Copyright for Librarians: Annual Update 2008

1. Copyright for Librarians: Annual Update 2008 Clair Castle Ted Krawec 26th September 2008

2. Welcome Clair Castle, Librarian Balfour and Newton Libraries Department of Zoology: cmc32@cam.ac.uk Ted Krawec, Solicitor/Copyright Officer Legal Services Office: ted.krawec@admin.cam.ac.uk

3. Copyright for Librarians – Annual Update 2008 • What’s new? • Refresher • Helping you and your users to help yourselves stay within the law

4. Today’s programme 9:30 - 11:00 am Part 1: Copying and Use of Extracts - 1. by statute – Permitted copying without the permission of the copyright owner/holder 2. by statute – Librarian copying 3. by collective licence – the University’s Big Licences with the CLA, NLA, ERA, e-journal publishers 11:30 – 1:00 4. by direct permission/licence from the copyright owner/holder Part 2: Copying and Use of Extracts – Pulling it all together 1. Lectures and PowerPoint 2. CamTools and the Internet 3. Commercial products, non-commercial projects

5. Copyright Information • Copyright for Records Managers and Archivists, 3rd rev. ed., by Tim Padfield. Facet Publishing; 2007. ISBN: 9781856046046. £34.95 (discount for CILIP members). • Legal Services Office, Copyright Compliance document at http://www.admin.cam.ac.uk/cam-only/offices/legal/copyright/ • libraries@cambridge, General & Administrative Information, Copyright at http://www.lib.cam.ac.uk/libraries/gen.htm • Copyright Licensing Agency (CLA) licence information at http://www.cla.co.uk/ • An unofficial consolidated text of the Copyright, Designs and Patents Act (CDPA) 1988 is available from the UK Intellectual Property Office at http://www.ipo.gov.uk/copy/c-law/c-legislation.htm

6. The Statute Copyright, Designs and Patents Act 1988 provides the author/creator of an original literary, artistic, dramatic or musical work or sound recording or film or broadcast with certain economic rights in relation to that work and governs others’ use of the work or extracts from it Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 follow from the Copyright Act`

7. Types of copyright works Copyright subsists in: Literary works, including tables Artistic works, including graphic works (such as paintings, drawings, diagrams, maps, charts, plans, engravings, etchings), photographs, collages, works of architecture, works of artistic craftsmanship Dramatic works, including plays, mime Musical works, but no lyrics, which are treated as literary works Sound recordings Films Broadcasts Typographical arrangements of published editions Performers’ rights in performances

8. Authorship and first ownership First owner of copyright in a work is usually its author or creator, but if in the course of employment, the employer is first owner UNLESS modified by contract SUCH AS the University’s Statutes and Ordinances, the University’s intellectual property rights policy at pp.926-932 Ascertaining authorship is usually required to figure out the duration of copyright in a work

9. Duration or term of copyright For unpublished and published literary, artistic, dramatic and musical works and Crown copyright works CONSULT Padfield, Chapter 2 and Appendix 9.1 Charts for the duration of copyright The Charts are also available from the National Archives site: http://www.nationalarchives.giv.uk , ‘Copyright’ in the footer, ‘Copyright guidelines’ in the text, Appendix 1.

10. Part 1: Copying and Use of Extracts 1. By statute – Permitted copying and use without the permission of the copyright owner/holder There is NO GENERAL OR BLANKET EXEMPTION for ‘Educational Use’! At the University, in reality, the exemptions or defences to copyright infringement are: a) fair dealing b) out-of-copyright c) for the purposes of examination d) playing or showing of a sound recording, film or broadcast for the purposes of instruction

11. Copying and use of extractsBy statute – without permission ‘fair dealing’ (i) for the purposes of non-commercial research or private study (s.29) only applies to literary, artistic, dramatic and musical works, NOT to sound recordings, films or broadcasts COPYING: a single copy only for that individual’s non-commercial research or private study If reader/user declares that their copying is for a commercial purpose, the CLA Sticker Scheme should be used, or the reader/user should be directed to the BL

