Copyright arises automatically once the original work is recorded in writing or some other form, it is not necessary to use the © symbol for this right to arise though individuals may choose to use it if they are the original creator of the work. Copyright law applies to all published material so it is vital to understand the basics of copyright law when you are working in an educational setting.
Who owns copyright?
Usually copyright is owned by the creator or of the work but it can be be sold or transferred to another person or company by the copyright owner. Copyright owners have both economic and moral rights over their content. This means that they can control how much of their work can be copied, loaned, rented, performed or adapted. You can find out more about these rights here on the UK Government Website. Copyright can also be licenced.
Licences usually grant permission to use copyrighted materials (subject to predetermined conditions around format, extents, the purpose or intended use and time the material is accessed for). The licence enables the licensee to perform some act in respect of copyright that would otherwise be an infringement of the owners copyright. Licences can be exclusive (where the licence owner agrees not to license the same rights to anyone else) or non-exclusive (where the copyright owner can grant the same rights to others). You can read more about the licences held by the University of Sunderland in the Copyright in Education section of this guide.
How long does copyright last?
Generally speaking, the length of copyright protection for written, dramatic, musical and artistic work is 70 years after the author's death. For sound and musical recordings copyright protection is for 70 years from the first publication. You can find detailed information about the duration of copyright for various works and performances on the website of the Intellectual Property Office.
Copying somebody else's intellectual property is prohibited unless first authorised by law, permission or licence. Without such authorisation copying is illegal and might even constitute a criminal offence.
Acts restricted by copyright
Copyright entitles the owner to prevent others from:
Copying does not just refer to photocopying. It also includes:
Exceptions to Copyright
There are some specific situations where you may be permitted to use copyrighted work without seeking permission from the owner. These can be found in the copyright sections of the Copyright Act.
You can copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (as you would for a college or university course). Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing.
The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.
If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgement.
Text and data mining is the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information. Text and data mining usually requires copying of the work to be analysed.
An exception to copyright exists which allows researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, they have ‘lawful access’ to the work). This exception only permits the making of copies for the purpose of text and data mining for non-commercial research. Researchers will still have to buy subscriptions to access material; this could be from many sources including academic publishers.
Publishers and content providers will be able to apply reasonable measures to maintain their network security or stability but these measures should not prevent or unreasonably restrict researcher’s ability to text and data mine. Contract terms that stop researchers making copies to carry out text and data mining will be unenforceable.
Fair dealing for criticism, review or quotation is allowed for any type of copyright work. Fair dealing with a work for the purpose of reporting current events is allowed for any type of copyright work other than a photograph. In each of these cases, a sufficient acknowledgement will be required.
As stated, a photograph cannot be reproduced for the purpose of reporting current events. The intention of the law is to prevent newspapers or magazines reproducing photographs for reporting current events which have appeared in competitor’s publications.
Several exceptions allow copyright works to be used for educational purposes, such as:
There are 2 exceptions to copyright for the benefit of disabled people. These exceptions cover you if you have a physical or mental impairment which prevents you from accessing copyright protected materials.
One exception allows you, or someone acting on your behalf, to make a copy of a lawfully obtained copyright work if you make it in a format that helps you access the material. For example, if you buy a book from a shop then make a Braille copy to help with a visual impairment then you are not infringing the copyright in the book.
The second exception permits educational establishments and charity organisations to make, communicate, make available, distribute and lend accessible format-copies of protected works on behalf of disabled people. The exception permits acts such as:
Certain legal requirements must be met in order for the disability exceptions to be relied upon when making or dealing with an accessible copy. These requirements include:
Time-shifting
A recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time.
The making of a recording of a broadcast for purposes other than to time-shift a programme for you or your family is likely to be illegal.
It is important to be aware that media, such as DVDs and e-books, are often protected by Technological Protection Measures (TPMs) (also known as copy protection measures or DRM) which prevent unauthorised access or copying.
TPMs can play an important role in enabling copyright owners to offer content to consumers in different ways, as well as preventing piracy. EU and UK law protects the right of copyright owners to use TPMs to protect their works, and circumvention of such technology is illegal.
There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche.
For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.
It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing.
In relation to certain exceptions, if you are making use of that exception to copy someone else’s work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a substantial part of a work for the purposes of criticism or review, or where the use was for the purposes of news reporting.
However such acknowledgement is not required where it is impossible for reasons of practicality.
Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting.
‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?
Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:
The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.
Further guidance on exceptions including Changes to copyright law, made in 2014.
Read the full guidance on Fair Dealing from https://www.gov.uk/guidance/exceptions-to-copyright#fair-dealing for more information.
This guide contains information from https://www.gov.uk/guidance/exceptions-to-copyright and contains public sector information licensed under the Open Government Licence v3.0.