This is a brief summary of the main points of copyright of which all Tavistock and Portman NHS Trust Library users should be aware. It is based on guidance produced by the Chartered Institute of Library & Information Professionals and SCONUL (Standing Conference of National and University Libraries), The information provided here reflects the key provisions of the Copyright, Designs and Patents Act 1998, the CLA (Copyright Licensing Agency) Licence and Higher Education Copying Accord, which came into effect on 1st April 1998 and the Copyright and Related Rights and Regulations Act 2003 (Statutory Instrument 2003/2498) which became law on 31 October 2003 and the Copyright (Visually Impaired Persons) Act 2002 which became law on 31 October 2003. Many points of important detail cannot be covered in a brief guide - if in any doubt on a potential copyright matter, please contact the Librarian on Ext 2206.
PLEASE NOTE: This document represents the Library’s interpretation of the legislation and does not constitute legal advice.
Copyright is the legal protection given to creators of certain kinds of material to control the way their work might be exploited.
Copyright is originally invested in the creator, but as a property right it may be sold or assigned, e.g. to a publisher. If you are an author of a published work you need to be clear who owns the copyright - you or the publisher.
Copyright restricts the making of copies of all or part of any protected work. This may affect lecturers making copies for teaching, or a student making copies for private study.
•original literary, dramatic, musical or artistic works, including computer programs and tables and compilations (databases)
•sound recordings, films/video recordings, broadcasts or cable programmes
•typographical arrangements of published editions, even if the original is out of copyright
Literary, dramatic, musical or artistic works
Copyright expires 70 years after the end of the year of an author's death; or 70 years from when the work was first made available to the public (e.g. by performance, broadcast or exhibition).
Photographs
Most photographs are protected for 70 years after the death of the photographer. If Crown copyright applies, protection is for a maximum of 125 years. Photographs subject to Parliamentary copyright are protected for 50 years from taking. Similarly, UK law protects for 50 years photographs whose copyright belongs to international organizations, e.g. UNESCO.
Films
Copyright expires 70 years after the death of the last to die of the director, author of the screenplay/dialogue or the composer of the soundtrack.
Sound recordings, broadcasts and computer generated works Copyright expires 50 years after the end of the year in which they were first made or released.
Typographical arrangements of published works
Copyright expires 25 years after the end of the year in which the edition was first published.
No.
With the permission of the copyright holder you can copy whatever is agreed and make as many copies as agreed.
Without express permission, there are some limited custom and practice rules, e.g. fair dealing.
Special copying arrangements are allowed under specific licence provisions, e.g. those of the Copyright Licensing Agency (see section about Copying under the HE/NHS Licences) as well as for visually impaired people.
Under the generally accepted defence of 'fair dealing' it is normally acceptable for individuals to make copies for the purposes of their own private study or research. Normally a single copy only is permissible. (Please refer to section on Copying under the HE/NHS Licences for exceptions.)
You may ask another individual to make a copy for you under fair dealing, but again, only a single copy.
Under the Copyright and Related Rights and Regulations Act 2003 (Statutory Instrument 2003/2498) sometimes still referred to as the European Directive on Copyright, photocopies or electronic copies must be for private study or research only and must not be for any purpose that could be construed as leading to direct or indirect commercial gain otherwise additional charges will be incurred. Please note that if you are undertaking research on behalf of or sponsored by a commercial organisation, who intend to use the research for direct or indirect financial gain, this will count as being commercial. For further explanation of what constitutes “commercial” and “non-commercial” please contact the library or consult the British Library guidelines on their website:
http://www.bl.uk/services/information/copyrightfaq.html#11
Copies made for commercial purposes are subject to a standard copyright fee plus an administration surcharge, £12.00 per article/chapter, on top of the costs of the actual copying. If you anticipate needing to do commercial copying, please contact the library for full details.
In addition, because the Directive stipulates that articles must be used for the private study or research of the individual user only, please ensure that you sign your own copyright declaration forms when making interlibrary requests forms “pp’d” on someone else’s behalf are not acceptable.
