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1. <ul><li>Copyright in Online Resources </li></ul><ul><li>A Course for content users </li></ul><ul><li>OUCS…
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  • 1. <ul><li>Copyright in Online Resources </li></ul><ul><li>A Course for content users </li></ul><ul><li>OUCS </li></ul><ul><li>Rowan Wilson </li></ul><ul><li>February 2009 </li></ul>
  • 2. Copyright in Online Resources A Course for Content Users <ul><li>CAUTION! </li></ul><ul><li>I am not a lawyer </li></ul><ul><li>This talk is focused on electronic resources </li></ul><ul><li>This talk is focused on Higher Education </li></ul><ul><li>A lot of material – some of it tedious </li></ul>
  • 3. Copyright in Online Resources A Course for Content Users <ul><li>What intellectual property is </li></ul><ul><li>What copyright is </li></ul><ul><li>How copyright is licensed </li></ul><ul><li>What common problems the use of the Internet presents to copyright holders and would-be licensees </li></ul><ul><li>What Fair Dealing is </li></ul><ul><li>What the Copyright Licensing Agency is </li></ul><ul><li>Creative Commons and Open Content </li></ul>
  • 4. Copyright in Online Resources A Course for Content Users <ul><li>What is intellectual property? </li></ul>
  • 5. Copyright in Online Resources A Course for Content Users “ Intellectual Property (IP) is created when an idea takes some tangible form. IP can mean a brand, invention, design or other kind of creation and it can be legally owned . .” http://www.ipo.gov.uk/
  • 6. Copyright in Online Resources A Course for Content Users <ul><li>Does Intellectual Property = Property? </li></ul><ul><li>The owner of intellectual property has rights over it </li></ul><ul><li>Intellectual property law protects those rights </li></ul><ul><li>Intellectual property rights come in two types: registered or unregistered </li></ul><ul><li>There are many kinds of intellectual property </li></ul>
  • 7. Copyright in Online Resources A Course for Content Users <ul><li>What is copyright? </li></ul>
  • 8. Copyright in Online Resources A Course for Content Users <ul><li>Copyright... </li></ul><ul><li>is a form of intellectual property </li></ul><ul><li>is an unregistered right – it comes into existence at the same time that the work is 'fixed' </li></ul><ul><li>protects the 'fixed' form of an idea, not the idea itself </li></ul><ul><li>protects literary and artistic material, music, films, sound recordings and broadcasts, including software and multimedia </li></ul><ul><li>generally does not protect works that are 'insubstantial' – thus names and titles are not protected (although a 'passing off' action may be a possibility)‏ </li></ul><ul><li>gives the author exclusive economic and moral rights over the copyrighted material </li></ul>
  • 9. Copyright in Online Resources A Course for Content Users <ul><li>What exclusive economic rights do authors have? </li></ul><ul><li>Making copies </li></ul><ul><li>Issuing copies to the public (publication, performing, broadcasting, online distribution) </li></ul><ul><li>Renting or lending copies </li></ul><ul><li>Adapting the work </li></ul>
  • 10. Copyright in Online Resources A Course for Content Users <ul><li>What exclusive moral rights do authors have? </li></ul><ul><li>to be identified as the author of the work </li></ul><ul><li>to object to derogatory treatment of the work which would prejudicial to the honour or reputation of the author </li></ul><ul><li>to not be falsely identified as the author of a work </li></ul><ul><li>Though do note : </li></ul><ul><li>Moral rights must be asserted formally to anyone who receives the work </li></ul><ul><li>Moral rights can be waived </li></ul><ul><li>Computer programs, newspaper and magazine articles and material in reference works such as dictionaries do not come with moral rights </li></ul>
  • 11. Copyright in Online Resources A Course for Content Users <ul><li>What if I'm employed to create copyright material? </li></ul><ul><li>Your employment contract will govern who owns the copyright, although the default position will be that your employer does </li></ul><ul><li>For University of Oxford employees the position is spelled out in the University Statutes XVI part b </li></ul><ul><li>Even works created outside working hours may be owned by your employer if they are of the same general type as you are employed to create </li></ul><ul><li>Beware! If you bring in contractors or consultants they will by default own the copyright in their work unless the contract you arrange says otherwise </li></ul>
  • 12. Copyright in Online Resources A Course for Content Users <ul><li>When does copyright expire under UK law? </li></ul><ul><li>For literary, dramatic, musical or artistic work, 70 years after the death of the author </li></ul><ul><li>For films, the 70 years after the last death of principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film </li></ul><ul><li>For sound recordings, 50 years after the year or production or the year of publication, whichever is later </li></ul><ul><li>For broadcasts, 50 years after first broadcast </li></ul><ul><li>For the layout of publications, 25 years after publication </li></ul><ul><li>Note: all terms calculated from the end of the year in question </li></ul><ul><li>Also note: The duration of copyright protection has changed several times over the last decades, meaning that some authors have enjoyed renewed copyright. </li></ul>
