A Guide to Copyright

What is copyright?

Copyright is a property right over work produced by an author or creator. In some circumstances copyright is held by another individual or body, an author’s next of kin, for instance, or a publishing company. Importantly this right covers the reproduction of the work even in an altered state or using another media. The legal rights over material can be both economic (concerned with the financial interests of the copyright holder) and moral (relating to the reputation of the author or creator).

What materials are covered by copyright?

Copyright applies to works produced in paper form and to sound and visual recordings held on tape, disc, or other format including the internet. These may be literary, dramatic or musical works, illustrations, photographs, recordings, broadcasts, designs and other artistic works, computer programmes, data sets, and even specific typographical arrangements. Copyright protection is automatic and copying anything without permission breaches the owner’s copyright and is illegal. An author’s copyright lasts for 70 years after the author’s death, but this is not always a good basis on which to copy a particular work as copyright may have been passed on to another party.

What can I copy?

Under the 1988 Copyright, Designs and Patents Act, ‘fair dealing’ allows the limited copying of copyright material for research and private study.

There is no precise definition of what is fair, but it depends on: (i) the proportion of the original that is copied, and (ii) whether the copying competes with a use the owner might make. Short extracts of a work may also be copied for the purposes of criticism or review provided the original is sufficiently acknowledged. Fair dealing with a work other than a photograph is allowed for the purpose of reporting current events, also if sufficiently acknowledged, but this does not include a newsworthy matter of history.

Otherwise, the type of fair dealing relevant to the University concerns SINGLE COPIES FOR PRIVATE STUDY OR RESEARCH. As a result of recent legislation this research or private study MUST BE NON-COMMERCIAL IN NATURE. For most published works long-established practice suggests that for these purposes you may copy 5% of a work or:

One complete chapter of a book;
One article per issue of a journal or set of conference proceedings;
Up to 10% (maximum of 20 pages) per short book (without chapters), report, pamphlet or Standard Specification;
One poem or short story (maximum of 10 pages) from an anthology;
One separate illustration or map up to A4 size (but illustrations which are an integral part of articles/chapters may be included in categories 1 and 2 above);
Short excerpts only from musical works (not whole works or movements) and no copying for performance purposes.

Fair dealing does NOT apply to repeat copying from the same work which exceeds these limits, or to copying for someone else if it is likely to result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. However, the University holds a licence from the Copyright Licensing Agency (CLA) which permits multiple photocopying under particular conditions. General CLA Licence notices are also located on or near each photocopier.

This is only intended as a brief summary, and much may depend on specific circumstances. If in doubt, please consult Learning Resources Centre staff. If you break this law, YOU could be sued for damages. You would also be in breach of the University's regulations and subject to disciplinary action.

Ordnance Survey

Reproduction of Ordnance Survey mapping for educational purposes

1. Introduction

1.1 All educational establishments should be aware of the existence of Crown copyright in Ordnance Survey and Ordnance-Survey-based mapping.

1.2 Universities, independent schools, voluntary schools and educational establishments not funded by their local authorities must obtain a licence before any copying takes place.

1.3 Copies can be made for teaching purposes only, either as teaching aids for lecturers, projects or exams set for students.

1.4 Ordnance Survey-based mapping, for example commercial publications A-Z®, Goad Plans, Estate Publications, George Philips and G.I. Barnetts are also subject to Crown copyright. You must obtain prior permission from the other publisher in order to reproduce this mapping.

2. Rules and terms of the licence

2.1 The licence covers:

making copies of material for teaching and/or educational purposes only;

10 x 200 cm² bitmap images for school or college website; and

using digital map data for teaching and/or educational purposes only.

2.2 The licence does not cover:

copies made for any purpose other than teaching, for example, mapping in a school brochure or prospectus;

any work intended for sale or distribution to the public or any outside organisation;

the transfer of material onto computer media for other purposes; or

digitising or scanning of mapping.

2.3 The activities at 2.2 are covered by separate rules and terms, please contact the Ordnance Survey Copyright Licensing for more information.