copyright in the uk is governed by the film release form.....24 tables table 1: legal copying limits...

University Library

Tania Rowlett, Robert Melocha and Gareth J Johnson

V1, Mar 2012

www.le.ac.uk/library

Copyright for Module Writers

Materials and Further reading

2 UNIVERSITY OF LEICESTER · LIBRARY


Contents 1. Introduction to Copyright ................................................................................................................................... 4

Personal Use ........................................................................................................................................................... 4

Rights & Rights Holders .......................................................................................................................................... 5

Orphan Works ......................................................................................................................................................... 5

2. Types of material you may wish to use .................................................................................................................. 6

Text ......................................................................................................................................................................... 6

Online sources ........................................................................................................................................................ 6

Illustrations, Figures and Tables ............................................................................................................................. 7

Maps and Charts ..................................................................................................................................................... 7

Photographs and Images ........................................................................................................................................ 7

3. Educational activities .............................................................................................................................................. 9

Streaming and Recording Lectures ......................................................................................................................... 9

Audio and Podcasts ................................................................................................................................................ 9

Additional resources accompanying books .......................................................................................................... 10

Adaptation ............................................................................................................................................................ 10

Performing a written work ................................................................................................................................... 10

4. Other Issues .......................................................................................................................................................... 11

Student copyright ................................................................................................................................................. 11

Employer Rights and Ownership Issues ................................................................................................................ 11

Previously Published Work ................................................................................................................................... 12

5. University Licences ........................................................................................................................................... 13

Copyright Licensing Agency (CLA) ......................................................................................................................... 13

Newspaper Licensing Agency (NLA) ..................................................................................................................... 15

Educational Recording Agency (ERA).................................................................................................................... 15

Digital Library Resources ...................................................................................................................................... 16

6. Permissions & Risk Mangement ........................................................................................................................... 17

Seeking permission ............................................................................................................................................... 17

Managing Risk ....................................................................................................................................................... 17

Liability .................................................................................................................................................................. 18

7. Creative Commons (cc) and Alternatives to Copyright ........................................................................................ 18

8. Copyright and Course Pack Service ...................................................................................................................... 20

Further Reading ........................................................................................................................................................ 20



Appendix A ................................................................................................................................................................ 24

Short Film Release Form ....................................................................................................................................... 24

Tables Table 1: Legal Copying Limits Guide .......................................................................................................................... 4 Table 2: Downloading & Reuse ................................................................................................................................... 6 Table 3: Using Images – rules of thumb ..................................................................................................................... 8 Table 4: Employer Copyright & Ownership .............................................................................................................. 11 Table 5: Degrees of Risk ............................................................................................................................................ 17 Table 6: Creative Commons License Ingredients ...................................................................................................... 19

Legal Disclaimer Copyright is an incredibly labyrinthine area of law. None of the authors of this work are copyright lawyers, and while advice given is from a best professional understanding standpoint it should not be regarded or construed as legal advice. If you need to seek specific legal advice with respect to copyright you are advised to speak to the institutional legal representative in the first instance or consult a specialist lawyer.



1. Introduction to Copyright Copyright in the UK is governed by the Copyright, Designs and Patents Act (1988) (CDPA). It provides legal protection for an author/ creator, which allows them to control the way in which the work they have created is used. Copyright does not need to be claimed, it is implicit in the creation of any work – from a letter written to a friend through to work prepared for an academic text book. The demands on existing copyright law are often changing and evolving over time, which is why it is good academic practice to maintain an awareness of the variances and developments as they relate to your research, teaching and learning. Many new interpretations of existing law come through the opinions delivered by the legal process of the courts, and can sometimes result in dramatic changes; especially for new or previously uncertain areas of activities (e.g. the Internet, social media etc). Perhaps of most relevance to academic institutions, UK Copyright law limits the amount of material that you can legally copy or distribute to others. Infringement of copyright by University of Leicester staff and students is taken seriously and further action will be taken, although it is our hope that this workshop along with the additional supporting staff, will help you to avoid such a situation.

Personal Use By law, you can generally copy less than a substantial amount of a published work for personal research or study, although unfortunately, it does not go on to define what can be considered substantial. UK case law informs us that substantiality must be viewed in terms of the quantity and/or quality of the excerpt in each case, e.g.:

• A half-page table of results from a research project could constitute a minimal quantity, but could be deemed as substantial in terms of quality; given that this was a key part of the original paper’s research findings.

• Likewise one important line from a poem could also be deemed a substantial extract. If you plan to copy more than an insubstantial amount, you could potentially rely on the concept of fair dealing, although this has not strictly been defined in UK law. It is generally assumed that fair dealing will allow you to copy a substantial amount of a published work, providing it is for a fair purpose such as your own private study, or for non-commercial research or critical review. Bearing this in mind, the following limits are a guide to the recommended limits for allowable copying, whilst respecting copyright:

Table 1: Legal Copying Limits Guide Whichever is the greater of:

Up to 5% or one chapter of a book

Up to 5% or one article from a single issue of a journal

Up to 5% or one paper of one set of conference proceedings

Up to 5% of an anthology or one short story or one poem of not more than 10 pages

up to 5% or one case of one report of judicial proceedings

Ideas & Rights Ideas are not subject to copyright; they are covered by Patent Law. The Enterprise & Business Development Office can help explain this further.



Rights & Rights Holders The owner of copyright in a work is generally referred to as the rights holder, and unless another agreement is in effect, rights holders have sole discretion as to the transfer, sale or donation of their rights in their creation. Rights such as these can be loosely split into moral rights and economic rights (see box outs). Unlike economic rights, moral rights cannot be sold or transferred, but they can be waived by the creator if so wished.