  • 13. Copyright in Online Resources A Course for Content Users <ul><li>So what can an author do with their copyright? </li></ul><ul><li>They can sell it – although any moral rights will always remain with the original author unless they waive them </li></ul><ul><li>They can license it... </li></ul>
  • 14. Copyright in Online Resources A Course for Content Users <ul><li>How is copyright licensed? </li></ul>
  • 15. Copyright in Online Resources A Course for Content Users <ul><li>What's a copyright licence and how do I get or give one? </li></ul><ul><li>A copyright licence is an agreement between a copyright owner (licensor) and another person or group (the licensee)‏ </li></ul><ul><li>This agreement permits the licensee to do things which would otherwise be protected actions under intellectual property law </li></ul><ul><li>Thus a copyright licence might permit the licensee to copy the work, communicate it to the public, adapt it or perform it (or any combination of those)‏ </li></ul><ul><li>The terms of copyright licences typically limit elements like the duration or the geographical extent of the grant of rights </li></ul><ul><li>Copyright licences can be exclusive or non-exclusive </li></ul><ul><li>The Creative Commons project provides ready-made copyright licences that may be suitable for your needs </li></ul>
  • 16. Copyright in Online Resources A Course for Content Users <ul><ul><li>What common problems does the internet present to content users? </li></ul></ul>
  • 17. Copyright in Online Resources: A Course For Content Users <ul><li>What can one do with material on the internet? </li></ul><ul><li>Making material available on a publicly accessible web site would strongly imply universal permission to perform the restricted activities necessary to view it; for example making a copy in memory on a client machine and storing the material in a disk cache for easy recall. </li></ul><ul><li>Posting to a mailing list would also probably imply permission to reproduce your material in replies to that mailing list via quotation </li></ul><ul><li>Placing material on the internet does not imply the granting of permission to adapt, distribute or copy the work for other purposes </li></ul><ul><li>There is a common misapprehension that the internet is somehow a gateway to the 'Public Domain'. In fact in UK law there is no such thing as the 'Public Domain'. </li></ul>
  • 18. Copyright in Online Resources A Course for Content Users <ul><li>Some examples </li></ul><ul><li>“I've found material on the internet that I want to substantially reproduce or adapt” </li></ul><ul><li>“I want to link to an external resource” </li></ul><ul><li>“I want to digitise something that's out of copyright and put it on the internet” </li></ul><ul><li>“I want to make limited use of someone else's material, such as a quotation in a review” </li></ul><ul><li>“I want to scan copyright material and place it on the internet for a course that I teach” </li></ul><ul><li>“I want to reuse something that I think is 'open content'” </li></ul>
  • 19. Copyright in Online Resources A Course for Content Users <ul><li>“ I've found material on the internet that I want to substantially reproduce or adapt” </li></ul><ul><li>Is the copying substantial? This must be judged in terms of both the quantity and quality of the copied material </li></ul><ul><li>Identify the copyright owner and ask for their permission </li></ul><ul><li>The fact that it is generally available on the internet is not an indicator that it can be used without permission from the copyright owner </li></ul><ul><li>If you can't identify or contact the copyright owner, you cannot obtain permission and thus cannot use the material </li></ul><ul><li>Copyright holder representative organisations can often be useful in tracking down their members; try the Society of Authors, the Copyright Licensing Agency or the author's literary agent (Google)‏ </li></ul>
  • 20. Copyright in Online Resources A Course for Content Users <ul><li>“ I want to link to an external resource” </li></ul><ul><li>Linking to the front page of a site is always acceptable </li></ul><ul><li>Hyperlinks for 'deep linking' (linking directly to a page within an external site) should contain acknowledgement of the external resource to avoid giving the impression to users that you take credit for or are responsible for the contents of that page </li></ul><ul><li>Hyperlinking in a derogatory manner or in such a way as to misrepresent the linked resource could be a violation of the external resource's author's moral rights </li></ul><ul><li>External link redirecting – as used by sites like the BBC – can be a good technical solution to this problem </li></ul>
  • 21. Copyright in Online Resources A Course for Content Users <ul><li>“ I want to digitise something that's out of copyright and put it on the internet” </li></ul><ul><li>Are you sure that both the material and its presentation are usable without permission? </li></ul><ul><li>The resulting digitised materials may or may not be copyright in themselves </li></ul><ul><li>Bridgeman Art Library v. Corel Corp. established that high quality digital reproductions of images that were out of copyright were not themselves protected under US law. On appeal, Bridgeman Art Library argued that UK law should be applied. The US court rejected this suggestion, while noting that as far as it could see UK law did not support Bridgeman's argument. </li></ul>
