This guide will assist you with the lawful use of copyrighted library resources at the University of Sunderland. The information contained in these pages is for guidance only and does not constitute legal advice. If you require legal copyright advice or advice for non-library resources, we invite you to visit the website of the UK Intellectual Property Office ipo.gov.uk or the JISC Legal website jisclegal.ac.uk.
This guide contains information from the gov.uk website on exceptions to copyright and contains public sector information licensed under the Open Government Licence v3.0.
Copyright is one of a number of UK Intellectual Property Laws. It is an automatic protection that is given to original works as soon as they are written. Copyright protects the creator’s intellectual property and gives the creator ownership over their creative works and some control over how their works can be used and reproduced. To qualify for copyright, the work must be regarded as original and exhibit a degree of labour, skill or judgement. The Copyright, Designs & Patents Act 1988 gives legal protection to the creators of the following:
All individuals are personally responsible for ensuring they comply with copyright law when using materials created by others. Failure to comply with proper procedures may be a disciplinary offence within the University and could also result in legal action by copyright/licence holders against the University and/or the individual and/or the withdrawal of licence and consents.
Acts restricted by copyright
Copyright entitles the owner to prevent others from: | Copying does not just refer to photocopying. It also includes: |
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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.
Copyright is usually owned by the creator of the work, but it can be sold or transferred to another person or company by the 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 on the UK Government Website. Copyright can also be licensed.
Licences usually grant permission to use copyrighted materials (subject to predetermined conditions around format, extent, purpose or intended use and the time the material is accessed). The licence enables the licensee to perform some act in respect of copyright that would otherwise be an infringement of the owner's 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.
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 Intellectual Property Office website.
When copyright expires on a book, song or film, the work is said to fall into the public domain. Works in the public domain have no copyright attached; you can re-use that work for free, without the need to ask for permission from anyone. You can just copy it and use it. When trying to work out if a book is in the public domain, you need to know who the author is and when they died. If it was more than 70 years ago, then the book is likely in the public domain, and you can copy from it.
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.
Works in the public domain
When a work's copyright duration has expired, it is said to fall into the public domain. You can refer to the tables on the government website to see whether copyright has expired. If the work is still within copyright protection, you should check the licence terms, which may allow the work to be freely used or within certain uses. Lastly, check whether your intended use is covered by an exception. If none of these apply, then you will require permission or a licence to use the work.
Orphan works
Orphan works are creative works or performances that are subject to copyright, like a diary, photograph, film or piece of music for which one or more of the right holders is either unknown or cannot be found. You can find out more about orphan works and how you may be able to use them on the government website.
There are some specific situations where you may be permitted to use copyrighted work without seeking permission from the owner. These specific situations are known as exceptions, and a list of exceptions to copyright can be found in full in the government guidance from the Intellectual Property Office.
Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to teaching, research and private study, criticism or review and news reporting.
Where cases have gone to court, the issues that have been seen as relevant in determining whether a particular dealing with a work is fair include:
You can copy limited extracts of works when the use is for 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. This can be done in the same way as you would reference any item for your academic work.
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 the work to be analysed.
An exception to copyright exists which allows researchers to make copies of any copyright material for 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 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 researchers’ ability to text and data mine. Contract terms that stop researchers from 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 to report 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 law intends to prevent newspapers or magazines from reproducing photographs for reporting current events which have appeared in competitors’ publications.
For a full list of exceptions, please refer to the government's website.
Several exceptions allow copyright works to be used for educational purposes, such as:
There are two 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 copyrighted work if you make it in a format that helps you access the material. For example, if you buy a book from a shop and 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 for the disability exceptions to be relied upon when making or dealing with an accessible copy. These requirements include:
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.
There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for 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 caricature, parody, or pastiche to the extent that it is fair dealing.
Acknowledging the work of others is common practice in academic writing. It is good practice to provide sufficient acknowledgement and information about any copyrighted resources you use in the form of Title/Author/Source/Link.
You can learn more about referencing and acknowledging sources in the Referencing Guide below.
Further guidance on exceptions, including changes to copyright law made in 2014.
Read the full guidance on fair dealing on the government website for more information.