12. Copying and use of extractsBy statute – without permission USE OF QUOTES, EXTRACTS or EXCERPTS: for literary works, the limits are generally accepted as up to 400 words in a single quotation up to a total of 800 words in a series of short quotations none of which is longer than 300 words from a poem, not more than 40 lines, provided that this does not exceed a quarter of the poem a table, if rows or columns of data are added or deleted, but not if the table is reproduced unchanged

13. Copying and use of extractsBy statute – without permission (ii) ‘fair dealing’ for the purposes of criticism or review (s.30) of that or another work or of the performance of a work does not infringe any copyright in the work provided that it is accompanied by sufficient acknowledgment and has been made available to the public

14. Copying and use of extractsBy statute – without permission ‘fair dealing’ for the purposes of criticism or review by convention, allows for a short quotation or small extract or excerpt from ANY TYPE OF COPYRIGHT WORK (BUT NOT unpublished works) IF ALL THE FOLLOWING ARE MET: the quote or extract or excerpt, or themes or thoughts underlying it, is being criticised or reviewed. The use of the quote or extract must meet the following test: Does the quote or extract or excerpt support or illustrate the criticism being made? the quote or extract or excerpt is not used only as an illustration or to embellish the text there is a preponderance of comment and analysis over the work being criticised or reviewed.

15. Copying and use of extractsBy statute – without permission For use of quotes or extracts or excerpts under criticism or review: for literary works, the limits are generally accepted as up to 400 words in a single quotation up to a total of 800 words in a series of short quotations none of which is longer than 300 words from a poem, not more than 40 lines, provided that this does not exceed a quarter of the poem a table, if rows or columns of data are added or deleted, but not if the table is reproduced unchanged for artistic, dramatic and musical works and films, the size of extracts that may be used is a controversial area – what is fair dealing???

16. Copying and use of extractsBy statute – without permission b) Out-of-copyright If copyright no longer subsists in a work, it is said to be in the ‘public domain’ and may be copied and used freely. c) For the purposes of examination (s.30(3, 4 and 5)) Quotes, extracts and excerpts from others’ copyright works may be used in examinable papers, including dissertations and theses, without infringement IF NOT communicated to the public, e.g. published (being held in the UL is not considered having been published). If published, the exemption may not be relied upon and permissions to use the quotes and extracts and excerpts must be obtained from copyright owners.

17. Copying and use of extractsBy statute – without permission d) Playing or showing of a sound recording, film or broadcast The playing or showing of a sound recording, film or broadcast before an audience consisting of lecturers and students only and only for the purposes of instructionis not an infringement (s.34(2)) Commercial videos/DVDs may be shown on University premises as long as the audience consists of students and the lecturer and the showing is course-related. If the playing or showing of a sound recording, film or broadcast is to take place before an audience that includes anyone apart from students and lecturers or is for purposes other than for instruction, appropriate licences must be obtained. See ‘Copyright Compliance’ web pages for list of film distributors etc.

18. 2. By statute – Librarian Copying The Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989. Supplementary regulations made under the CPDA 1988 for librarians and archivists working in education (not-for-profit) sector as exceptions to the rights of copyright owners.

19. Copying and use of extractsBy statute - Librarian copying Copying by Librarian of an article in a periodical or part of a literary, dramatic or musical work (not an artistic work) from a published or unpublished edition for a reader requiring the copy for the purposes of non-commercial research or private study only • One copy of one article per issue of a journal or the greater of 5% or one chapter of a book • User has to pay for copy a sum of not less than the cost (including a contribution to the general expenses of the library) attributable to its production • Declaration Forms to be signed by user: A=published works, B=unpublished works. See examples in Copyright Compliance document: • I have not previously been supplied with a copy • I will not use the copy except for non-commercial research or private study and will not supply a copy to anyone • Keep forms for 6 years from date of making copy