The Copyright Licensing Agency advises the following extent limitations (Please refer to Copying by Visually Impaired Persons below and Copying under the HE/NHS Licences for exceptions to these limitations):
no more than one complete chapter from a published edition, or extracts totalling no more than 5% of the whole work.
in the case of small books, reports or pamphlets without chapters, up to 10%, provided that no more than 20 pages are copied.
Periodicals
one whole article in one issue of a serial publication or in a set of conference proceedings.
the entire report of a single case in a set of published judicial proceedings.
Poems and short stories
when in collections or anthologies, no more than 10 pages.
poems embedded in a chapter of a book may be copied as part of the chapter.
Newspapers
a license for copying newspaper articles is currently being negotiated, but until the document is signed no copies should be made of any newspaper articles or cuttings. Staff will be kept informed of developments.
Photographs
a single copy of a photograph for research or study
Slides
a copy may be made to illustrate, e.g., a lecture, but should not form part of an organised collection
Music (printed)
short excerpts are permitted for study
Theses
Tavistock and Portman NHS Trust theses may only be photocopied for personal use with the explicit consent of the author
Conditions attaching to theses from other institutions vary. Always observe the protocols which accompany such theses. If in doubt, consult the relevant institution before copying
Offprints/Extracts held as library stock
Copies obtained under 'private study or research' provisions are for personal use only. They can not be lodged in the Library.
Copyright-cleared copies will be obtained by the Library and added to stock for this purpose.
the library holds a legitimate copy of the original work
an equivalent accessible copy is not available commercially.
the accessible copy carries a statement acknowledging its source, such as title, author, and edition and carry wording to indicate that it has been created under the terms of Section 31A of the Copyright, Designs and Patents Act 1988 as amended by the Copyright (Visually Impaired Persons) Act 2002.
*An accessible copy can be in a variety of formats such as Braille, audio, large print
The usual limitations on how much of something that can be copied (see “How much can I copy?” section above) do not apply to copying for visually impaired users. Under the latest legislation they are entitled to have a copy of the whole of a work. This applies to both published and unpublished works.
Please contact the library if you would like further information about this.
Copyright and the Internet/Intranet
If no copyright symbol is displayed, then the item is not in copyright
The very fact that information is posted on the Internet means there is an implied licence to copy
Everything on the World Wide Web is in the public domain.
Digital information (Internet, Intranet, e-mail, CD Roms) is protected by copyright law in the same way as paper materials.
Use of E-Journals and Other Electronic Information Sources
Although electronic information may be available internationally, it is covered by the national copyright law of the country in which it is being used. International differences in copyright law have led to a situation where what may be legal in one country could be illegal in another. Before using e-material always make sure you are complying with the national copyright law of the country where you are copying, downloading etc. as copyright restrictions do vary. One of the main objectives of the European Union* Directive on Copyright which became law here on 31st October 2003, is to update copyright law for the electronic age by harmonising inconsistent national responses to new technology. (*current European Union Member States are: Austria, Belguim, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and the United Kingdom.)
More information about national and international copyright can be obtained from the library or the following websites:
http://www.intellectual-property.gov.uk/index.htm,
http://www.jisc.ac.uk/legal/index.cfm,
The Trust holds-an-ERA (Educational Recording Agency) Licence. This allows designated individuals to make off-air recordings of radio or TV programmes. Within the conditions of the Licence, tapes may be copied further and used in lectures, catalogued and kept in library collections indefinitely, and loaned to students.
HE licence
http://www.cla.co.uk/have_licence/support/he-support-faq.html
NHS and HE licence Interface
http://www.cla.co.uk/have_licence/gov/gov_nhs_faqs.html
General Copyright Information
http://www.bl.uk/services/information/copyrightfaq.html#faq
http://www.cilip.org.uk/committees/laca/mcglaca_legislationguidelines.pdf
Off-air recording
