Apr 13, 2023 UCC Teaching and Learning 2012 1

Copyright law in the Educational context

Louise Crowley and Darius WhelanFaculty of Law, UCCIonad Bairre Seminar 8 Nov 2012

Apr 13, 2023 UCC Teaching and Learning 2012 2

Overview• What is copyright?• Rights of copyright owner

- permitted & prohibited acts• Statutory Exceptions:

– Fair Dealing/Education

• UCC - ICLA licence agreement

• Extended rights in educational context

• Moral rights• Employers – UCC IPR Policy• Remedies for breach

Apr 13, 2023 UCC Teaching and Learning 2012 3

What is Copyright?

• Copyright - property right• Subsists in an original work• Use/authorise others to use• Prevent others from using• Subsists automatically – no

need to declare or register• Life of author plus 70 years

Apr 13, 2023 UCC Teaching and Learning 2012 4

What work is protected by ©?• Copyright and Related

Rights Act 2000• Section 17

– Original literary, dramatic, musical or artistic works,

– Sound recordings, films, broadcasts or cable programmes,

– The typographical arrangement of published editions,

– Original databases

Apr 13, 2023 UCC Teaching and Learning 2012 5

Original expression

• Evidence of author’s skill and labour

• Detail of expression• Relatively low threshold• No protection of ideas or principles• Protection lies in respect of the

expression of the idea

Apr 13, 2023 UCC Teaching and Learning 2012 6

Positive Rights of © owner

• Exclusive right to use or authorise others to use

• Copy the work• Make work available to public• Distribute the work• Make an adaptation of the work

Apr 13, 2023 UCC Teaching and Learning 2012 7

Prohibited Acts

• Without the permission of the copyright owner, others are prohibited from the following acts:– Reproducing the work– Publishing the work– Performing the work in public– Broadcasting the work– Making an adaptation of the work

Apr 13, 2023 UCC Teaching and Learning 2012 8

Exceptions to © protection• Statutory provisions

– Fair dealing– Education– Private research– Criticism or Review– Incidental inclusion

• Licences

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Fair Dealing

• Governed by statute and common law• Chapter 6 2000 Act - sections 49-52

– Private research or study– Criticism or review– Incidental inclusion

• Fair dealing means the use of the work in circumstances where it has already been lawfully made available to the public, for a purpose and to an extent which will not unreasonably prejudice the interests of the owner of the copyright.

Apr 13, 2023 UCC Teaching and Learning 2012 10

Education exception….

• Sections 53-58 of 2000 Act• Copying for instruction or

preparation for instruction– only one copy made– sufficient acknowledgement

• Not by reprographic means• By or on behalf of instructor• One single copy• Sufficient acknowledgement

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Education exception

• Copying permitted for the purpose of setting examination

• Includes sound recording, film, broadcast, cable programme or original database

• But infringement if sold, rented, lent, offered or exposed for sale

• Statutory limitations serve to highlight the importance of licenses

Apr 13, 2023 UCC Teaching and Learning 2012 12

UCC – ICLA Licence

• Over-rides statutory limitations• Use is limited to the terms of licence• Applies to staff and students of UCC• Limited by scope of ‘licensed materials’• Must be a copy of the original work• Inclusive approach to Irish materials• Also includes EU and US publishers• Extended to digital copying 1/1/2006

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Extent of licence• To make/permit copies as required

by the employees and/or students• To make copies available to

students/staff• Must make copy of original• Permits compilation and

distribution of course packs• UCC can charge for expense

incurred• Must include name of author and

publisher on front page of each copy

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Limitations

• Not exceed 5%/one chapter of a published work, save:

• A whole article may be copied, but not more than one article in any one issue of a publication

• A short story/poem of not more than 10 pages in length

• Provided not in connection with any commercial activity other than educational purposes

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Digital and Intranet extension• Supplements original licence• Operative since 1 Jan 2006• Permits scanning, posting on

blackboard and printing of material• Limited to ‘licensed works’• Cannot email the protected works• Expressly excludes posting

material on worldwide web• Cannot reproduce on to CD, DVD,

floppy disk etc

Apr 13, 2023 UCC Teaching and Learning 2012 16

Moral Rights• Chapter 7 – 2000 Act• Retention of integral rights• Expressly includes:

– Paternity right– Integrity right– False attribution– Prevent mutilation

• Power to waive moral rights• Question of ownership in UCC

context

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Rights of the Employer

• Section 23 2000 Act– Where work is made by an employee

in the course of employment, the employer is the first owner of copyright in that work, subject to contrary agreement between parties.

• Importance of employer/employee clarity

• UCC IPR Policy

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UCC IP Rights Policy

• Statutory entitlement to own the copyright

• Policy – doesn’t assert these rights

• No express provision in contracts of employment

• Issues for inventions• Who issues proceedings?

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Remedies for breach

• Criminal and civil remedies• Whose rights are breached?• EU Enforcement Directive• Civil proceedings

– Damages– Injunction– Cease and desist– Account for profits and gain