Some questions on Copyright

  Disclaimer
Please be aware the notes below are intended only to provide general guidance on copyright matters, and they cannot be relied upon as a comprehensive or official statement of the law, or of the legal obligations of individuals with respect to copyright. 		 

How long does copyright last?

  • Literary, dramatic, musical or artistic works are protected for 70 years after the death of the author.
  • Typographic copyright is 25 years from publication.
  • Sound recordings are protected for 50 years after they are published or performed.
  • Photographs, official publications and unpublished works have different rules.

What can be legally copied?

Under current UK law, copyright material can be copied freely and without limit in certain circumstances:
  • Copyright on the work has expired
  • You own the copyright on the work
  • With explicit permission of the rights-holder.
You may also make copies of limited amounts of individual works under "fair dealing", or according to a specific licence agreement, e.g. the Copyright Licensing Agency (CLA) licence.

What does "fair dealing" allow?

Fair dealing is an exception in the Copyright, Designs and Patents Act which allows a certain amount of copying for purposes of "research or private study". The amount that may be copied by an individual for his or her own use is usually accepted to be:
  • A chapter of a book, or 5% of a book, whichever is the longer
  • One complete article from a single issue of a journal
  • A maximum of ten pages of a poem, short story, or other short literary work, taken from a volume of short stories or poems
  • Up to 10% (maximum 20 pages) of a pamphlet, report or pamphlet
  • One separate illustration, diagram, photograph or map up to A4 size. However, if the illustrations form an integral part of an article or chapter, they may be included as part of that extract.
You may also copy from any type of work for the purposes of criticism or review (eg in an essay, article or thesis) provided that you acknowledge the source. The Act does not define the extent of copying permitted in this case but the generally accepted limits are:
  • In the case of one extract, no more than 400 words
  • In the case of several extracts from a single work, that none of them is more than 300 words long, and that the total is no more than 800 words
  • In the case of a poem, up to 40 lines.

Copying for educational purposes

The University has the Basic Copyright Licensing Agency (CLA) licence which is currently valid until 31 July 2012.

The licence allows staff and students to make multiple photocopies of individual items for use by a class or group in the course of their study. It also allows University staff to compile course packs, consisting of photocopies of extracts of published material, for distribution to groups of students either on campus or on distance learning courses.

Additionally the licence allows digital copies of extracts of printed books, journals and magazines published in the UK and owned by the University, to be distributed or delivered to students, for example through a VLE, on CD for viewing on screen or in a lecture presentation. Each digital copy must include a Copyright Notice, and bibliographic and course details must be reported back to the CLA via the University Licence Co-ordinator.
The best way to make this material available on Blackboard is via the Library Digitisation Service.

What can be copied under the CLA licence?

Full details of what can and can't be copied or scanned can be found in the CLA Guidelines to the Basic Licence.

What is Textbook Substitution?

If a particular combination of photocopies and/or digital copies made available under the CLA licence had an adverse impact on a student's decision to buy one or more textbooks for their course, this would be considered by the CLA to be textbook substitution. It is in conflict with the principles of non-substitution set out in the licence

To ensure you are meeting the requiements of the licence, see the CLA and UUK Good Practice Guides

Photocopying
The licence permits extracts from most books, journals, periodicals, conference proceedings and law reports. There are some restrictions - check the CLA excluded categories list

It is important to be aware that the copies must be made from either:
  • An original of the book, journal or magazine owned by the HEI or
  • A copyright fee paid copy of a chapter / article supplied by an organisation holding a document delivery licence with CLA (e.g. British Library)
Scanning
The licence permits scanning of extracts from printed books, journals and magazines which are owned by th University (not personal copies) and which are not in their lists of excluded categories or works excluded from scanning

Generally, the limits on the amount of any individual work that may be photocopied or scanned under the terms of the CLA licence are the same as those that apply to "fair dealing".

If the work you want to copy is excluded from the licence you must seek permission from the copyright holder - usually the author or publisher.

Copyright and electronic publications

Electronic works such as electronic books, journals, databases, web sites, and software are also protected by copyright, even if they are readily accessible over the internet. You should generally assume that it is not permissible to make copies of electronic documents, either in printed or electronic form, even for personal use, unless:
  • The copying conforms to the principle of "fair dealing"
  • Copying is allowed under the terms of a licence
  • The copyright holder has given explicit permission
Some websites indicate that they may be freely copied and distributed. For example, documents available on the websites of UK government departments may be freely copied and passed on as there is a general permission to do so. However, if in doubt, the explicit permission of the copyright holder should be sought before copies are made for distribution to others.

The CLA licence, which allows multiple photocopying for groups of students, does not apply to electronic works. There are also rules governing the excessive downloading of records from an online database.

Does fair dealing apply to electronic works?

Although not established in law, it is generally accepted that the principle of fair dealing applies to electronic works as well as to printed works. However, any copies made must be for personal use, and should not be distributed electronically (eg by uploading onto a server) or as printed copies without permission from the copyright holder. The UK Higher Education Funding Councils' Joint Information Systems Committee (JISC) and the Publishers' Association have produced guidelines on the use of fair dealing in the electronic environment. The guidelines can be found on the JISC website.

How do licences affect the way in which electronic journals can be used?

The Library subscribes to a large number of electronic resources, such as electronic databases and journals, which are subject to licence agreements with the information providers. The conditions of licences with individual publishers and information providers vary, but in most cases a member of the University would be permitted to
  • Search and retrieve items
  • Print and/or download individual items for personal use in teaching, learning and research.
In most cases, licences do not permit:
  • Downloading of the substantial part of a database or the entire contents of a publication (eg an entire issue of an electronic journal)
  • Multiple copying of items that have been printed or downloaded
  • Distributing copies to others
  • Using electronic resources for commercial purposes.

Can I digitise a print publication and make it available electronically?

It is generally accepted that you may make an electronic copy of an extract from a print publication (eg by scanning) for your own private study or research under fair dealing. Digital copies of extracts of printed works may also be made available to students under the terms of the CLA licence described above.

Other licences held by the University


Design and Artists Copyright Society Licence
This applies almost exclusively to the School of Arts and Cultures to enable a slide-library to be maintained of works of art.

Educational Recording Agency Licence
This enables recording off-air of programmes broadcast by various terrestrial TV and Radio stations.

Newspaper Licensing Agency
The NLA Educational licence covers copying from UK national daily and Sunday newspapers and additionally the following regional papers: Metro (Newcastle), Newcastle Evening Chronicle, The Journal (Newcastle), The Northern Echo, Yorkshire Post, The Herald (Glasgow), The Scotsman. Articles from these publications may be copied under the terms of the licence within normal copyright constraints. If you wish to copy from newspapers other than those for which we are licensed, you will need to seek permission from the newspaper concerned. The Press Office has a clippings service which features articles concerning the University and its staff. Contact Kath Wade (kath.wade@ncl.ac.uk) if you wish to join the clippings service.