  • 22. Copyright in Online Resources A Course for Content Users <ul><li>“ I want to make limited use of someone else's material, such as a quotation in a review” </li></ul><ul><li>Pay attention in the next section on Fair Dealing! </li></ul>
  • 23. Copyright in Online Resources A Course for Content Users <ul><li>“ I want to scan copyright material and place it on the internet for a course that I teach” </li></ul><ul><li>Pay attention in the next-but-one section on the Copyright Licensing Agency! </li></ul>
  • 24. Copyright in Online Resources A Course for Content Users <ul><li>“ I want to reuse something that I think is 'open content'” </li></ul><ul><li>Pay attention in the final section on Creative Commons and Open Content! </li></ul>
  • 25. Copyright in Online Resources A Course for Content Users <ul><li>What is 'Fair Dealing'? </li></ul>
  • 26. Copyright in Online Resources A Course for Content Users <ul><li>What is Fair Dealing? </li></ul><ul><li>Similar to the well-known phrase from US law 'Fair Use' </li></ul><ul><li>'Fair Dealing' is a term which describes certain uses of a copyright work under certain defined circumstances. Provided that these circumstances are in place, no permission for this use is required from the copyright owner. </li></ul><ul><li>The 'Fair Dealing' exceptions can be read in full in the Copyright, Designs and Patents Act 1988 (and subsequent amendments)‏ </li></ul><ul><li>On the following slides some of these exceptions will be described briefly. </li></ul><ul><li>Refer to the Act to find the precise detail of the exceptions, and for some others not mentioned here </li></ul>
  • 27. Copyright in Online Resources A Course for Content Users <ul><li>What are the Fair Dealing exceptions? </li></ul><ul><li>Research and private study </li></ul><ul><li>A &quot;reasonable proportion&quot; of a literary, dramatic, musical or artistic work can be copied provided that only one copy is made for non-commercial research </li></ul><ul><li>Criticism, review and news reporting </li></ul><ul><li>any copyright material may be copied provided that acknowledgement of the source is made in the resulting material (with the exception of sound recordings and film in used current events reporting, where no acknowledgement is necessary)‏ </li></ul><ul><li>Photos are excluded from the current event reporting exception, acknowledged or not. </li></ul>
  • 28. Copyright in Online Resources A Course for Content Users <ul><li>What are the Fair Dealing exceptions? (continued)‏ </li></ul><ul><li>Things done for purposes of instruction or examination </li></ul><ul><li>Literary, dramatic, musical or artistic works may be copied if the copying is done by the instructor themselves and the method of reproduction is not reprographic </li></ul><ul><li>Sound recordings and films may be copied if the copying is done by the instructor themselves and the subject being taught is the making of films or film soundtracks </li></ul><ul><li>Nearly all protected activities relating to setting questions for exams, making questions available to examinees and answering those questions are permitted (only copying sheet music for performance in an exam is not)‏ </li></ul><ul><li>Materials generated under this exception (things done for purposes of instruction or examination) become infringing copies if they are subsequently sold, hired or communicated to the public. </li></ul>
  • 29. Copyright in Online Resources A Course for Content Users <ul><li>What are the Fair Dealing exceptions? (continued)‏ </li></ul><ul><li>Exceptions involving libraries and librarians </li></ul><ul><li>Librarians can make single copies of periodical articles and sections from literary, dramatic or musical works for library users provided that they are satisfied that the user will be covered by the 'Research and Private Study' exception (a statutory form of words exists which can be obtained from the library in question and signed by the library user). </li></ul>
  • 30. Copyright in Online Resources A Course for Content Users <ul><li>Anything else? </li></ul><ul><li>Copyright (Visually Impaired Persons) Act 2002 amends the 1988 Copyright, Designs and Patents Act to allow a visually impaired person to make and keep 'a single accessible copy for personal use'. Certain approved organisations are also permitted to make accessible copies of works and distribute them to visually impaired users. </li></ul><ul><li>In some circumstances the actions of a copyright holder may create an 'implied' licence. For example, posting to a mailing list would almost certainly imply permission from the author to the list subscribers to keep a local copy of the posting and quote it in further postings of their own. </li></ul>
  • 31. Copyright in Online Resources A Course for Content Users <ul><li>What is the Copyright Licensing Agency? </li></ul>
  • 32. Copyright in Online Resources A Course for Content Users <ul><li>What is the Copyright Licensing Agency? </li></ul><ul><li>A Licensing Body </li></ul><ul><li>A company owned by organisations representing authors and publishers </li></ul><ul><li>It sells licences to other organisations who need to copy extracts from books, journals and magazines </li></ul><ul><li>Some publishers are not represented, and must be negotiated with separately </li></ul><ul><li>Some publishers who are represented nevertheless exclude their works from being scanned (currently DK, Penguin, and all their subsidiaries)‏ </li></ul><ul><li>For Higher
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    Jul 23, 2017
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