THINGS
TO WATCH OUT FOR
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!
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:
-
That all pictures should only be in the resolution sufficient for the
purpose and no higher
-
A restricted audience
-
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.
-
Copied material is for personal use only, not for teaching or corporate
purposes.
-
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.
-
The right to make such copies cannot be exercised by learning providers
such as the University of Westminster.
-
You may not transfer the copies to anyone else.
-
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:
[Accessed 8th
October 2014].
Jisclegal Information
(2014). The Copyright and Rights in Performances
(Disability) Regulations 2014. [online] Jisc: Jisclegal.
Available from:
[Accessed 8th
October 2014].
University of Westminster
(unknown). Copyright. [online] University of Westminster. Available
from:
[Accessed 6th
November 2014]
University of Westminster
(2007). Intellectual Property Policy. [online] University of
Westminster. Available from:
[Accessed
6th November 2014]
You can also download the document below