The following document provides guidance on copyright including electronic copyright. Copyright in the UK is regulated by the Copyright, Designs and Patents Act 1988 and the Copyright related Rights Regulations 2003 (Statutory Instrument 2003/2498). The document does not constitute official legal advice.
Copyright is a means of protecting a person’s intellectual property by ensuring that other people do not copy or adapt the material. Copyright protection comes into being when the material is created. A copyright statement is not required in order for a work to be covered by copyright, so just because there is no copyright statement this does not mean that no copyright is held. All kinds of items and mediums are protected by copyright, even electronic resources including:
In some media such as web pages, films there may be many different copyrights for the text, pictures and sounds.
Copyright is theoretically owned by the creator of the work, be it a literary work, a musical work, a dramatic work and so on. But if the creator is an employee, and the works were created in the course of employment, the copyright will belong with the employer. This is, to a large extent, a matter of contract law and you should read your employment contract. This becomes far more problematic when there is joint ownership of works, which is of course very common with Web sites. Also ownership of copyright can, like any other property, be sold or assigned, and may therefore change hands after its initial creation. Articles already published should be a particular consideration by academics. The copyright of published articles may well be held by the publisher not the author.
Copyright lasts for various lengths of time depending on the work. Generally they are:
Copyright lasts for 70 years after the year of a known author's death. For unknown authors it expires 70 years from the end of the calendar year in which the work was first made available to the public. If a work is produced by two or more authors then the copyright lasts for 70 years after the last of the authors to die.
Photographs are protected for 70 years after the death of the photographer. However if they are subject to Crown copyright then it applies for a maximum of 125 years; if subject to Parliamentary copyright it applies for 50 years from the taking of the photograph.
Copyright lasts for 50 years from the end of the year they were made, released or first broadcast.
Typographic arrangements are protected for 25 years after the end of the year in which the edition was first published.
If in doubt whether the copyright in a work has expired seek advice from the University Copyright Adviser.
The Copyright, Designs and Patents Act 1988 allows individuals to copy a certain amount of copyright materials, under the 'fair dealing' clause, for specific purposes. These are:
In the case of 'research or private study' copying is limited to:
'Private study' is undefined but is intended to exclude copying for group or class study. 'Research' includes that undertaken for educational, commercial, and industrial purposes.
For criticism and review purposes fair dealing allows copying of up to a limit of 400 words in one extract or several extracts of less than 300 words and totaling no more than 800 words.
Providing sufficient acknowledgement of the source is given, anyone may copy from a work (but not photographs) for the purposes of reporting current events. No acknowledgement is required for reporting done by sound recording, film, broadcast or cable programme.
Copying for instructional use is permitted provided it is done by the lecturer or student and not by any reprographic methods (like photocopying), that is copies can be made in longhand for classroom purposes.
Photocopies and digital copies can be prepared for the purpose of an HEI’s commercially funded research – for example a contract or collaborative research project or consultancy. Copies made for this purpose can be supplied to:
Licences are contracts between persons or organisations which give formal permissions or exemptions. They regulate specific aspects of copyright law and are partly administered by agencies set up after 1988 Act.
The main ones are
Glasgow Caledonian University holds those marked with an asterisk. The DACS licence is mainly used by art schools and colleges. Contact AVS for details about the Educational Recording Agency and Open University licences as indicated above.
AND / OR
for distribution or delivery to a group of students enrolled on a course of study.
Terms and conditions
The licence covers all full time and part time members of academic and administrative staff whether on permanent or fixed term contracts. The licence does not extend to ‘walk in’ users or to staff employed by the National Health Service based either at GCU or elsewhere
Irrespective of whether based in the United Kingdom or located abroad, Distance Learners enjoy the same rights as campus based students to receive photocopies and receive, view, download and print Digital Copies. However, the licence only permits copying in the UK, so neither photocopies nor Digital Copies can be made by any Authorised Person outside the UK.