The term work encompasses written material (including source codes), dramatic works, music, computer programs, web sites, databases, sound recordings, films (including animation), broadcasts and published editions of a work. Copyright of published written, dramatic and musical works lasts for 70 years after the death of an author/creator. At the moment copyright in a sound recording is 50 years but the EU would like to raise that to 70 years in all member states.

Orphan Works An orphan works is the name given to any item in which copyright subsists, but where the rights holder(s) cannot be traced. Whilst many people think this applies to the majority of information on the web, you can usually trace a rights holder by looking at the sites terms and conditions, terms of use, or copyright policy. For items to be truly defined as orphan works you need to have taken a variety of steps to locate the rightsholder(s), which is often referred to as due diligence. This may involve you putting notices in local newspapers, relevant magazines or shop windows, or using sites like Firms out of Business (FOB) or The Watch files.

Economic Rights These allow the rights’ holder to permit the reuse, performance or adaptation of the original work. They are the rights that can be assigned or sold by a creator to another entity (e.g. a publisher).

Moral Rights These are the intrinsic rights of the author to be identified as the creator of the work and for them not to be subjected to any derogatory treatment.



2. Types of material you may wish to use As a module writer or someone who prepares teaching materials, you are likely to want to use a variety of different materials from different sources. This section aims to cover the key types of material which are usually found in course readings.

Text If you use a substantial (see above) amount of text copied from a printed book, journal or magazine, or a printed newspaper, this may be ok under one of the University’s educational licences (see below). However, if you are using more than the limits specified by the licence, you will need to get permission and potentially pay a copyright fee (see below).

Online sources If you are directing students to online materials, the general rule on any links to external sites and their contents is never link to those containing illicit, illegal or infringing materials. You should also ensure you read the terms and conditions of use on any website, they may ask you to link to their home page rather than deep link directly to a resource.

Material on the web is almost always copyright protected. Just because it is freely available doesn’t mean it is free from copyright or can be freely re-used without permission. Check the top or bottom of the main site page for links to copyright information, terms and conditions or terms of access to see what is allowed. You may be permitted to reuse the text, but with a specific acknowledgement.

Table 2: Downloading & Reuse

Permissible Caution Generally you can download and/or print individual items for personal use. Material on the web is usually copyright protected. In the absence of any clear guidance check the site’s terms and conditions. The University Library provides many electronic journals, books and databases. These are all supplied subject to various publisher licence agreements.

The Creative Commons symbol helps identify sites that allow legal sharing and in some cases reuse. The usual rules about copying an insubstantial amount or a substantial amount for the purposes of criticism, review or private study apply.

Do not download works in their entirety or systematically, for example an entire journal issue. Music, films and sound recordings are NOT covered by fair dealing for research and private study, only for the purposes of criticism and review. Material on the web can be there illegally, for example pirated material. Do not download or link to this material, or use peer-to-peer file-sharing software. Do not email or transfer legally downloaded material to anyone else. This includes sharing it via social media platforms. For excerpts from sites which have multiple contributors (e.g. a team twitter feed or a Wiki), each person could have a right of veto to the reuse. You must adhere to the University's IT Service Regulations.



Material, such as online journals and newspapers, are generally provided under a licence signed between the University and the publishers. It is not always the case that because you have access to these materials, you can include them in course material. Always check with the Copyright Administrator before including anything more than a short quote.

Illustrations, Figures and Tables If you have used an illustration purely as decoration, then this would certainly need to have express permission as it falls outside the bounds of fair dealing. However, if you have used an image or figure as part of your argument, then this may count as criticism, and you may not need permission if it is a single instance. If you have reused multiple figures from the same source then this may well be considered as harming the commercial interests of the rights holder, in which case you would almost certainly need to obtain permission. As always if you are in any doubt as to the rights or license situation for images, always seek permission for inclusion from the rights holder.

Maps and Charts If you have used a map from organisations like the Ordnance Survey or Digimap, check the relevant licence to see if the use is permitted. It should be noted that the OS is especially protective of its rights and that reuse of any of its maps without express permission is a high risk approach. If you have obtained the map from a book, check who owns the copyright in the map, this should be indicated either with the map, or at the beginning or end of the book.

Some older maps or charts may be out of copyright (for instance, Ordnance Survey maps over 50 years old are out of copyright), but never assume this is the case for all items, and always fully acknowledge the source of the material. If the rights are unclear it is usually better practice to take the steps towards seeking permission than risk inclusion of items that may still potentially breach copyright. Remember, if you have exercised due diligence in seeking permission, then you may take the low risk option of including it in your material, provided you keep documentation of your efforts.

Where a map’s copyright owner is no longer in existence or unable to be traced, then you may wish to include it as an orphan work (see above).

Photographs and Images These can be an especially tricky area of copyright, as even if you were the original photographer, you may be taking photographs of materials in which someone else holds rights (e.g. artworks in a museum). It is also important to remember that a photograph on the Internet or a Website is likely to be copyrighted even if it doesn’t explicitly state this fact.



Table 3: Using Images – rules of thumb

• If someone else created the original image or photo:

o You need to seek permission from the photographer or rights holder.

• If you created the original image or photo, you are the rights holder:

o Unless you have assigned it to someone else or

o You have photographed something in which the rights are owned by someone else (e.g. a pages in a published book).

• If the image is a photograph of people:

o You need their formal permission to use the photo, unless they are incidental to the photo (e.g. a picture of a building with people passing by).

o If the people are deceased, it is unlikely you will need to ask anyone else for permission, but please use caution if the photographs are of a sensitive nature or used in a manner which could cause distress to friends and relatives.

o If the photograph is of minors or of an otherwise sensitive nature you may need to discuss the ethics of its inclusion as well as seeking permission.

• If the image is of other images or artistic works (e.g. portraits/sculptures in a museum):

o You would need to seek permission of the gallery or painter.

o This applies even if you took the picture yourself, as most galleries have terms and conditions associated with the reproduction of their works.

