Week 4: copyright Flashcards
Definition of copyright?
The Copyright, Designs and Patents Act 1988 states that.
Unauthorised copying of all or any ‘substantial part’ of any work of the following (in the next slide) is a criminal offence and will be dealt via a civil action unless there is a defence or exception
What can be protected?
Original literary, dramatic, musical or artistic work (including text either handwritten, printed, scientific articles, poems, lyrics, books, plays, scripts, shorthand or longhand records of speeches and interviews. Sculptures Sketches Musical manuscripts Photographs Design documents Templates Graphic works Maps Plans Computer programs PaintingsSound recordings Films Broadcasts (incl. journalistic pieces) CDs of music Home movies TV and radio output Types of internet transmissions Typographical arrangements
Who owns the material?
The ‘first owner’ of copyright material is the author as creator.
A journalist can be classed as the ‘first owner’ by writing an article.
A photographer can be classed as the ‘first owner’ by taking and posting a picture
A journalist’s employer will own the material if the work is carried out for the publication/broadcaster during the working time and published/broadcast with the news outlet (usually in the journalist’s contract)
Freelancer – they are usually the ‘first owners’ if they are the author or creator of the piece.
Copying news
Facts, news and information is not protected.
However the creation of a photograph or a sentence commenting on the news or piecing together a story or some footage accompanying the facts, news and information is protected.
That’s why we’ll see news outlets using stories from other outlets
Hyperlinks to other sites
Copyright is not infringed by hyperlinking to direct a reader to another publisher’s material if this is freely available online
it is also not infringed by ‘framing’/’embedding’ another publisher’s material if this is freely available online.
Readers’ letters
If a letter is submitted to your paper you can publish it because the writer has allowed you to do this – this was the intent of the letter.
However, if you wanted to publish a book of the letters received that year, you would need to contact each writer to seek their permission as this was not what the letter was intended for.
What is the best way to get a photo?
Subscribe to a photograph agency
Use a royalties free photograph website such as Pixabay
‘Advanced Search’ on a Google site/search engine and look for images which can be used commercially and can be manipulated
Creative Commons labelled as seen in Wikimedia and Flickr (adhere to the conditions)
Ask permission from the owner or make a payment
Rules pre and post August 1989
Copyright is owned by the commissioner for photos taken before 1st August 1989 even if the photographer has the negatives or digital copies.
after august 1989 it is the photographer who is the owner
If the photos were not commissioned, then the creator/photographer owns them.
so technically, the first owner could be the photographer or X person who commissioned the photographer for his work
Section 85 of the 1988 Act
No copies of a photograph or a film commissioned for private or domestic use shall be issued to the public without the commissioner’s permission.
fair dealing does not cover it
How long does copyright last for?
Literary, musical, dramatical, photograph, journalistic article – the creator’s lifetime then another 70 years after the year of the creator’s death.
Copyright in broadcasts lasts 50 years
from the end of the year it was broadcast in.
Sound recording published lasts 70 years to the
end of the year it was originally published.
Defences
Fair dealing (Section 30 1988 act)
Reports of judicial/parliamentary proceedings
Speeches
Public reading
Artistic works defences
Computer defences
what does Fair Dealing cover?
Can be used for the…
Purpose of reporting current events
Purpose of criticism or review
Purpose of use of quotation
Purpose of caricature, parody or pastiche
Purpose of reporting current events
Fair dealing allows this even if there is no consent from the owner of the copyright owners as long as there is…
…sufficient acknowledgment such as citing the owner’s name and title of the work
Excessive amounts of the work are not used
the work was available to the public and not stolen or leaked
Photographs are usually exempt from the fair dealing rule otherwise freelancer photographers would never make a living.
However, if the original owner of the photo gives permission and does not charge you, then you are able to use it.
Purpose of criticism or review
Again, section 30 allows this as long as the material had been ‘made available to the public’ with the copyright owner’s permission
Leaked or stolen material will not be protected
Again, sufficient acknowledgement of the creator/owner’s work should be given.
Purpose of the quotation
The work quoted has been made available to the public (not stolen or leaked)
The amount used is no more than required
The source of the quote is given sufficient acknowledgement unless it was practically impossible
Adverts can use this defence when they use a quote from a reviewer.
Journalists can use this part of the fair dealing defence when the previous two cannot be used.
Purpose of caricature, parody or pastiche
It should not be taken advantage of to exploit commercial opportunities.
Time-shifting
A recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time.
The making of a recording of a broadcast for purposes other than to time-shift a programme for you or your family is likely to be illegal.
Helping disabled people
There are 2 exceptions to copyright for the benefit of disabled people.
These exceptions cover you if you have a physical or mental impairment which prevents you from accessing copyright protected materials.
One exception allows you, or someone acting on your behalf, to make a copy of a lawfully obtained copyright work if you make it in a format that helps you access the material. For example, if you buy a book from a shop then make a Braille copy to help with a visual impairment then you are not infringing the copyright in the book.
The second exception permits educational establishments and charity organisations to make accessible format-copies of protected works on behalf of disabled people. The exception permits acts such as:
making braille, audio or large-print copies of books, newspapers or magazines for visually-impaired people
adding audio-description to films or broadcasts for visually-impaired people
making sub-titled films or broadcasts for deaf or hard of hearing people
making accessible copies of books, newspapers or magazines for dyslexic people
Incidental inclusions
A work that is accidentally included in an artistic work, sound recording film, broadcast or cable programme etc…
this is an exception to copyright and isn’t a breech
however what is ‘incidental’ is open to argument and if a work has been purposefully worked into the broadcast/recording etc then it will be difficult to argue it was just incidental inclusion
Educational/public administration uses
Educational establishments, courts, local councils and parliaments may need to make copies as part of their business
No royalties are available for this
For educational use, material will usually have a disclaimer allowing copying in schools etc.
copyright and related regulations 2003: educational purposes
Copyright works may be copied for educational purposes provided that:
It is done by a person giving or receiving instruction
It is not photocopied
There is sufficient acknowledgement of the copyright work and its author
There is no commercial element to the copying
It is not a breach of copyright for someone within an educational establishment to record a public broadcast and communicate it to the public as long as the copy can not be received by anyone outside of the establishment
Libraries and archives
Libraries and archives which provide copying facilities are not liable for breach of copyright for any infringements carried out on their premises as long as a notice is displayed which explains that any copying is subject to copyright law
Copyright and Related Regulations 2003: Libraries and Archives
Librarians may provide copies of copyright works to those who can prove that they require the material for
Non-commercial research
Private study
