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Copyright – staying legal

IFEG/MI/AEBIG meeting

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Disclaimer

• Paul Pedley is not a lawyer and is not able to give legal advice.

• This session is intended to raise awareness of the issues. No legal advice will be given and if appropriate you should consult a lawyer

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Copyright compliance

• Legal requirement

• But also a need to comply with professional code of ethics

• CILIP - ethical principles

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Is the copying authorized by:

• statute• permission• contract• licence

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What is the purpose of the copying• for private study• for research for a non-commercial

purpose• to criticize another’s work• to review another’s work• for instruction• for examination• for parliamentary or judicial proceedings• for those with a visual impairment

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• STEP 1 – Identify and trace the rights holder

• STEP 2 – Seek their explicit permission

• STEP 3 – Get their authorization

• STEP 4 – Contract setting out specific conditions of use

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Tracing copyright holders• The publisher• The principal author• Biographers of the author• Directories and authors/publishers

societies• WATCH• Advert in relevant journal• Still no luck?• Are you willing to take the risk?

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What is infringement• Unauthorised reproduction of a work still

in copyright• Copyright is not infringed unless the

whole or a substantial part of a work is copied (CDPA 1988 s16(3)(a))

• Can be by exact photographic reproduction, but also copying a text by hand or inputting it into a word processor

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Primary Infringement

If any of the copyright owners economic rights are used without permission, this is primary infringement

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Secondary infringementThere are also some acts which could be said

to be “secondary infringements” (ss22-26)• Importing an infringing copy• Possessing or dealing with an infringing

copy• Providing the means for making infringing

copies• Permitting the use of premises for infringing

performance• Providing apparatus for infringing

performance

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What are the consequences• Civil action through the courts• In certain cases now, criminal action with the

possibility of prison terms (fine or imprisonment up to 10 years s107)

• Bad publicity, harm to reputation if any legal action is successful

• Damages (s96)• Injunction (s96)• Financial: damages or account of profits (s98) • Surrender of infringing copies (s100)• Undertaking to take licence of right in

infringement proceedings (s98)

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Minimising risk and risk management

• Does your organisation make copies of material

• What material is copied• Does the copying fall within one of the

exceptions (library copying, fair dealing etc) • Is the same item copied many times for

substantially the same purpose at substantially the same time by people working or studying together

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Levels of risk

•Low risk activities•Medium risk activities•High risk activities

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Copyright posters• CILIP posters

• Gold poster for display beside photocopying and optical scanning machines

• Blue poster covers downloading from databases and copyright from the internet, for display by computer workstations and printers

• CLA• Copyright notices• Excluded works list

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Keeping within the terms of licence agreements

• Check the terms of licensing scheme - make sure you are familiar with terms and fully understand them

• Be particularly sure you don’t copy more than is stipulated in the contract

• If you believe a proposed licence will not work for you, negotiate with whoever is providing the licence DON’T just ignore the terms once you have signed

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Company documentation

• Responsible use of the intranet

• Staff handbook

• Notice on electronic products forwarded by email