The licence permits HEIs to make and supply accessible versions of printed books, journals and magazines to students and members of staff who are Visually Impaired subject to the HEI owning an original published edition of a title which is not otherwise commercially available in an alternative accessible format. (see further below)
The licence permits photocopying of extracts from most books, journals, periodicals, conference proceedings and law reports published in the United Kingdom, Australia, Canada (including Quebec), Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Jamaica, the Netherlands, New Zealand, Norway, Republic of Ireland, Singapore, South Africa, Spain, Sweden and Switzerland.
The proportion of a book, journal or magazine that can be photocopied or scanned is restricted to whichever is the greater of:
The licence applies a maximum limit to the number of copies that can be made. The number of copies of any one extract of Licensed Material should not exceed the number needed to ensure that each student enrolled on a Course of Study (together with the course tutor) are supplied with one copy.
Please note that there should be no systematic or repeated copying of the same Licensed Material by the same set of students in the context of any one Course of Study.
Printed books, journals and magazines published in the United Kingdom can be scanned, subject to not being listed in either:
In relation to students enrolled on a Course of Study, the proportion of a book, journal or magazine that may be scanned is subject to the same extent limits as applies to the photocopying of extracts, i.e.
The licence permits a Digital Copy to be prepared of a whole page visual image (e.g. a plate) and the disembedding of a part page visual image.
The licence does not incorporate any rights for digital copying. The terms and conditions applying to the use of electronic books and electronic journals are set out either in direct agreements with publishers or with groups of publishers through agreements under the National Electronic Site Licence Initiative (NESLI) – See below
With a view to minimising the staff and equipment costs associated with scanning throughout the Higher Education sector, the licence permits an HEI to supply or receive a digital copy from another CLA licensed Higher or Further Education institution provided that each institution owns an original published edition (or a copyright fee paid equivalent) and has a CLA Licence including scanning rights.
However, the permission to transfer and exchange digital copies between licensed institutions does not extend to allowing any single HEI (or consortium of HEIs) establishing a central repository of digital copies for the purpose of providing a service to either the Higher and / or the Further Education sectors.
To ensure that Digital Copies can only be accessed by those students on a course of study for whom the Digital Copy has been created, HEIs are required to place Digital Copies into course based collections.
This requirement corresponds with standard practice in HEIs for organising courseware into a series of self contained course based “silos” or course repositories where each course designer is responsible for building a collection of learning and teaching materials tailored for a specific course.
HEIs are required to apply strict procedures for Secure Authentication (by some combination of user name, password and / or course enrolment key) to make sure that a digital copy created under licence is limited to the enrolled students.
In this framework, Digital Copies cannot be stored in “open” resources such as an institutional or subject repository, an Electronic Reserve or Digital Library where delivery across course boundaries is enabled.
However, the Course Collection framework does permit:
The permission to create and add Digital Copies to a course collection is restricted to a group of designated individuals nominated by the HEI.
For the purposes of good practice and audit procedures, it is recommended that HEIs keep accurate and up-to-date records of designated persons.
All Digital Copies must contain in a prominent place a Copyright Notice that includes the form of words and the bibliographical / course information set out in the Third Schedule of the Licence.
Digital Copies stored in Course Collections may be downloaded and printed out (once only) by the following Course Users:
However, other Authorised Persons may view Digital Copies – a need to peruse a set of course readings might be relevant, for example, to the process of a student selecting or transferring to another course of study.
Digital Copies can be cited in an online reading list organised by reference to a course of study but should not be indexed or listed in a general library catalogue.
Hyperlinks can be used to enable staff and students to browse a list of entries in an online reading list and link seamlessly from the citation to the Digital Copy.
However, the processes of browsing, hotlinking and viewing a Digital Copy should not facilitate a Digital Copy being downloaded and printed out by anyone other than a Course User.
A one page Quick reference guide to the licence for placing beside photocopiers and scanners can be found at http://www.abdn.ac.uk/library/HE_TrialLicence_QuickReference.pdf
and more comprehensive user guidelines at http://www.cla.co.uk/assets/169/uuk_guild_he_trial_licence_user_guidelines.pdf
Digital Copies cannot, under any circumstances, be made available on the publicly accessible internet. However, remote networked access to Digital Copies stored on Course Collections can be enabled via the internet, provided that the technical means of access is by a process of secure authentication that excludes anyone other than a Course User.
