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University Library Services

Copyright for Library resources

A guide for academic staff

Introduction

Welcome to our copyright guide.  This guide is intended for academic staff at the University of Sunderland but may be of value to other University colleagues interested in developing their copyright knowledge and understanding.  Our aim is to provide information to assist you with the lawful use of copyrighted library resources at the University of Sunderland.

The guide covers a basic explanation of copyright law, what it is, who it applies to and how long it lasts.  It then gives an overview of how copyright licences work in an educational setting and provides details of the licences we hold here at the University of Sunderland and what those licences allow us do in terms of reusing copyrighted materials.

Copyright is a complex subject and this information is intended to be used as guidance for library resources only. We can not offer legal advice.  If you require copyright advice for non-library resources we invite you to visit the website of the UK Intellectual Property Office website (www.ipo.gov.uk) or the JISC Legal website (www.jisclegal.ac.uk).   

What is copyright?

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 provides protection of the creator’s intellectual property and gives the creator ownership over their creative works and some control over the ways in which 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:
  • original literary works
  • computer programs & databases
  • dramatic works
  • musical works
  • artistic works (including photographs and other images)
  • sound recordings
  • films (whether on video, DVD, on-demand or other medium), broadcasts and cable programmes (including satellite or live web transmissions)
  • typographical arrangement of published editions.

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. 

Acts restricted by copyright

Copyright entitles the owner to prevent others from:

  • copying the work
  • issuing copies of the work to the public
  • performing, showing or playing the work to the public
  • broadcasting or including the work in a cable programme
  • making an adaptation of the work.

Copying does not just refer to photocopying.  It also includes:

  • scanning
  • downloading
  • retyping
  • handwriting
  • faxing
  • taping/recording
  • reproducing images
  • emailing, etc.    

Acts that don't infringe copyright

Under the term of 'Fair Dealing' limited copies of parts of a work can be made without infringing copyright.  These include but are not limited to:

  • Copying (limited amounts) for private study/research
  • Performance copies or lending for educational purposes
  • Criticism and news reporting
  • Copies made by librarians
  • Caricature, parody or pastiche

Further information about exceptions to copyright can be found on Gov.uk

Who owns copyright

Usually copyright is owned by the creator or of the work.  Copyright can 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 Licences 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 is prohibited unless first authorised by law, permission or licence. Without such authorisation copying is illegal and might even constitute a criminal offence.  You can find out more about the licences the University holds in the next section of this guide.

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 licences and consents.

Copyright and your teaching

Copyright in Education

In educational settings, it is often necessary to use copyrighted materials for the purpose of teaching and learning.  For instance, photocopying or digitizing extracts from a book for class reading lists/handouts or recording television programmes to show to a class. In order to do this legally, educational establishments must hold educational copying licences. For example, if a university tutor  wants to record television broadcasts and play them to the class, the university needs a licence from the Educational Recording Agency.  If the item being copied is an extract from a book or a journal then a licence from the Copyright Licensing Agency will be needed.

Licences

Many groups of copyright owners can be represented by a collecting society such as The Copyright Licensing Agency for example.  The society then negotiates and agree licences with users on behalf of owners and collects any royalties the owners are owed.  Several blanket licences have been negotiated for the UK Education sector.  Blanket licences for education include the Copyright Licensing Agency Higher Education Licence, this licence covers photocopying and scanning print and digital resources for use in education. The University of Sunderland currently holds the following educational licences that enable us to legally copy and share our library resources with our students for the purpose of teaching and learning:   

Licenses held by The University of Sunderland
Licence What it covers Further information Link to Licence Documents
The Copyright Licensing Agency Higher Education (CLAHE) Licence  photocopying or scanning of works held by the University for educational purposes. This is the main licence that affects day to day copying at the library. The licence enables nominated staff within the library digitization team to make copies of book chapters and journal articles which can then be made available electronically via Library Reading Lists.  Find out how to make a request from our dedicated digitization service guide. https://www.cla.co.uk/licence-documents/higher-education-licence-documents/
The NLA Licence photocopying of articles from some national and regional newspapers.