• If the image is from a photosharing site like Flickr or on a blog

o Reuse may depend on the specific licenses attached to the image. If none are given assume reuse requires formal permission.

o Some people share images for which they are not the rights holder. Reusing these, even with permission, is a higher risk approach!



3. Educational activities

Streaming and Recording Lectures The rights in a streamed lecture lie at least in part with the lecturer (AKA the ‘performer’), as well as in the rights holder for any material shown in their slides. Assuming as the performer you are using material you have entirely created or if you are only including material for the purposes of criticism and review then there should be no concerns. Streaming a lecture or placing a recording on YouTube or similar video sharing site is a higher degree of openness of access, and hence discovery and therefore overall risk if anything infringing or illicit is included.

If your lecture will include third-party copyright materials for purposes other than criticism and review (images, audio or video elements for example) then permissions should be sought not solely to incorporate them in your slides but to also broadcast your slides in this manner. It may be that the local licenses allow for the showing of these materials locally, and even over the internet to members of the University. However, the same licenses may preclude their being viewed over the internet by people external to the institution.

If you are filming an external speaker, as a non-employee it would be wise to seek their formal permission to stream the session. There are a variety of licenses, such as the one in the appendix A, that you may find useful to reuse or adapt in terms of obtaining the rights from a speaker to represent their performance on video. This example clearly ensures that all rights for reuse and adaptation in a video performance become your property, which greatly reduces the difficulty in sharing the material.

Audience members are generally incidental to a streaming of a lecture and so explicit permission is not required from them. However, a good practice tip is to ensure that they are aware that any session will be recorded and transmitted by announcements before the start and signs at the entrances to the room. There should also be part of the room set aside that will not appear on video, for those whom wish to attend but wish to decline to appear visually online.

Audio and Podcasts Sound recordings are an exception to Section 11(2) of the CDPA (1988), so if you were to record yourself giving a lecture or talk then, unless there is a contract or agreement to the contrary, the rights are probably owned by yourself and not your employer. In the case of the University of Leicester, the ‘Policy for the Treatment and Governance of Intellectual Policy’ (available from the Enterprise and Business Development Office) states that the rights in multimedia works does become the property of the University.

Reusing audio within a podcast should be either under a licence or where permission has been granted. Reusing commercial audio, say a pop song, without such permission to underscore your podcast will likely result in your infringing copyright and is not advisable. Sources of materials shared under appropriate licences like Creative Commons can be found through sites like the Internet Archive (Internet Archive, 2011). In addition some commercial audio and video editing software packages come with onboard licence free audio or machine generated music that can be used under the terms of the software licence.

Sound recording rights currently last 50 years after a recording, or 50 years after the year of first release (if it is released). However, an EU directive extending the term of these rights to 70 years was issued in September 2011 (BBC News, 2011a; Kent, 2011). As such, all member countries are now required to amend their domestic copyright laws to comply with this. However, the UK has to date not yet introduced this modification.



Additional resources accompanying books Some books purchased by the library or department arrive accompanied by a CD-Rom or username and password for access to additional online materials. Always check the terms and conditions of the licence included with these items, some allow onward distribution or loaning for education use, others specify such resources can only be used for personal research.

Adaptation You cannot adapt portions of any published literary, dramatic, musical (including scores, films and soundtracks) or artistic work without the permission of the rights holder.

If you can show you have demonstrated a significant degree of skill and judgment in your adaptation the resulting work could qualify for copyright protection in its own right. However, may not always be sufficiently distinct enough to be classed as a new item.

Performing and recording a written work A recording of a substantial amount of text will require permission from the copyright owner of the work, unless it is done for the purposes of examination. For example, if the intention of the recording is to play it in class and ask the students to make a transcript, provided this transcript is assessed, and contributes to the overall grading of the student, this is likely to be ok. If the intention is simply to make the work available to the students in another format, this would require permission.

It is worth noting that the reading aloud of text either by a student of a University of Leicester employee, to students in a lecture, is permitted under Section 34 of the CDPA 1988.

Adaptation can take many forms:

• amending a piece of text (either by deleting words or replacing them) • taking a chart and adding columns or further calculations • taking a drawing and adding words or annotations



4. Other Issues

Student copyright Essays, emails, exam scripts, dissertations and other original material created in the form of projects or assignments all constitute copyright material. In these cases students are the rights holders for the original work. However, it is a University course requirement for the purpose of marking and assessment to supply these to assessors and upload text based material to TurnItIn plagiarism software. If you wish to reuse students work you must get their permission. Remember, one of their moral rights is the right to be identified as the author of a work, so anonymising work would be infringing that right.

Employer Rights and Ownership Issues It is worth thinking about who actually owns copyright in material you create in the course of your work, as this does affect who can use it and how. When an employee creates an item of intellectual endeavour in the course of their employment, be it a literary piece or a scholarly report, the default copyright position is that ‘The employer is the first owner of the copyright of literary, dramatic, musical or artistic work made on or after 1 July 1912’ (Padfield, T. 2007, 3rd edition Copyright for Archivists and Records Managers) unless there is a contract to the contrary.

Thus everything you create within the performance of your employment is owned by the University. This is advantageous in that it allows any other employee of the institution to use it within the confines of the University’s business; e.g. to present your work in a streamed lecture as part of a degree course. For example:

Table 4: Employer Copyright & Ownership

Lecture notes read aloud on camera for a streamed lecture

Pictures taken by an academic on holiday, and then reused by them in lecturing slides.

Blog posts written by administrator, incorporated into departmental brochure

Created: In the course of employment

Rights holder: Creator (the academic)

Reuse: Personal lecture notes cannot be reused without permission of the creator (the academic).

Recorded performance can be reused within the University.

