COPYRIGHT


This is a big issue and can be a bit of a minefield :-s


Below we have collated a list of FAQ's on the subject that will give you a good idea of best practice :-)


There is a downloadable version at the bottom you can print out and put on your wall!

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Get Started With Copyright


1. Can I, as a student or researcher, copy any film, sound recording or broadcast I wish?

2. How much of a work am I allowed to copy?

3. Do I have to acknowledge / reference what I copy?

4. Can I use this information to provide online courses to people in other countries?

5. Can I make a copy in an accessible format?

6. Can I include third party materials in my recorded lecture?

7. Can I use third party images?

8. Can I make copies of work I have purchased?

9. Can I link to videos I found online?

10. What is Creative Commons and how does it work?

11. Can I get permission to use a video/DVD/feature film in the classroom?

12. Can I record and upload a video found online or a DVD for educational purposes?

13. Who can advise about copyright at UoW?

14. Useful websites


COPYRIGHT FAQ'S AUGUST 2015



What can I copy for my teaching?

Changes to copyright law mean that you are allowed to copy works in any medium where it is “illustration for instruction”. You don’t need the permission of the rights holder if the use is:


Illustrative (used solely to illustrate a point not simply for aesthetic effect to make the work look good)


Non-commercial


Fair dealing (essentially using small amounts and not competing with the rights holder) and


Sufficiently acknowledged


You can refer to 'Fair Dealing' section in the full document for further info.


In addition if UoW has a licence covering the copy of e.g. materials from a particular publisher, then it is ok to do so within the restrictions stated by that licence (see p.4 of the full document for a list of licences). If the licence required is not listed, please check with the library before copying.



1. Can I, as a student or researcher, copy any film, sound recording or broadcast I wish?

No. You can copy what is strictly necessary for genuine research or private study, so a film, for instance, would have to be genuinely relevant to your course, or to some other independent study. Copying of whole work would not generally be ‘fair dealing’. Libraries and archives may make copies of artistic works for researchers and students.



2. How much of a work am I allowed to copy?

The amount you are able to copy is limited to what is considered ‘fair dealing’ – see full document for more information. This generally means that only a limited part of work that is necessary for the research project may be copied.



3. Do I have to acknowledge / reference what I copy?

You will need to identify the author, artist or creator of the work, and the title or some other identifying description of the work that has been copied.



4. Can I use this information to provide online courses to people in other countries?

Copyright is a territorial right, and different acts are permitted in different countries. You need to ensure that you comply with the laws of the countries in which you provide online resources.



5. Can I make a copy in an accessible format?

A single copy of a work can be made in an accessible format for the personal use of a person with a disability.
Charities (including colleges) may make multiple copies of copyright protected works for people with disabilities.
If any type of copyright work is not available commercially in a format that can be accessed by a person with a disability, an individual or charity is permitted to make an accessible copy for them.



6. Can I include third party materials in my recorded lecture?

Yes you may do so, provided:


The original work is sufficiently acknowledged; and

Use of the materials illustrates a teaching point; and

Use must not adversely affect the right holder's ability to exploit their work; and

You adhere to Fair dealing;


The recording is more likely to be fair if the recorded lecture containing copyright information is only made available via a password protected VLE to staff and students requiring access for the purpose of illustration.



7. Can I use third party images?

Images can be used where the use can be justified as “illustration for instruction”. (See 1 above).
Fair dealing with images presents special problems.
It is arguable that using low resolution versions of the images and limiting access to students enrolled on a particular course, for the duration of the course, will support the contention that the use is fair.


In addition provided the image has been published in some way, it can be included for use in teaching and learning if the purpose is for criticism and/or review and within the limits of fair dealing.


Suggested limitations of use include:


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That all pictures should only be in the resolution sufficient for the purpose and no higher

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A restricted audience

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That the work cannot be further disseminated.



8. Can I make copies of work I have purchased?

Other than computer programs, the law has been amended to permit individuals to make personal copies of copyright works they legally own. E.g. you may copy a song bought on iTunes and copy this to CD or rip a DVD and use it on a mobile device.


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Copied material is for personal use only, not for teaching or corporate purposes.

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Students may use the regulation in order to ‘format shift’ works legally for viewing, reading or listening provided they have legally and permanently acquired the original.

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The right to make such copies cannot be exercised by learning providers such as the University of Westminster.

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You may not transfer the copies to anyone else.

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If you no longer own the original, you must dispose of the copy.