 NLA and CLA are separate copyright licensing organisations. Newspaper Licencing Agency (NLA) manages the licensing of copyrighted material from newspapers, selected magazines and media sites in print and digital. 

While NLA and CLA are both copyright licenses, and CLA acts as the exclusive agent for all of NLA’s UK education licensing, they cover different repertoires of copyrighted material.

https://www.cla.co.uk/licence-documents/nla-education-establishment-licence-documents/
The Educational Recording Agency (ERA) Recordings from UK TV and radio broadcasts On behalf of its Members, ERA operates a Licensing Scheme for the educational use of television and radio broadcasts. Uniquely serving the UK education sector, ERA is one of a range of collecting societies which help copyright owners and performers derive an income from the licensed use of their literary, dramatic, musical and artistic works. The ERA Licence enables staff and students of the university to use recordings of TV and radio broadcasts in teaching/study/research using university Box of Broadcasts access. https://era.org.uk/schedule-to-the-era-licence/
Other Licences
Creative Commons Creative Commons (CC) is an international nonprofit organization dedicated to developing practical solutions, and advocating for better open sharing of knowledge and culture that serves the public interest. They help overcome legal obstacles to the sharing of knowledge and creativity through the provision of a suite of creative commons licencing options.  You may wish to use content that is licenced with Creative Commons in your teaching or you may wish to utilise the Creative Commons licence to protect and share your own research.  See the Creative Commons website for more information.

 

Useful Sources of further information on UK copyright

Who  Where  What
UK Government  Copyright, Designs and Patents Act 1988 The principal legislation on UK copyright 
UK Government Government guidance on the 2014 copyright exceptions Documents explaining the 2014 copyright exceptions. Especially relevant are: education and teaching, research, libraries, archives and museums.
The UK Copyright Service https://copyrightservice.co.uk/copyright/copyright An introduction to copyright
The UK Copyright Service https://copyrightservice.co.uk/copyright/p01_uk_copyright_law  Fact sheet on UK Copyright Law
CopyrightUser.org Copyright User Lots of information on copyright, with specific sections on education and libraries, using copyright exceptions and a great FAQ page
Learning on Screen Learning on Screen code of fair practice The Code of Fair Practice will support you in navigating the complex landscape of copyright and promote the lawful use of audiovisual materials for educational purposes. This Code aims to provide valuable guidance and promote best practices in film education.

Licences held by UOS

 
Licence What it covers Further information Link to Licence Documents
The Copyright Licensing Agency Higher Education (CLAHE) Licence  photocopying or scanning of works held by the University for educational purposes. This is the main licence that affects day to day copying at the library. The licence enables nominated staff within the library digitization team to make copies of book chapters and journal articles which can then be made available electronically via Library Reading Lists.  Find out how to make a request from our dedicated digitization service guide. https://www.cla.co.uk/licence-documents/higher-education-licence-documents/
The NLA Licence photocopying of articles from some national and regional newspapers.

 NLA and CLA are separate copyright licensing organisations. Newspaper Licencing Agency (NLA) manages the licensing of copyrighted material from newspapers, selected magazines and media sites in print and digital. 

While NLA and CLA are both copyright licenses, and CLA acts as the exclusive agent for all of NLA’s UK education licensing, they cover different repertoires of copyrighted material.

https://www.cla.co.uk/licence-documents/nla-education-establishment-licence-documents/
The Educational Recording Agency (ERA) Recordings from UK TV and radio broadcasts On behalf of its Members, ERA operates a Licensing Scheme for the educational use of television and radio broadcasts. Uniquely serving the UK education sector, ERA is one of a range of collecting societies which help copyright owners and performers derive an income from the licensed use of their literary, dramatic, musical and artistic works. The ERA Licence enables staff and students of the university to use recordings of TV and radio broadcasts in teaching/study/research using university Box of Broadcasts access. https://era.org.uk/schedule-to-the-era-licence/