Under the Copyright Act of 1988 educational establishments were given the right to record off-air radio and television programmes for educational purposes, with the proviso that if certified licensing schemes were set up, educational establishments must comply with these.
Glasgow Caledonian University holds licences from the ERA (Educational Recording Agency) and Open University as indicated above. The ERA licence covers programmes broadcast by BBC, ITV and Channel 4 (other than Open University).
The licence allows :
To have programmes recorded, under either licence, contact AVS.
Unlimited copying from the BS website is permitted under the licence, both printing and downloading.
Detailed issues can be found at http://edina.ac.uk/digimap/faq_copyright.shtml in the form of Frequently Asked Questions. The main points are:
The licence is administered by the University Copyright Adviser, to whom further enquiries should be addressed.
Electronic copyright covers issues relating to the use of software, the Internet, CD ROM, online and off-line electronic databases. Copying electronically includes:
Copyright law protects material which is available in electronic format in the same way as printed works. There is nothing in the Copyright Designs and Patents Act to say that fair dealing does not apply to works in digital form. The Joint Information Systems Committee (JISC) and the Publishers Association (PA) have produced 'Guidelines for fair dealing in an electronic environment' which gives clear guidelines - http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html
Also useful is
The following regulations apply to electronic resources:
These have full copyright protection for 70 years if the content and arrangements are considered original. Databases that are not original are protected by Database Right, which lasts for 15 years after the database was made or changed substantially. Downloading from an online database to paper format is permitted only under the relevant terms of the licence from the database owner, as part of the contract. Subscribers to databases should look at the terms of their contracts. Resource Management staff (ext. 1380) may be able to advise you. However a NESLI model site licence exists which covers usage of electronic information services and should be referred to for general guidance. It can be found at http://www.nesli2.ac.uk/NESLi2_Model_Licence_guide_v1.pdf
The principal points are
3.2 Authorised Users and Walk-in Users may:
3.2.1 Search, view, retrieve and display the Licensed Material;
3.2.2 Electronically save parts of the Licensed Material for personal use;
3.2.3 Print off single copies of parts of the Licensed Material;
3.2.4 Distribute single copies of parts of the Licensed Material in print or electronic form to other Authorised Users.
3.3 Only Authorised Users may:
3.3.1 Incorporate parts of the Licensed Material in printed or electronic course or study packs for the use of Authorised Users in the course of instruction. Each such item shall carry appropriate acknowledgement of the source, listing title and author of extract, title and author of work, and publisher. Copies of such items shall be deleted by the Licensee when they are no longer required for such purpose. Course packs in non-electronic non-print perceptible form, such as audio or Braille, may also be offered to Authorised Users who, in the reasonable opinion of the Licensee, are visually impaired.
(This covers the inclusion on Blackboard or in print form of journal articles in journals to which we subscribe electronically. The proviso is that any such inclusions are properly acknowledged and that they are removed when no longer required for courses)
Copyright and Database rights apply. Just because material is widely available, free of charge does not mean that it can be copied - unless it is out of copyright. Always look for copyright information - which is usually on the home page of the site. However, copying is normally only a problem if the copyright owner is deemed to have lost real or potential income, or if the person making the infringement gains income.
Uploading copyright materials onto the Web needs permission from the copyright holder. Placing material obtained from the Internet onto your own web pages carries risks. Even when the site supplying the material declares that copyright will not be asserted and that it can be used freely, the site itself may not be the ultimate copyright holder.
Downloading someone's World Wide Web home page to use as the basis of your own home page is also a copyright infringement. If the original page included a trade mark there may also be a trade mark infringement. It is best to create web pages from scratch.
Making reference to an individual URL or email address does not itself break copyright law. Links to Internet sites should not bypass the home page as this may contain important copyright information.
Copying copyrighted material and sending it by fax is a legal grey area. Faxing involves:
These are both infringements of the Copyright, Designs and Patents Act 1988 [s.17 (2) & (6)]. However, if the material was copied under fair dealing or library privilege provision of the Act it is unlikely that a case would be brought to court. Nevertheless, it is advisable to destroy the copy that was made to use in the fax machine or send it to the requester who can then destroy the faxed copy.