Created: Outside of the employed role

Rights holder: Images = Creator (the academic), Other elements of slides are owned by the institution

Reuse: Images cannot be reused by others without seeking further permission. Slides can be, sans the images.

Created: In the course of employment

Rights holder: Employer (the University)

Reuse: Text can be reused by the institution’s members without permission. Images may be separate copyright items depending on original source and associated permissions

However, decades of custom and practice have long allowed academics to assign the rights in their articles and other publications to publishers, and it would be a difficult thing for an institution to make a case against this de facto position. As (Padfield, 2007) states ‘The position in universities is particularly uncertain. In the past it was normal for universities to tacitly permit their academic staff to claim their own copyrights, giving them the freedom to conduct their research and publish the results.’



Previously Published Work Including a portion of you own work in course materials may be straightforward, but you must check the agreement that you signed with the publisher. Even if you assigned copyright to the publisher, the agreement may still allow you to use the material, so look for any educational exemption clause. If it does not expressly note this or you are unable to find the agreement then you must directly approach the publisher for permission.

Remember, you must clearly attribute any portion of your work that has appeared elsewhere.



5. University Licences

Copyright Licensing Agency (CLA) The University of Leicester holds a Copyright Licensing Agency (CLA) Higher Education Photocopying and Scanning Licence. This allows University staff to make multiple photocopies or scans of limited extracts from published books, journals and magazines, for distribution to University of Leicester students, including distance learners. The licence covers most UK publications, and a number of European, US and international publishers. Details of excluded publishers can be found on the CLA website. Extracts are limited to whichever is the greater of that shown in Table 1.

Please bear in mind that the scanning licence covers fewer countries and consequently fewer publishers than the photocopying licence, so just because something has been eligible for photocopying in the past doesn’t mean that it can be digitised.

Specific requirements

The licence requires the University to hold a copy of the item, which excludes personal, proof or inspection copies. This is due to CLA audit arrangements which require that the original is readily accessible to library users. If a copy of the work is not held or is not covered by the CLA licence, the Library’s Copyright and Course Pack Service can either:

• Try to obtain a Copyright Fee Paid (CFP) copy of a chapter or article from the British Library (if covered by the licence but not held)

• Contact the publisher to purchase permission (if unable to source a CFP or not covered by the licence)

CFP items are articles or extracts where a fee is paid in order to ‘own’ the item. There may be a cost to the Department, which varies depending on the publisher. The format of the item seldom makes a difference to the level of cost.

Note that in order to place CFP requests, departments need to hold a Course pack card, issued by the library. The Copyright Administrator can arrange for one to be created for you.

Scanning specific requirements:

There are a number of requirements relating to our scanning licence, and due to these restrictions only designated people may place scanned material on a VLE. Please contact [email protected] if you are interested in becoming a designated person.

Common Fees The British Library charge for a CFP varies between 50p-£45, but on average you should expect to pay between £10-20 to obtain a copyright fee paid cleared item.

mailto:[email protected]�



For each digital copy there are specific obligations:

• Digitised scanned items can only be placed onto a University restricted, password protected site e.g. Blackboard. The material can be text only, text and image or an image disembedded from the text.

• Materials must only be made available to students registered on the relevant course of study, and only for the duration of the module/course.

• A Copyright Notice (coversheet) must be appended to the front of the scan. • You should avoid textbook substitution (see below). • Bibliographic and course based details must be recorded and reported annually to the CLA by the

Copyright Administrator. • Details of any scanning should be conveyed using a Document Request Form and sent to the Copyright

and Course Packs Administrator Textbook substitution

One of the key things to consider, for both printed course packs and scanned items, is to avoid what is termed textbook substitution. This is an issue over which publishers have some concerns, and is a major reason why the guidelines for acceptable reuse (see Table 1) are ones to always bear in mind. The CLA Licence defines that textbook substitution would have occurred if:

“…a particular combination of photocopies and/or digital copies made available under the licence had an adverse impact on a student's decision to buy a copy of a course textbook. This would be in conflict with the principles of non-substitution set out in the licence.”

One example would be using, from the same book, chapter 4 for module 1 of a course, chapter 6 for module 2, chapter 1 for module 3, and chapter 12 for module 4. Whilst such use may be interpreted as technically allowable under the CLA guidance, it is likely to be viewed as outside the spirit of the agreement, in that it may discourage the purchase of the book from which the chapters are taken.

Another example relates to readers (usually a collection of chapters or articles drawn together and published to form one source document). Technically, you could use the original sources of these documents, which are likely to be different books and journals BUT, again, this would lessen the need for a student to purchase the reader.

The Library’s Course Pack service will advise you if there is a risk of breaching the textbook substitution rules, but it can be helpful if your exercise care in selecting items for your modules in this respect yourself.

CLA Reporting & audits

Print: The CLA can and do make site visits to monitor multiple copying within departments. It is therefore extremely important that you display the CLA copyright notice (which details the licence limits and the Copyright Administrator’s details) on or next to each departmental photocopier. If you do not have a copy of this notice please contact the Copyright Administrator.

In the event of an audit the CLA Auditor can ask to see any or all records of rights and permissions for items used in print, or scanned, coursepacks. If these are not forthcoming then there may well be serious implications for the institution.



Scans: At the end of each academic year the library, as maintainers of the CLA licence, are required to make a report on any materials scanned. From time to time the CLA will make a site visit to audit our records, and those of anyone using course pack material. This is one of the reasons why you need to keep accurate records of any permissions that you obtain yourself.

Another requirement of the licence is that materials are only provided on Blackboard for the duration of any module (including and allowing for any re-sits). We carry out an annual check by asking the initial requestor if the items will continue to be required. If we do not receive a response then the items are removed from Blackboard. For any new intake of students a pack should be created.