20. Copying and use of extractsBy statute - Librarian copying Copying by Librarian for the purposes of replacing items in a permanent collection, including for preservation purposes • A librarian may make a copy from any item in the permanent collection of the library in order to preserve or replace that item in the permanent collection of that library or in that of another library • Are you unable to purchase another copy? • If copy is for another library they must state in writing that the item has been lost, destroyed or damaged and is not possible to purchase replacement • If copy is for another library they must pay a sum of not less than the cost (including a contribution to the general expenses of the library) attributable to its production

21. Copying and use of extractsBy statute – Librarian Copying DISSERTATIONS Librarian copying of PhD, MSc and MLitt dissertations: Dissertations are unpublished works Copies may not be issued without the copyright owner’s consent BUT BoGS Deposit and Copying of Dissertation Declaration, signed by a student upon submission of their paper, allows the UL to issue single copies of the whole or part of a dissertation to a reader/user ONLY IF the reader/user declares and signs FORM B Librarian Regs: I have not previously been supplied with a copy I will not use the copy except for non-commercial research or private study and will not supply a copy to anyone NOTE: for readers/users ‘criticism and review’ DOES NOT apply to unpublished works (not ‘made available to the public’)

22. 3. By collective licence – the University’s Licences • Copyright Licensing Agency (CLA) Photocopying and Scanning Licence • Newspaper Licensing Agency (NLA) Licence - Copying from newspapers • Educational Recording Agency (ERA) Licence – Recording and use of broadcasts • E-journal Licences and self-archiving (NESLI, SHERPA)

23. Copying and use of extractsBy collective licence - the University’s Licences Copyright Licensing Agency (CLA) Photocopying and Scanning Licence, with effect from 1 August 2008 • Text of the Comprehensive HE licence and User Guidelines available on CLA website • ‘Notice’ to be displayed near all photocopiers and scanners • University’s Scanning Procedure outlined in Copyright Compliance document • Licence covers all students and employees of university • Permits photocopying and scanning of published print materials but with big exceptions

24. Copying and use of extractsBy collective licence - the University’s Licences Photocopying element of CLA Licence • Material licensed for copying: original published editions of books, loose-leaf works, law reports, periodicals and journals, but excluding any ‘Excluded Works’, Excluded Categories’, and those US works on ‘Excluded US Publishers List’ • How much of a work can be copied? Usual limits, e.g. one copy of an article from a journal issue, the greater of 5% or one chapter from a book • What can a copy be made from? The original book or journal owned by a library or office in the university; a copyright fee paid copy of one chapter of a book or article supplied by a document delivery service; but NOT from an item on loan via an ILL service or from copies made under library regulations • How many copies can be made? Only one copy per person registered on a course of study, plus one for the lecturer • N. B. Copies can be included in a short loan / reserve collection but are only intended for use by the students registered on that particular course

25. Copying and use of extractsBy collective licence - the University’s Licences Scanning element of CLA Licence • Same provisions as with Photocopying element, but also including ‘Works Excluded from Scanning under the CLA Licence’ • The university’s Centre for Applied Research in Educational Technologies (CARET) ensures that only students on a particular course of study and their lecturer can have access to, download and print out digital copies in course collections, usually via CamTools, and removes them at end of course • Permission to scan materials restricted to ‘Designated Persons’ e.g. lecturers, course organisers, librarians, secretaries, but NOT students. CARET must be notified of who the DPs are • Scanning Procedure: 1) Lecturer selects material for inclusion in course collection to be posted on CamTools or on CD-ROM for his/her students on particular course of study; 2) Material scanned by DP; 3) Digital copies and Digital Copy Record Form (available from CLA website) submitted to CARET with contact details of students on the course; 4) Digital copies made available to students on CamTools or other password-protected intranet or on CD-ROM (one per student, plus one for lecturer)

26. Copying and use of extractsBy collective licence - the University’s Licences CLA Licence extras – for VIPs and commercial organisations • Digital copies or photocopies of part or whole of a work can be made for visually impaired or otherwise disabled persons in any alternative format that is more accessible only if it is not already available commercially. If more than one chapter/article is copied then the copy must state: that it was made for a VIP or disabled person; that it may not be further copied; and the bibliographic details of the original • Digital copies or photocopies may be made for employees of commercial organisations that have provided the university with research funding for a specific university research project BUT they may not be further copied or reproduced, a digital copy may only be downloaded or printed out once and the original destroyed, and the CLA’s ‘Copyright Legend for Commercial Copies’ must be attached