CLA HE Licence

The Copyright Licencing Agency Higher Education (CLAHE) Licence 

This is the main licence affecting day to day copying and digitization within the University.  Subject to the limitations set out below, the CLA Licence enables University of Sunderland staff to make photocopies and digitise extracts from printed books, journals and magazines published in the UK and other territories including the USA, Canada, Australia and all the major European countries. In addition, digital copies can be created from those digital material publishers that have opted-in to the CLA Licence (see http://he.cla.co.uk/complying-with-your-license/what-can-be-copied/digital-material-publishers/ for an up to date list). If the publisher of a digital original publication is not shown on this list then the material may not be copied or re-used under the terms of the licence. 

This means:

  • Journal articles may be copied regardless of whether obtained as part of a journal subscription or obtained as a ‘pay-per-view’ single article
  • Material that is copied may be stored in a secure server and made available via Library Reading Lists
  • Digital copies may be downloaded by students
  • Digital copies may be printed out (for use in the classroom and individual study) and retained by the student

The CLA Licence permits copying for educational purposes within the institution providing:

  • the original publication is owned by the University or;
  • a copyright fee paid copy is held by the University or;
  • in the case of digital material, the University owns or has lawful access to it under contract or licence
  • copies are made only from the current published edition
  • in relation to scanning, the works must be clean, i.e. not annotated.

The CLA Licence applies only to current students and staff employed by the University of Sunderland.

Multiple photocopies and digitised extracts must only be distributed with reference to a specific course of study.

Copying limitations

  • up to 10% or one whole chapter (whichever is the greater) from a book
  • up to 10% or one whole article (whichever is the greater) from a single issue of a journal
  • up to 10% or one paper (whichever is the greater) from a set of conference proceedings
  • up to 10% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages (whichever is the greater)
  • up to 10% or one single case (whichever is the greater) from a published report of judicial proceedings.

Lawful copying in excess of these allowances is permitted only at the discretion of the copyright owner and may be subject to the payment of a fee, please see the Library Digitization Guide for details for details.

Who can make copies?

  • Photocopying may be undertaken by staff or students of the University.
  • Scanning/Digital copies for reading lists may only be undertaken by members of the library's Digitization Team.

The CLA Licence applies a maximum limit to the number of multiple copies of an extract that can be made.

  • The number of copies of any one extract of licensed material should not exceed the number needed to ensure that each student enrolled on a course of study (together with the course tutor) is supplied with one copy. 
  • No further on-copying is permitted and copies may not be permanently stored in a photocopiers memory.

Excluded Works

The following categories of material may not be copied under the CLA Licence:

Please note, some separate illustrations, diagrams and photographs may not always fall under the CLA Licence. Before copying such material, you should make enquiry as to whether consent from individual rights' holders is required.

Material published electronically or on the Internet

The Licence covers the downloading and copying of electronic material from some free-to-view websites (see http://he.cla.co.uk/complying-with-your-licence/what-can-be-copied/digital-material-publishers/).

Registered distance learning students

The CLA Licence permits copies, either paper-based or digital, to be made in the UK only.  They may not be made by staff/students whilst overseas. However, distance learning students may receive photocopies and viewdownload or print digital copies prepared in the UK.

NLA Licence

The NLA Licence

The NLA Licence held by the University covers:

  • all national UK newspapers
  • the following regional titles:
    Evening Chronicle
    Sunderland Echo
    The Journal
    The Northern Echo

This allows the University to make copies of articles, reports or other items published in the above newspapers only for distribution to its staff for internal use or to its students for educational and instructional purposes provided that the title of the newspaper and its date of publication should be clearly noted together with a statement declaring that it was copied under the terms of the NLA Licence.