Copyright belongs to the author/sender or his/her employer if the email is sent in the course of work. Email are usually compared to letters for legal purposes.
You need a licence to broadcast or email copyright protected works obtained (either through keying in or scanning) from an online or CD-ROM source. Check the terms of any contract or seek permission.
Allowing several users to access the same database (networking) is usually the subject of separate contractual arrangements.
These are protected as literary works and therefore have full protection under copyright law. The CLA Licence does not give the users any right to store material in an electronic form, to make any electronic copies, or to print out from an electronic copy.
Although no definitive legal position exists with regard to electronic copyright it is generally accepted that information found on the Internet is protected by copyright and therefore should be treated in exactly the same way as you would printed works. Always consult the copyright notice found on most Web sites and unless specifically allowed under this notice multiple copies of works should never be made.
When compiling your own web pages make sure that the materials you use are either your own copyright, or you've obtained permission from the copyright holder to put them there. Remember! You must not scan photographs, diagrams etc. or use audio/video clips without first obtaining permission from the copyright holder as this would make you vulnerable to copyright infringement.
The internet is global, and information placed on web pages could be seen world wide, therefore the scope for misuse in countries where copyright protection is not as good as in the UK is very high. However the same rules apply if your website is simply going to be viewed on the intranet.
Under the terms of the Copyright (Visually Impaired Persons Act) 2002 extensive copying is permitted. Allows making of ‘accessible copies’ of books by or for visually impaired individuals
This provision has now been extended to dyslexics
Under the terms of the Higher Education Trial Licence issued by the Copyright Licensing Agency (CLA) (August 2006- July 2008) the disability exemption provisions have been extended to include dyslexic students. This allows unlimited copying in a ‘suitable alternative accessible format’ provided that the University owns a copy of the item and there is no commercial alternative available. CLA does not specify formats but it is likely that two options will be preferred.
In the case of electronic copying manipulation of the text is permitted but a digitisation for electronic purposes must be recorded as a digital copy under the terms of our Scanning Licence and course and student name must be recorded.
The Crown waives copyright in many types of work, including statutes, statutory instruments, measures of the General Synod, public records, press notices, court forms.
The click-use licence allows free, licensed use of the great majority of other Crown material for which there is no waiver. For material or uses not covered by the click-use licence (such as OS maps, UKHO charts) it is still possible to get a tailored licence. Details of click-use and its coverage are at:
In respect of paper publications the following copying is permitted from sessional and Parliamentary papers, Acts of Parliament, lesser legislation and press releases:
For all other government publications normal fair dealing limits apply.
The legal basis is sections 32 (2) and (3) of the Copyright, Designs and Patents Act 1988. Section 32.(1) states that copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
(a) is done by a person giving or receiving instruction, and
(b) is not by means of a reprographic process.
2) Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction.
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.
On the basis of the Act the MCPS provides the following conditions in the enclosed URL
This section has been approved by the legal department of the Mechanical-Copyright Protection Society (MCPS)
This is a new area and little discussed. Glasgow Caledonian University current policy with work based learning students is to hold one copy only of all parts of each student’s portfolio for the external examiner and QA purposes. The components of the portfolio may belong to several copyright owners. No part of the submission is lodged permanently in any University department. Relevant lecturers are advised to obtain signed statements from both students and employers as evidence that both students and employers understand that copyright material is being copied but that the essential test is being observed i.e. no harm is being done to the rights of copyright owners.
A comprehensive listing of UK University intellectual property and copyright websites may be found at http://www.lboro.ac.uk/library/crightpages.html
JISC (Joint Information Services Committee) is a valuable source of copyright advice. Useful URLs include Intellectual Property Rights: Overview of Intellectual Property by the JISC Legal Information Service
and Intellectual Property Rights (IPR) in Networked E-Learning
A list of useful links can be found at http://www.jisclegal.ac.uk/ipr/IntellectualPropertyLinks.htm
IPO (The Intellectual property Office) is a source of information about copyright, designs, patents and trade marks.
Further information is also available at http://www.worc.ac.uk/ils/524.htm
Contact your librarian
Ratified by Learning Services Group 7/10/05 and revised January 08.