Newspaper Licensing Agency (NLA) The University has a comprehensive NLA print licence which covers making up to 250 copies (for students) and 4 copies (for staff) of an article from most UK national titles and some regional titles.

• All copies should clearly display the following notice on the front: “NLA licensed copy. No further copies may be made except under licence."

• Photographs and graphics contained within articles can also be copied. • Copies must not be transferred to others who are not registered on the course of

study for which the copies were made.

The University is not covered by this licence for online newspaper articles as we do not own a NLA digital licence. This means that unless permission has been sought you cannot simply print off multiple copies of an online newspaper article and distribute it to your students.

Educational Recording Agency (ERA) This licence permits staff at educational establishments to record, for non-commercial educational purposes, broadcast output of Educational Recording Agency’s (ERA) Members. Materials can be edited into clips, providing that they do not substantially change the nature of the programme.

All copies of broadcasts must be labelled with the date of broadcast, title, and broadcast channel. AVS Media, via IT Services, can make and provide ERA compliant materials.

Note that use of ERA recorded material within Blackboard is currently restricted to on-campus only, the licence does not permit access off site (ie. in student halls or overseas). The use of Open University programmes does not come under the ERA licence, is subject to different restrictions, and does bear a cost. See the AVS Web pages or contact them for further advice and assistance.

You might also wish to consult the slides from Chris Willmott’s “Making the Most of Broadcast Media for Teaching” Staff Development workshop.

Nexis The David Wilson Library currently has a subscription to the Nexis database, which provides electronic access to most UK and international titles. You may prefer to direct students to this resource.



Digital Library Resources Electronic journals, books and full-text materials are provided by the Library under licence from the publisher. Whilst many publishers permit the downloading and inclusion of limited extracts of such materials in printed course packs, some publishers specifically prohibit this. We would therefore recommend that you consult the Copyright Administrator before using such materials in this manner. Likewise do not assume that because materials are available online they can automatically be incorporated into an on-line course pack. In most case links to resources directly from a VLE to the document are always recommended; see the guidance for academic staff on the library web pages for further information on how to do this. Linking is different to placing PDFs of items directly onto Blackboard, which is something many publishers specifically prohibit in their licence.



6. Permissions & Risk Management It can take an indeterminate amount of time to obtain responses from copyright owners, often several weeks; in practice a period of 6-9 weeks is a quite common turnaround period for permissions agents and representatives at major publishers. You must therefore take this into account when submitting requests, as well as when seeking permission to reuse materials yourself.

Seeking permission Although the Copyright Administrator can try and obtain permissions for you, the service can get very busy during the run up to, and especially just before the start of, each semester. You may therefore wish to seek permission yourself directly. There are usually contact details or permission request forms on the publishers’ websites of which you can make use. This can have the benefit of speeding up the request process and provides the publishers with a direct contact address should they require further information. There are also organisations such as RightsLink and the Copyright Clearance Centre (CCC) who provide online permission request services on behalf of some publishers. However, in some circumstances you will need to go directly to specific publishers. You are required to keep written evidence of any and all permissions granted in this way and you must not proceed until you have received permission from the rights holder.

Managing Risk All reuse of items that are the property of other rights holders is about managing the degrees of copyright infringement risk. This higher the risk you expose yourself and potentially the University to, the greater the possibility that a rights holder would be able to make a legitimate legal challenge in a court of law.

Table 5: Degrees of Risk

No Risk • Reusing material entirely created and owned by yourself or the University (e.g. rights not transferred

to a publisher)

• Reusing material made available under an open licence

• Reusing material for which you have sought and obtained specific written permission from the rights holder

Low/Moderate Risk • Posting a link to clearly infringing material

• Retweeting unsubstantiated rumours about an individual

• Posting negative comments about an employer on an open social site*

• Reusing third party material in documents which are then distributed as course packs or class handouts

Higher Risk • Reusing third party material in documents which are then distributed electronically on the Web

• Distributing copyright material electronically when you are unclear, or in breach of its copyright status **

* NLRB v AMR (2011) – an employee was allegedly fired for posting a negative comment about their employer on Facebook ** Morel (2011) – photographs posted by a photographer on Twitter were reused by news and photo agencies without permission/acknowledgement, which led to a judgment that “the provision that Twitter encourages and permits broad re-use of content, does not clearly confer a right on other users to re-use copyrighted postings” Judge William H. Pauley III



The increasing level of risk is an analogue scale, and as such it is not possible to say with absolute certainty how great a risk you are taking. A good rule of thumb is the greater the amount of material reused from a single source or the more significant the extract then the higher the legal risk you and the institution are exposed to. In the European Courts significant extracts lasting little more than 11 words have been judged to be copyright infringements (Case C-302/10).

However, unless you solely focus on using items created and 100% owned by yourself or the institution in the course of your academic career then you will always be accepting a modicum of minor risk. Don’t panic! For the most part following the guidelines in this booklet will help ensure that you minimise as much copyright risk as is possible in modern academic practice.

Liability Used in this context liability is the overall legal risk you, or the organisation, are exposed to as a result of using materials to which you do not own the rights. This is a key issue, that through sharing of infringing material, you may bring not only yourself but the University into disrepute as well.

e.g. Professor Quentin Quire is being streamed live on the University’s website to a conference in the USA. During his talk he uses three images which are unlicensed and makes several ill judged remarks about members of the faculty at the institution.

In this example both Professor Quire and the University could be held to account for his actions by the rights holders and the named individuals; the Professor as the infringing agent and the institution through enabling the infringement by providing webcasting facilities. That the remarks were made at all increases the liability, and that they were made in an open medium broadcast across the web will confound and increase the total risk further.

Where material is shared or reused outside of permissions or licences, the liability for both the originator of the work, the organisation within which they are based and the medium through which they are shared, all own a portion of the blame.