27. Copying and use of extractsBy collective licence - the University’s Licences Newspaper Licensing Agency (NLA) License - Copying from newspapers • Fair dealing permission for university staff and students to make a single copy of an article from a newspaper, for purposes of private study or non-commercial research • NLA licence permits multiple photocopying of newspaper article text and accompanying artistic works e.g. photos, advertisements • All copies must be marked ‘NLA Licensed Copy’ • Up to 250 copies of one article per newspaper issue may be circulated to university staff for internal management purposes but no systematic copying is allowed without additional ‘frequent copying fees’ set by NLA at http://www.nla.co.uk • Up to 250 copies of one article per newspaper issue may be photocopied and distributed to students for educational and instructional purposes, e.g. course packs • Only print versions of newspapers covered by licence; see the terms and conditions governing copying from online versions • Scanning of articles to send by email or post on intranets or the Internet, or for digital projection not covered; seek permission from publisher

28. Copying and use of extractsBy collective licence - the University’s Licences Educational Recording Agency (ERA) Licence – Recording and use of broadcasts • Permits recording of television and radio programmes for educational purposes • Permits playing of recordings made to students within university • Recordings must be for non-commercial purposes • Recordings must not be edited or modified but extracts can be used • Mark/label recordings with NLA specified details • Copies can be made of recording but not of videos and DVDs sold commercially • Can record programmes in analogue or digital format and in digital form made available on a password-protected intranet such as CamTools. No off-site university access allowed • FAQs on ERA licences at http://era.org.uk/FAQ.html

29. Copying and use of extractsBy collective licence - the University’s Licences E-journal Licences • E-journals are covered by CLA Photocopying and Scanning licence but provisions are so limited as to be not worthwhile exploiting. Just refer users to / link to articles on ejournals@cambridge • Some national, HE sector e-journal licence agreements negotiated by NESLI, a national e-journals initiative. University uses the NESLI model licence which includes big publishers e.g. Elsevier, Cell Press, Nature etc. http://www.nesli2.ac.uk • NESLI licence permissions include: electronically saving parts of e-journals for personal use; printing off single copies; distributing single copies in print or electronic form to other authorized users; incorporating e-journal material in printed or electronic course packs for students but only via restricted intranets such as CamTools etc. • Other e-journals governed by individual licences with university, see UL website http://www.lib.cam.ac.uk/licensing.htm

30. Copying and use of extractsBy collective licence - the University’s Licences Self-archiving – what authors should know • Publishers may permit self-archiving of journal articles by authors in repositories such as DSpace@Cambridge or for posting on intranets, personal/departmental websites, or the internet in general • Authors should check their publisher’s terms, or can consult SHERPA (Securing a Hybrid Environment for Research Preservation and Access) for a summary of permissions given by their publisher at http://www.sherpa.ac.uk/romeo.php • Publishers may permit authors to post their pre-prints (pre-refereed, unpublished papers) or post-prints (final, not yet pdf versions of works) – authors should read their publishing agreement

31. 4. By direct permission/licence from the copyright owner/holder Not covered by statute or licences? There may be an accompanying licence to the work e.g. website statement / terms of use, Creative Commons licence, music or film download service licence? Otherwise you need to seek and obtain written permission from copyright owner

32. Copying and use of extractsBy direct permission/licence from the copyright owner/holder Interpreting website ‘Terms of Use’ A common statement found on websites reads as follows: ‘You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use [this organization’s] website content in any way except for your own personal, non-commercial use. Specifically marked content as such may be emailed to a friend.  You also agree not to adapt, alter or create a derivative work from any of this website’s content except for your own personal, non-commercial use. No deep linking to or framing of these pages is allowed without the express written permission of the webmaster and the copyright owner(s) as identified.’