9. Can I link to videos I found online?

Sharing or posting a simple web link to images posted publicly online by the copyright owner is usually not restricted by copyright. The Court of Justice of the European Union has ruled that Internet users should be free to share links to material, for example photos or videos, providing the material itself has been published freely online with the permission of the rights holder. The right to share links however doesn’t go as far as allowing users to share links that are designed to circumvent pay walls or other subscription only services. Also it should be made clear to the user that you are not claiming any ownership of the videos nor are you endorsing their use.



10. What is Creative Commons and how does it work?

Some creators of works are happy to share their work for free, provided that the works are used for non-profit making activities. They achieve this by releasing their work under a licence which has clear terms that are represented by symbols that are easily recognised. There are different types of Creative Commons licences, so users of these works must check the licence agreement and adhere to anything stipulated there.

There are more than 882,000,000 creative works licenced by CreativeCommons.org



11. Can I get permission to use a video/DVD/feature film in the classroom?

Copyright law allows the showing of videos at the university for the purposes of instruction without asking the rights owner for specific permission. This does not include entertaining a class on a wet afternoon. It must be for the purposes of instruction only.



12. Can I record and upload a video found online or a DVD for educational purposes?

As above you are entitled to show video content that you have a lawful copy of for the purposes of instruction at the university. Copyright law also entitles you to copy portions of films for “illustration for instruction”. This means you can copy clips of a film to digital files and make them available to students with the restrictions that these clips are necessary to illustrate a teaching point and the amount of material copied is reasonable and appropriate to the context. The conditions include that the use is fair dealing and non-commercial and that the work is sufficiently acknowledged. It is possible to retain these copied clips (on a secure VLE, for example) as long as the use remains “illustration for instruction”. Copying and retaining of the whole film is unlikely to be fair dealing. The Educational Recording Agency (ERA) licence agreement for universities entitles you to record broadcasts and re-use them in learning. [Link here to information on your website about the ERA licence at your institution with a description of what can and cannot be done.

https://www.westminster.ac.uk/library-and-it/regulations-and-policies/copyright/copying-licences]

Note – the Open University Broadcast Licence is no longer required, as it comes under the ERA licence


The ERA website says: The ERA Licensing Scheme provides educational establishments with a simple means of accessing and using broadcast material both in the classroom and by students at home.


13. Who can advise about copyright at UoW?

The following colleagues have knowledge of copyright law:

Eleri Kyffin e.kyffin@westminster.ac.uk

Lia Papachristou l.papachristou@westminster.ac.uk




14.
Useful websites

Gov.UK (2014). Intellectual property – guidance: Changes to copyright law. [online] Crown Copyright: Gov.UK. Available from:

<https://www.gov.uk/government/publications/changes-to-copyright-law> [Accessed 8th October 2014].


Intellectual Property Office (2014). Exceptions to copyright: Education and Teaching
[online] Crown Copyright: Intellectual Property Office. Available from: <https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/359248/Exceptions_to_copyright_-_Education_and_Teaching.pdf>

[Accessed 15th October 2014].


Jisclegal Information (2010). Recording Lectures: Legal Considerations. [online] Jisc: Jisclegal. Available from: <(http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/1608/Recording-Lectures-Legal-Considerations-28072010.aspx> [Accessed 1st October 2014].


Jisclegal Information (2014). Copyright Changes [online] Jisc: Jisclegal. Available from:

<http://www.jisclegal.ac.uk/Portals/12/Documents/140620/Copyright/Changes/FAQs.pdf>

[Accessed October 2014].


Jisclegal Information (2014). New Copyright Exceptions Come Into Force.

[online] Jisc: Jisclegal. Available from:

<http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3664/New-Copyright-Exceptions-Come-Into-Force.aspx>

[Accessed 8th October 2014].


Jisclegal Information (2014). The Copyright and Rights in Performances (Disability) Regulations 2014. [online] Jisc: Jisclegal. Available from:

<http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3513/The-Copyright-and-Rights-in-Performances-Disability-Regulations-2014.aspx>

[Accessed 8th October 2014].


University of Westminster (unknown). Copyright. [online] University of Westminster. Available from:

<https://myintranet.westminster.ac.uk/about-us/corporate-services/human-resources-organisation-development/our-services-and-information/?a=187490:workspace%3A%2F%2FSpacesStore%2Ff32c9179%2D762c%2D451c%2Db621%2De977f202cbf9>

[Accessed 6th November 2014]

University of Westminster (2007). Intellectual Property Policy. [online] University of Westminster. Available from:

<https://myintranet.westminster.ac.uk/about-us/corporate-services/human-resources-organisation-development/our-services-and-information/?a=187490:workspace%3A%2F%2FSpacesStore%2F8ecc0832%2Df89d%2D432f%2D9b75%2D94aa54d18ae3>

[Accessed 6th November 2014]

You can also download the document below