
relying on exception, consider what is ‘fair’.
40. Sources of information
• Your Liaison Librarian or me licenses@liverpool.ac.uk.
• Library Guides – advice and guidance
– Copyright
– Digitisation Service
– Reading Lists @ Liverpool
– Researcher KnowHow
– Open Access
– Postgraduate Research
41. Sources of information
• Creative Commons – information on the use of CC licences
• CREATe – UKRI centre for copyright and new business models in the creative sector
• Copyright User – organisation to help you understand UK copyright law
• The Intellectual Property Office provides information on Fair Dealing and Copyright
Exceptions. These are key aspects of being able to use copyright protected work in
your teaching and research
https://www.gov.uk/using-somebody-elses-intellectual-property/copyright.
https://www.gov.uk/guidance/exceptions-to-copyright
https://www.gov.uk/government/publications/changes-to-copyright-law
42. Sources of information
Copyright Licensing Agency HE Licence
Newspaper Licensing Agency Licence
Educational Recording Agency Licence
