University of York Publishing Forum 3-11-14: Research Publishing and Copyright Management
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an overview of amendments to UK copyright law which impact on HE researchers and their publications
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University of York Publishing Forum 3-11-14: Research Publishing and Copyright Management
- 1. Research Publishing and Copyright Management Kirstyn Radford, Research Support Librarian and Copyright Advisor. 3-11-2014
- 2. Hargreaves Report 2011: Principal recommendations with regard to copyright law: • Remove any regulations which don’t impact on rights-holders’ opportunity to make money from their work • Don’t let publishers/distributors stifle creative applications of IP with restrictive licences • Utilize technological developments to produce world-leading research • Free up potential to re-use ‘orphan works’ • Harmonise legislation across the EU
- 3. Amendments to Copyright Designs and Patents Act 2014 x2 • Personal Copies for Private Use (S.28B) • Research and Private Study (S.29) • Text and Data Mining (S.29A) • Quotation and Parody (S.30) • Accessible copies (S.31) • Illustration for Instruction (S.32) • Recording broadcasts (S.35) • Copying by educational establishments (S.36) • Library and archival preservation (S.42) And more…
- 6. Copying for your own research • S.29 “Research and Private Study” applies to everyone • Non-commercial • Fair dealing • Any format any format • Cannot be overridden by contract • Also S.28B “Personal Copies for Private Use”: the iTunes exception…
- 7. Library support for researchers • S.40B Dedicated terminal: rare/fragile works can be digitized for private study on a single non-networked machine • S.42 Preservation: any format, no contractual override • S.43 Unpublished work: any format, single copy for research/private study • S.29A Text and Data Mining: researchers can copy text in bulk to analyse relationships between terms etc.
- 8. Copying third-party material at universities • S.36 Copying and use of extracts of works by educational establishments – For instruction only – Any format any format – Outside the premises only on a secure network ie. VLE – Max. 5% per institution – Doesn’t apply when a licence is available: • CLA HE Licence • NLA Educational Establishment Licence • ERA Combined Licence • FilmBank PVSL • PRS?
- 9. Scenario #1: the Cultural Theorist “I am involved in a research project evaluating the cultural impact of Scandinavian crime thrillers. Our team blog is illustrated with film and broadcast stills, and we run monthly events and online discussion fora showing and reviewing films and TV programmes”
- 10. Copying third-party material for publication • S.32 “Illustration for Instruction” can be used by a teacher or a student to copy an extract (any format, fair dealing, non-commercial, with acknowledgement) • S.30 “Quotation” can be applied for any purpose, properly acknowledged • Also includes a new Parody exception • Neither covers “making my publication look nice”. Continue to use Creative Commons images: http://search.creativecommons.org/
- 11. The Cultural Theorist OK: • Stills probably covered under the “Quotation” exception • Copy/show <5% of a DVD/broadcast recording (S.32) • Play entire DVD/recording in a lecture theatre (S.34, ERA) • Links to YouTube Not OK: • Film posters/DVD covers to publicise events • Whole DVD mp4 • Downloading YouTube clips • Showing films to general public without PVSL • Charging for tickets • Recording events
- 12. Copying third-party material by agreement • Duration of copyright? http://en.wikipedia.org/wiki/List_of_countries'_copyright_lengths • Unpublished work? • Free-to-access? • CC licence? • Terms and conditions? • Describe the nature of your intended re-use • Keep a copy of the agreement
- 13. Copying third-party material in a commercial context http://www.pls.org.uk/services/plsclear-straightforward-permissions/
- 14. Orphan works https://www.gov.uk/government/news/uk-opens-access-to- 91-million-orphan-works
- 15. Scenario #2: the Education professor “I am editing a book about comparative English language curricula. Potential content includes a case study from Japan carried out by a former PhD student, based on an educational philosophy from the 1920s, which is free-to-view on his university website. I also want to reproduce government guidelines and official statistics”.
- 16. The Education professor OK: • Permission from your former student – if his employer has not asserted copyright • Historical material which is out of copyright • Check Crown Copyright duration Not OK: • Unattributed sources • Uncredited data tables/charts
- 17. Licensing your own work Dealing with a publisher? • Open Access: http://www.york.ac.uk/library/info-for/ researchers/open-access/ • SPARC Author Addendum: http://www.sparc.arl.org/resources/authors /addendum Distributing independently? • Creative Commons: https://creativecommons.org/licenses/
- 18. Scenario #3: the PhD student “For my thesis on the city of York’s retail landscape, I want to include my own photos of shopfronts, screenshots of independent businesses’ Facebook profiles, and some text from a tourist information leaflet. I’ve had an invitation to contribute a chapter to a book once my thesis has been accepted”
- 19. The PhD student: OK: • Assert the rights to your own photos • Contact Facebook profile owner to agree terms • Quote (S.30) from tourist information leaflet • “Illustration for instruction” (S.32) covers examined work Not OK: • Photos of individuals • No response from Facebook profile owner • Publish e-thesis without further permission • Relinquish your rights to photos?