7. Creative Commons (cc) and Alternatives to Copyright Creative Commons (CreativeCommons 2011a) is an organisation that provides licences which allow people to make their work freely and openly accessible to others, under a clear and concise combination of terms. Such work is said to reused under a Creative Commons licence. Much of social media is all about sharing and reuse of content and so naturally many of the best resources and those whom create them licence their work in this way.

Creative Commons licences have had a legal status in the UK for some time now. There are other open licence schemes for copyright, most notably the Copyleft (GNU Project, 2009) approach. These can be a very useful tool to tag your own materials with if you want to encourage reuse and sharing, but don’t want to be constantly approached for permission to reuse or to entirely give away your economic rights.

Creative Commons licences (Educase 2007) are constructed from a number of ingredients from which you pick and choose the flavour of your final licence. The main Creative Commons has a menu system that allows you to work through how you wish your work to be reused, and provides licences that can be linked to or incorporated into your documentation and websites. The four ingredients that go into making a Creative Commons licence are shown below:



Table 6: Creative Commons License1

Attribution

Ingredients

(BY) Share Alike

(SA) Non-Commercial

(NC) No Derivative Works

(ND) You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.

You allow others to distribute derivative works only under a license identical to the license that governs your work.

You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for non-commercial purposes only.

You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.

From CreativeCommons.org, reused under a UK (cc)-BY 3.0 license

For example If you wished to share an image and simply wanted people to acknowledge the source – choose an attribution licence [(cc)-BY licence]. There are six main combinations of license that are generally in use, and one special one.

If you wished to reuse some text shared under a [(cc)-BY-SA-NC license] then you would be free to do so in a not-for-profit or educational manner. You would be required to both attribute as well as share your final product incorporating the item under exactly the same (cc) licence. This might well mean that you could NOT include it in a formal publication.

Conversely where works have been licensed for non-commercial purposes [(cc)-NC licence] only, if you wish to use material under this licence in a journal article or book, these are strictly speaking commercial enterprises and you would be strongly advised to seek permission from the rights holder before proceeding.

No Derivative Works [(cc)-ND licence] may sound almost as restrictive as normal copyright at first. However, the difference is that items tagged with and ND licence can still be reused in their entirety without seeking permission from the rights holder, they just cannot be adapted or incorporated into other works in part. Hence a play under a ND licence could be performed in public in its entirety without permission by an acting troupe.

You can choose whether or not to allow people to make use of your work for commercial purposes, and whether they can adapt your work to create derivatives. In turn, you can re-use and/or include Creative Commons work in your teaching materials, depending on the licence specified.

Bear in mind that once a resource is made available under an open licence, you cannot retract it. You can remove the item and release it under a more restrictive licence, but anyone who downloaded the item whilst it was under the more open licence can continue to use it under that more open licence.

1 As Creative Commons started in the US they use the American-English License spelling rather than the British-English licence

Key Fact: The Right to Licence

Creative Commons licences are a form of partial rights retention, where the rights holder can elect to allow reuse under predefined and internationally verified conditions. Many search engines include the ability to search for items shared under just such a licence.



8. Copyright and Course Pack Service The service is here to help and advise you. We will:

• Check items on a Document Request Form for scanning or photocopying and advise which are covered by licences

• Scan your items and make them available in the Blackboard eReserves • Advise what is covered by an educational licence and where copyright compliant material can be

sourced • Request permission from rights holders for items not held by the University

Please remember: The months preceding the start of each semester are exceptionally busy and therefore please ensure any queries are submitted to us well before the materials are required for use.

Further Reading

• AVS Copy, Transfer & Record: http://www2.le.ac.uk/offices/itservices/resources/cs/avs/copy

• Bailey, C.W. (2008) Author’s rights, tout de suite: http://www.digital-scholarship.org/ts/authorrights.pdf

• Baskerville v Daily Mail and Baskerville v Independent on Sunday: http://blog.rpc.co.uk/privacy-law/no-

privacy-in-tweets#page=1

• BBC News (2011a) Rock veterans win copyright fight (12/09/11)

http://www.bbc.co.uk/news/entertainment-arts-14882146, accessed 21/11/11

• BBC News (2011b) South Tyneside Council 'gets Twitter data' in blog case (30/05/11)

http://www.bbc.co.uk/news/uk-england-tyne-13588284, accessed 22/11/11

• Collet, J (2011). PCC rules on first complaint about republication of Tweets by mainstream media, Press

Complaints Commission, Online at: http://www.pcc.org.uk/news/index.html?article=NjkzNg== (accessed

3/3/2011)

• Copyright Advice at the University of Leicester: http://www.le.ac.uk/copyright

• Copyright (London South Bank University Pages)

http://www.lsbu.ac.uk/library/html/staffcopyright.shtml

• Copyright Forms: http://www2.le.ac.uk/library/for/staffwhoteach/copyright/useful-forms

• Copyright Licensing Agency (CLA): http://www.cla.co.uk/

• Cornish, Graham P. (2009, 5th ed.) Copyright: Interpreting the law for libraries, archives and information

services, Facet Publishing

• Design and Artists Copyright Society: http://www.dacs.org.uk/

• Directory of Open Access Journals: http://www.doaj.org/

• HEFCE: Intellectual property rights in e-learning programmes:

http://www.hefce.ac.uk/pubs/hefce/2006/06_20/

http://www2.le.ac.uk/offices/itservices/resources/cs/avs/copy�

mailto:http%3A//www.digital-scholarship.org/ts/authorrights.pdf�

http://www.pcc.org.uk/cases/adjudicated.html?article=NjkzNA==�

http://www.pcc.org.uk/cases/adjudicated.html?article=NjkzNQ==�

http://blog.rpc.co.uk/privacy-law/no-privacy-in-tweets#page=1�

http://blog.rpc.co.uk/privacy-law/no-privacy-in-tweets#page=1�

http://www.bbc.co.uk/news/entertainment-arts-14882146�

http://www.bbc.co.uk/news/uk-england-tyne-13588284�

http://www.pcc.org.uk/news/index.html?article=NjkzNg�

http://www.le.ac.uk/copyright�

http://www.lsbu.ac.uk/library/html/staffcopyright.shtml�

http://www2.le.ac.uk/library/for/staffwhoteach/copyright/useful-forms�

http://www.cla.co.uk/�

http://www.dacs.org.uk/�

http://www.doaj.org/�

http://www.hefce.ac.uk/pubs/hefce/2006/06_20/�



• Intellectual Property Office (2011) A review of intellectual property and growth (Hargreaves Review)

http://www.ipo.gov.uk/ipreview.htm

• JISC Legal, Information Service: http://www.jisclegal.ac.uk/

• Johnson, G. & Rowlett, T. (2011) Keeping your Thesis Legal:

http://www2.le.ac.uk/library/find/lra/theses#training

• Leicester Research Archive (LRA home page): http://lra.le.ac.uk/

• Leicester Research Archive (LRA Library pages): http://www.le.ac.uk/lra

• Library copyright pages & workshop slides: http://www.le.ac.uk/copyright

• Linking to library digital resources: http://www.le.ac.uk/library/academic/linkingfrombb.html .

• Mabbett, A. (2011) The BBC’s fundamental misunderstanding of copyright:

http://pigsonthewing.org.uk/bbc-fundamental-misunderstanding-copyright/

• Module Homepage http://www2.le.ac.uk/offices/staff-development/courses/spr/sdcrsch-spr135

• Morel (2011): http://www.manatt.com/news-areas.aspx?id=13070#Article2

• NLRB v AMR (2011):

http://www.bakerdaniels.com/newsandevents/articlesalerts/detail.aspx?id=49C9BBB64ECB4ED58A363

E1E334BA5F9#page=1

• Norman, S. (2004) Practical Copyright for Information Professionals, Facet Publishing.

• Padfield, T. (2007), Copyright for Archivists and Records Managers (3rd edn), Facet Publishing

• Willmott, C. (2010). Making the most of broadcast media for teaching (workshop slides),

http://tinyurl.com/broadcastmedia

Videos

• The Creative Commons Cake (video): http:/tinyurl.com/CreativeCommonsCake

• JISC/SURF Authors Know your rights video:

http://www.surfmedia.nl/app/video/138141/play?format_id=201597&authorrights.wmv&mode=object

• What is copyright? (video): http://tinyurl.com/28dlkqr

• Understanding academic copyright (video) http://tinyurl.com/24awkf

Licenses & Legal

• British Copyright Council: http://www.britishcopyright.org/

• Case C-302/10 International A/S v Danske Dagblades Forening [2009] ECR I-6569

• CLA License: Excluded UK Publishers:

http://www.cla.co.uk/licences/excluded_works/excluded_categories_works/

• CLA License: Excluded US Publishers: http://www.cla.co.uk/licences/excluded_works/international/usa/

• CLA License: Textbook substitution: http://www.cla.co.uk/independent_he/Ind_textsub

http://www.ipo.gov.uk/ipreview.htm�

http://www.jisclegal.ac.uk/�

http://www2.le.ac.uk/library/find/lra/theses#training�

http://lra.le.ac.uk/�

http://www.le.ac.uk/lra�

http://www.le.ac.uk/copyright�

http://www.le.ac.uk/library/academic/linkingfrombb.html�

http://pigsonthewing.org.uk/bbc-fundamental-misunderstanding-copyright/�

http://www2.le.ac.uk/offices/staff-development/courses/spr/sdcrsch-spr135�

http://www.manatt.com/news-areas.aspx?id=13070#Article2�

http://www.bakerdaniels.com/newsandevents/articlesalerts/detail.aspx?id=49C9BBB64ECB4ED58A363E1E334BA5F9#page=1�

http://www.bakerdaniels.com/newsandevents/articlesalerts/detail.aspx?id=49C9BBB64ECB4ED58A363E1E334BA5F9#page=1�

http://tinyurl.com/broadcastmedia�

http://tinyurl.com/CreativeCommonsCake�

http://www.surfmedia.nl/app/video/138141/play?format_id=201597&authorrights.wmv&mode=object�

http://tinyurl.com/28dlkqr�

http://tinyurl.com/24awkf�

http://www.britishcopyright.org/�

http://www.cla.co.uk/licences/excluded_works/excluded_categories_works/�

http://www.cla.co.uk/licences/excluded_works/international/usa/�

http://www.cla.co.uk/independent_he/Ind_textsub�



• Copyright, Designs and Patents Act (1988)

http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm

• Creative Commons licenses: http://creativecommons.org/about/licenses/

• Data Protection Act (1998) DPA, http://www.legislation.gov.uk/ukpga/1998/29/contents

• DigiMap Licenses: http://edina.ac.uk/digimap/access/

• Eduserv – Copyright Toolkit (in conjunction with Copy-Right Consultants Limited) :

http://copyrighttoolkit.com/

• Educase (2007) 7 Things You Should Know About Creative Commons,

http://www.educause.edu/ELI/7ThingsYouShouldKnowAboutCreat/156826, accessed 18/11/11

• ERA Licensing Scheme: http://www.era.org.uk/

• GNU Project (2009) Copyleft, http://www.gnu.org/copyleft/copyleft.html, accessed 18/11/11

• Information Commissioner’s Office. Data Protection Act – guidance and advice for organisations,

http://www.ico.gov.uk/for_organisations/data_protection.aspx, accessed 15/11/11

• Internet Archive (2011) Audio Downloading and Streaming, http://www.archive.org/details/audio,

accessed 21/11/11

• ITS (2011) Regulations for IT Users, http://www2.le.ac.uk/offices/itservices/about/regulations, accessed

