Copyright is one of a range of intellectual property rights which enables the rights owner to exploit certain types of creative work and control their use for a limited period of time.
Sources of copyright law
In the UK the main source of copyright law is the Copyright, Designs and Patents Act 1988 (CDPA), together with associated regulations. The Act has been amended several times since it was passed by Parliament, so it is important that you consult the most up to date version. Contract law in the form of licence agreements is also important.
What works are protected?
Works are protected if they are:
- of the relevant type;
- literary, dramatic, musical or artistic works
- sound recordings, films or broadcasts
- typographical arrangements of published editions
- in recorded format;
- eg print, writing, sound recording
- created with skill, knowledge taste or judgement.
Copyright subsists automatically when a qualifying work is created, but many people use the copyright symbol to make the status clear:
© Joe Bloggs, 2012
Who owns the copyright?
The author is generally the first owner of the copyright. However, when an employee creates a work during the course of his/her employment, the employer is owner of the copyright unless there is any agreement to the contrary. At Lancaster the University waives its rights in copyright in scholarly works such as journal articles, conference papers and textbooks, but not in teaching materials.
Ownership can be sold and bequeathed to others on the owner’s death. It can also be transferred/assigned either in whole or in part, a process which frequently happens when material is published. So if you have published an article in a journal, you will normally have signed a transfer agreement which details the rights you have assigned and those you have retained.
How long does copyright last?
Copyright duration is affected by a range of factors, but in general:
- Lifetime + 70 years or date of creation + 70 years if author unknown;
- Literary works
- Artistic works
- Dramatic works
- Published sound recordings
- Unpublished works can be in copyright till end of 2039
- Date of creation + 50 years;
- Unpublished sound recordings
- Most Crown copyright works, including Ordnance Survey maps
- 25 years from publication;
- Typographic arrangements
The position is more complicated with some categories of works like photographs, where a flowchart can help to determine copyright duration
What control does the owner have?
In relation to the whole or a substantial part of the work, the rights owner has the exclusive right to:
- Issue copies to public
- Rent or lend to public
- Perform or show to public
- Communicate to public
- Make an adaptation of work
Insubstantial or substantial have not been defined in legislation, but the matter has been considered by the courts who have indicated that both quantity and quality would be important considerations. The following would be considered substantial:
- 4 lines out of 32 line poem
- A few notes if principal theme of a piece of music
- A couple of sentences if book’s main theme
- Film – substantial part of any image, eg whole still
Thus anything more than trivial extracts would probably be protected.
Additional moral rights
These exist alongside copyright and cannot be waived or assigned to others:
- Paternity right: the right to be identified as the author
- Integrity right: the right to object to derogatory treatment of your work
- False attribution right: the right not to have your work falsely attributed to another
What copying is permitted?
You may not copy the whole or a substantial part of a copyright work unless:
- You have the owner’s permission
- The copying you want to do is permitted by an exemption in the CDPA
The owner’s permission may be given by licence or by seeking express permission. You can read more about licences on Copying for teaching and Copying for learning and research
Exceptions for learning and teaching in education
The CDPA offers a range of exemptions relevant to education:
- Fair dealing for;
- Research for a non-commercial purpose or private study
- Illustration for instruction
- Criticism and review
- Text and data mining