- 20. There are lots of grey areas! I am not a lawyer… http://www.jisclegal.ac.uk/LegalAreas/CopyrightIPR.aspx https://www.gov.uk/government/news/changes-to-copyright-law
Notas do Editor
- Ideal scenario for many academics: share your research with other interested parties in any appropriate format, whilst protecting your rights to the credit and the potential economic applications!
- Commissioned by Department of Business, Information and Skills Remit = Intellectual Property generally, not just copyright. Aim to drive economic growth. Not directly concerned with making academics’ or students’ lives easier, but in practice these principles can be applied to an educational context.
- Just a selection of the ones which relate to HE! All could have potential impact on academic practice. Needless to say, it will take time before librarians and publishers fully understand the implications of the new legislation. Some cases might have to reach court in order for the ambiguities to be thrashed out.
- Even the official gov.uk website isn’t up to date yet…
- …which makes me feel a lot better about the University one!
- The bits in red are brand new Not limited to students/university employees For now, most university activities still count as ‘non-commercial’… Fair dealing = no economic disadvantage to rights-holder E-resource publishers cannot apply technical protection to prevent this. Dawsonera may have to think again! If you have legally acquired a copyright work, you can copy the entire thing into another format for your own private use (but not friends/family)
- Any library, not just HEIs Still unclear how S.40B is going to work in practice – a lot of hardware to support a resource which may not be used very often. Or an alternative access point for material in high demand? S.42 pre-empts technical obsolescence S.43 widened from literary/music/dramatic: now includes photos and artworks S.29A: big scientific publishers like Elsevier are very keen to pre-empt this by developing apis.
- All of the licenses cover distribution of copies only to staff and students of the University. CLA Licence covers only activities relating to a “course of study”; ERA Licence = “educational purposes” NLA Licence bought primarily for Press Office Student Cinema is doing FilmBank properly; others may not be… No centralization of PRS/PPL Licenses as yet: many Colleges and Sports Centre etc quite possibly unlicensed to play music in public spaces
- What are the copyright issues? Can you suggest any additional activities which are uncontentious as far as copyright is concerned?
- S.32 supersedes the former “Examinations Exception”: covers theses/dissertations – until they are made available to a wider audience? (eg WREO, TFTV productions) “Instruction” might cover a departmental newsletter, but probably not a scholarly journal or outreach magazine But… unlike S.36, not restricted to a secure network – ok for public lectures, youtube etc S.30 formerly “Criticism and Review” i.e. did not extend as far as a decorative/stylistic quote. “…no more than is required by the specific purpose for which it is used” has potential for wide application “Parody” also extends to caricature and pastiche, e.g. re-writing a famous scholarly work for comic effect. But where do the courts draw the line between parody and rip-off?
- If you can’t utilize one of the exceptions to the CDPA to cover your action, you may need to contact the rights holder to agree terms: No global standard for copyright duration, but Berne Convention treats works created overseas as entitled to the same protection as domestic material. “Rule of shorter term” applies, e.g. Spain is only EU country in which duration=life +80yrs, so copyright on Spanish work expires after 70yrs in UK. Unpublished work: sometimes the author’s employer may assert rights, including University of York re e-learning materials, lab notebooks, programming code etc (but not books, journal articles or lecture notes) Web material: start by contacting the host of the website, or look for their T&C Films and broadcasts: rights-holder is usually the distributor or tv company. Creators of material available on YouTube have forfeited their rights to royalties Describe the purpose of your publication, intended distribution etc – it’s not in the rights-holder’s interest to set an exorbitant fee if your operation is clearly not going to make money Keep a copy of the agreement for the duration of the licence plus 7yrs (Statute of Limitations) If you’re not confident that you have all the necessary permissions for re-use, invite rights-holders to contact you
- PLS Clear is a new service which aims to help editors identify rights-holders (most likely to be the publisher) and negotiate a fee If you sign up for a trial, please let me know the outcome
- Orphan works = likely to be still in copyright, but rights-holder can’t be traced e.g. many photos, artworks and letters New licensing scheme for orphan works launched 29-10-14 by IPO: essentially, insurance against future claims ‘Diligent search’ for rights-holder still required Or advertise a take-down policy?
- What are the copyright issues? Can you suggest any additional activities which are uncontentious as far as copyright is concerned?
- Library can advise on appropriate repositories, sources of funding to cover costs etc Authors can secure their rights by modifying the standard publisher agreement If you are putting your work into the public domain independently, you can assert your own rights
- What are the copyright issues? Can you suggest any additional activities which are uncontentious as far as copyright is concerned?