33. Copying and use of extractsBy direct permission/licence from the copyright owner/holder Terms included in the previous statement have the following meaning: • ‘Personal, non-commercial use’ means making a single copy, not to be distributed further • ‘Email to a friend’ means sending a single copy to one other user. It does not mean distribution to students in a class, or inclusion in a PowerPoint presentation, or inclusion in commercial training course materials; • ‘Deep linking’ means the provision of a link that takes the user directly to a specific page or item in a website. By deep linking to a site, the user may be said to be encouraging people to bypass the website’s home page, which may contain a set of terms and conditions that govern use of materials on the site.  Also, if the site has advertisements on its home page, it could be argued that, by deep linking within the site, the user is depriving the site owner of potential advertising income based on home page 'hits' • ‘Framing’ occurs when a web page is linked to another site which appears in a 'frame' of the original site visited, and the URL remains that of the original site. Framing may simply result in the user appearing to pass off someone's content as their own.

34. Copying and use of extractsBy direct permission/licence from the copyright owner/holder For Archival materials, e.g. photographs, old manuscripts to be uploaded on intranets and on Internet sites for non-commercial and commercial purposes, and/or to be licensed for use in commercial products, e.g. BBC documentary, or inclusion in non-commercial projects, e.g. government-funded research and reports DOES YOUR LIBRARY/ARCHIVE HAVE SUFFICIENT RIGHTS IN THE ARCHIVAL MATERIALS TO DO WHAT YOU WANT TO DO? Have you identified who the author/creator of the item is? Is the item in copyright? If it is not in copyright, does someone hold copyright in the image of the item Has copyright in the item been assigned, i.e. ownership transferred, or licensed to your library/archive with sufficient rights to allow you to issue further licences (with fees going to your library/archive or to the copyright owner?)

35. Copying and use of extractsBy direct permission/licence from the copyright owner/holder Sample ‘Licence to the archive’ and ‘Licence to a user’ available in Padfield Appendix 9.3 UL’s Image Reproduction Licences available at: http://www.lib.cam.ac.uk/deptserv/imagingservices/reproductionrights.html Contact Legal Services for assistance – in the works at Legal: Licence to archive Licence to a user for non-commercial research or private study, no on-copying Licence to a user for academic publication only Licence to a user for commercial products Loan agreement for items which may be photographed or filmed Locating unknown copyright owners/Orphan works

36. Part 2: Copying and Use of Extracts – Pulling it all together a) in Lectures and PowerPoint Lecturer’s own work? Out-of-copyright materials? Quotes, extracts and excerpts from literary, artistic, dramatic or musical works? Quotes, extracts and excerpts from sound recordings, films and broadcasts? Photocopied extracts from books and journal articles?

37. Lectures and PowerPoint Scanned extracts from print published books and journal articles? Extracts from e-journal articles? Newspaper articles? Web pages and works from the Internet? Materials for which permission has been given to reproduce the copyright item in the lecture and in PowerPoint? (including upload of the presentation on a restricted intranet? or unrestricted intranet or the Internet?)

38. b)In CamTools and on the Internet Lecturer’s own work? Out-of-copyright materials? Quotes, extracts and excerpts from literary, artistic, dramatic or musical works? Quotes, extracts and excerpts from sound recordings, films and broadcasts? Photocopied extracts from books and journal articles?

39. CamTools and on the Internet Scanned extracts from print published books and journal articles? Extracts from e-journal articles? Newspaper articles? Web pages and works from the Internet? Materials for which permission has been given to reproduce the copyright item on a restricted intranet? or unrestricted intranet or the Internet?

40. c) In Commercial products/non-commercial projects Lecturer’s own work? Out-of-copyright materials? Quotes, extracts and excerpts from literary, artistic, dramatic or musical works? Quotes, extracts and excerpts from sound recordings, films and broadcasts? Photocopied extracts from books and journal articles?

41. Commercial products/non-commercial projects Scanned extracts from print published books and journal articles? Extracts from e-journal articles? Newspaper articles? Web pages and works from the Internet? Materials for which permission has been given to reproduce the copyright item in the commercial product? or non-commercial project?

42. Any questions?Ideas for future sessions?