Research Publishing and Copyright Management

Kirstyn Radford, Research Support Librarian and Copyright Advisor. 3-11-2014

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

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…

http://www.legislation.gov.uk/ukpga/1988/48/contents

http://www.york.ac.uk/records-management/copyright/

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…

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• S.43 Unpublished work: any format, single copy for research/private study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.

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?

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”

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/

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

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

Copying third-party material in a commercial context

http://www.pls.org.uk/services/plsclear-straightforward-permissions/

Orphan workshttps://www.gov.uk/government/news/uk-opens-access-to-91-million-orphan-works

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”.

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

Licensing your own workDealing 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/

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”

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?

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

Watch this space…