Copying from other regional titles, periodicals or foreign newspapers is not covered by the University NLA Licence and will require separate consent.

Limitations

The NLA Licence does not permit:

  • the systematic copying of more than 250 copies of any one cutting taken from any one issue of an NLA newspaper, whether for internal use or for inclusion in course/study packs
  • copying and circulation of cuttings beyond University premises
  • copying of articles where the author has retained copyright, e.g. freelance journalists (Permission would need to be sought from the author.)
  • further copying by the recipient for any person who is not a student or member of staff.

Please note
The University does not subscribe to the NLA's Digital Licence therefore digital copying is not permitted.

For further information please visit the NLA's website or see the CLA website for a comparison of the CLA and NLA Licences

ERA Licence

The Educational Recording Agency (ERA) Licence

The ERA Licence permits the recording of UK radio and TV programmes for use within the University for teaching and other non-commercial educational purposes. The Licence authorises the following two non-commercial educational activities:

  • Recording from broadcasts made in the UK of the works and performances owned or represented by ERA members( an up to date list of members can be found at http://www.era.org.uk/members_links.html); and

  • Electronic communication of licensed recordings within an educational establishment (NB: this does not include on-line communication).

The Licence covers scheduled free to air broadcasts on:

  • BBC television and radio

  • ITV Network services (including ITV2 and ITV3)

  • Channel Four, E4, More 4 and Film 4

  • Five Television

  • S4C

  • and any other licensed broadcast services

Please note, this does not include other satellite and cable channels.

Full programmes and extracts can be recorded but further editing, such as separation of images from soundtrack, is not permitted.  Whilst the conversion of recordings from analogue to digital format is permitted, the addition of subtitles or audio-description is not.

Such recordings may only be communicated to staff and registered students within University premises.  This means, for example, that they may not be communicated in any format to distance learning students outside of the UK.  Please note, recordings may not be made accessible via SunSpace or any other web-based means.

Registered students (including UK-based distance learning students) may borrow and take off-site licensed recordings on cassette, CD or DVD. As this may reduce the University’s ability to ensure adherence to Licence terms and conditions, it is recommended that students are asked to sign a declaration to confirm the material will be used only for legitimate non-commercial educational purposes.

Labelling 

All recordings must be suitably labelled, showing date, name of broadcaster, title of recording, and the following statement: “This recording is to be used only for educational and non-commercial purposes only under the terms of the ERA Licence”.  Pre-printed labels can be ordered from the ERA.

On the basis that the University may be requested to provide evidence of compliance with this licence, all recordings must be made by library staff to ensure proper labelling and  records are maintained. Please contact the Academic Liaison Librarian for your subject area if you would like a recording to be made.

Limitations

Further limitations under the ERA Licence can be found on the ERA website at http://www.era.org.uk/the-licence/faq.  In particular your attention is drawn to the following:

  • on-demand (with the exception of BBC Online Services and 4oD*) and interactive programmes and podcasts should not be recorded

  • *the use of recordings of BBC Online Services and 4oD are controlled by the terms of each service provider.  Please ensure you are familiar with such terms before any recordings are made.

  • the ERA should be consulted before recording feature films or advertisements as these may not be covered by the ERA Licence

  • the use of recordings (or stills from recordings) for entertainment or promotional purposes is prohibited

  • students may not make recordings under the ERA Licence, only members of staff

The copying of commercially produced, pre-recorded videos, audio tapes, CDs and DVDs is not authorised under the ERA Licence.  Specific advice should be sought concerning this.

Creative Commons Licences

Creative Commons

Creative Commons are a non-profit organisation who offer authors and rights holders a way to allow open access to their work without charging a fee.  There are currently six types of Creative Commons licences available which have various reuse permissions associated.  You can read more about the individual licences on the Creative Commons Website.

CC licences attach to the work and authorise everyone who comes in contact with the work to use it consistently with the licence.