31/10/11

• JANET (2011). Janet Acceptable Use Policy: v11,

http://www.ja.net/documents/publications/policy/aup.pdf, accessed 15/11/11

• Kamerabooks.com (2006) Short Film Release Form,

http://www.kamerabooks.co.uk/downloads/RELEASE_FORM.doc, accessed 15/11/11

• JISCdigitalmedia ; http://www.jiscdigitalmedia.ac.uk/stillimages/advice/finding-images-on-flickr/

• JISClegal: http://www.jisclegal.ac.uk/

• JISC/SURF Authors Know your rights video:

http://www.surfmedia.nl/app/video/138141/play?format_id=201597&authorrights.wmv&mode=object

• JISC/SURF License to Publish: http://copyrighttoolbox.surf.nl/copyrighttoolbox/authors/Newspaper

Licensing Agency: http://www.nla.co.uk/Open University Reuse:

http://www.ouw.co.uk/store/catalog/Record-TV,953.aspx

• Kent, T. (2011). Sound recordings and copyright, http://www.pagestore.net/mediarights.co.uk/,

accessed 21/11/11

• Ordnance Survey Data Sub-licence Agreement: http://edina.ac.uk/digimap/osterms.html

• Open Government Licence: http://www.nationalarchives.gov.uk/doc/open-government-licence/open-

government-licence.htm

• Office of Public Sector Information (OPSI): http://www.opsi.gov.uk/

http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm�

http://creativecommons.org/about/licenses/�

http://www.legislation.gov.uk/ukpga/1998/29/contents�

http://edina.ac.uk/digimap/access/�

http://copyrighttoolkit.com/�

http://www.educause.edu/ELI/7ThingsYouShouldKnowAboutCreat/156826�

http://www.era.org.uk/�

http://www.gnu.org/copyleft/copyleft.html�

http://www.ico.gov.uk/for_organisations/data_protection.aspx�

http://www.archive.org/details/audio�

http://www2.le.ac.uk/offices/itservices/about/regulations�

http://www.ja.net/documents/publications/policy/aup.pdf�

http://www.kamerabooks.co.uk/downloads/RELEASE_FORM.doc�

http://www.jiscdigitalmedia.ac.uk/stillimages/advice/finding-images-on-flickr/�

http://www.jisclegal.ac.uk/�

http://www.surfmedia.nl/app/video/138141/play?format_id=201597&authorrights.wmv&mode=object�

http://copyrighttoolbox.surf.nl/copyrighttoolbox/authors/�

http://www.nla.co.uk/�

http://www.ouw.co.uk/store/catalog/Record-TV,953.aspx�

http://www.pagestore.net/mediarights.co.uk/�

http://edina.ac.uk/digimap/osterms.html�

http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm�

http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm�

http://www.opsi.gov.uk/�



• Risk Management calculator: http://www.web2rights.com/OERIPRSupport/risk-management-calculator/

• SPARC Author Addendum: Using the author addendum to secure your rights as the author of a journal

article. http://www.arl.org/sparc/author/addendum.shtml

• Strategic Content Alliance IPR Toolkit:

http://www.jisc.ac.uk/publications/programmerelated/2009/scaiprtoolkit.aspx

• UK Legislation.gov: http://www.legislation.gov.uk/

• University of Leicester (2005), Internet Code of Practice, Webteam,

http://www.le.ac.uk/regulations/computing/internetcode.html, accessed 31/10/11

• University of Leicester (2011a). Data Protection Code of Practice: A guide to the Data Protection Act

1998

• University of Texas at Austin: FOB: Firms out of Business database, http://tyler.hrc.utexas.edu/fob.cfm

• University of Texas at Austin, WATCH: Writers, Artists and their copyright holders,

http://tyler.hrc.utexas.edu/

• Web2Rights project ; http://www.web2rights.org.uk/

http://www.web2rights.com/OERIPRSupport/risk-management-calculator/�

http://www.arl.org/sparc/author/addendum.shtml�

http://www.jisc.ac.uk/publications/programmerelated/2009/scaiprtoolkit.aspx�

http://www.legislation.gov.uk/�

http://www.le.ac.uk/regulations/computing/internetcode.html�

http://tyler.hrc.utexas.edu/fob.cfm�

http://tyler.hrc.utexas.edu/�

http://www.web2rights.org.uk/�



Appendix A

Short Film Release Form (adapted and reused under license from Kamerabooks.com (2006). Appears in: http://www.kamerabooks.co.uk/creativeessentials/shortfilms/) Name of Short Film ("the Film") ………………………………………………………………. Name of Production Company/Organiser (“the Organiser”) ……………………………………………………………………………………………………… Description of Involvement …………………………………………………………………… ………………………………………………………………………………………………………. Date of Filming ................................................................................................................ Name of Contributor …………………………………………………………………………… Address of Contributor ………………………………………………………………………… ………………………………………………………………………………………………………. Contact Number of Contributor ……………………………………………………………… In consideration of the Organiser agreeing that I contribute to and/or participate in the Film, the nature and the content of which has been fully explained to me, I consent to the filming and recording of my contribution to and/or participation in the Film subject to the terms and conditions specified below. Signed by Contributor ………………………………………………………………………….. Dated……………………………………………………………………………………………….. If the Contributor is 18 or under this form must be signed by a Parent or Legal Guardian. I consent to [name of Contributor] entering into this agreement. Signed by Parent or Legal Guardian ............................................................................... Dated ....................................................................................................................................

http://www.kamerabooks.co.uk/creativeessentials/shortfilms/�

copyright in the uk is governed by the film release form.....24 tables table 1: legal copying limits...

Documents