CC licences range from:

  • permitting others to download, alter, remix and tweak your licence for commercial and non-commercial purposes; through to,

  • a more restrictive licence that only permits downloading and sharing of your work without making any alterations and not for any commercial use

  • All CC licences require you to credit the original author, licensor and/or any other party specified by the author or licensor

CC licences are not recommended for software: instead you could consider using either the Free Software Foundation or the Open Source Initiative.

Attribution of the work

The copyright holder may specify the type of attribution required.  Where this is not the case, you should at least:

  • leave any copyright notices intact

  • cite the author's name, screen name, user identification, etc

  • cite the work's title or name, if it exists

  • cite the specific CC licence the work is under

  • if you are making a derivative work or adaptation, you need to identify that your work is a derivative work

Works in the public domain

CC licences are not intended to be applied to works in the public domain.

Applying a CC licence to a work in the public domain may constitute copyright infringement. However, if you incorporate a work that is in the public domain into a collection that is itself protected by copyright, then you may apply a Creative Commons licence to the work as a collection, although the licence will not affect the status of public domain work. Similarly, you may apply a Creative Commons licence to an adaptation of a public domain work if you hold copyright to the adaptation.

General Information

As a general rule, CC licences are made available on a royalty-free basis but there may be exceptions

CC licences are non-revocable meaning you cannot stop someone who has already gained access to your work from using it under the terms of the CC licence applying at the time it was accessed.  You can stop future distributions of your work under the CC licence but it will not withdraw any copies of your work that already exist

A CC licence terminates automatically if someone uses your work contrary to the licence terms. This only applies in relation to the person in breach of the licence; it does not apply generally to the other people who use your work under a CC licence and comply with its terms.

For online works, the licence is entered into online and will include a html code in your work. This code will automatically generate a licence button and a statement that your work is licensed under a CC licence, or certify that a work is in the public domain. The html code will also include the metadata that enables your work to be found via Creative Commons-enabled search engines

For offline works, you should either:

  • mark your work with a statement such as “This work is licensed under the Creative Commons [insert description] Licence. To view a copy of this licence, visit [insert url]; or send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View, California 94140, USA.”; or,

  • insert the applicable licence buttons with the same statement and URL link.

You can read more about Creative Commons, who they are and what their licences offer at https://creativecommons.org/

Training Resources

Training resources 

If you have five minutes you can watch the CLA video on copyright and see how many questions you can get right.  If you have a bit more time you can work your way through the training resources listed below to increase your knowledge of UK copyright.

Copyright training resources 

Topic

Creator

Summary of content

Copyright Aware

BBC

A basic guide to UK copyright 

Copyright Essentials

The Copyright Licensing Agency

An interactive guide written for FE but equally applicable to HE.  It has sections about copyright basics, copyright essentials, copyright in education and blanket licences.  You can answer questions at the end of each section to check your knowledge and build up your copyright confidence.  You will get a certificate if you complete the course.

CopyrightUser.org

Copyright User

CopyrightUser.org is an independent online resource aimed at making UK Copyright Law accessible to creators, media professionals, entrepreneurs, students, and members of the public. The goal is to provide answers to the most pressing concerns creators have about copyright, helping them understand their rights.

Copyright User Video Gallery

Copyright User

Educational videos about UK copyright.

Copyright for Teaching Materials Can I use it?

Manchester Metropolitan University

A great resource from Manchester University Library that will help you figure out if and how to use different resources for teaching without breaching copyright.

Code of Fair Practice

Learning on Screen

A guide to Code fair practice for Film Educators in the UK, a comprehensive resource designed to empower film educators with the knowledge and guidance they need to make informed decisions regarding copyright and the legal use of audiovisual materials for educational purposes.

Creative Commons training resources

What is Creative Commons

Wikimedia Foundation

A short video explanation of Creative Commons Licensing.

Creative Commons Licenses

Creative Commons

All the various license options in detail with an explanation of how to choose the right license and apply it to your work.