What is Copyright?
Copyright is a property right which protects the rights of those who create works of various kinds. Copyright does not need to be registered it is automatically applied when the work is created, provided that the work is original and recorded in writing or some other material format, and that the work has been produced by a qualified person or body, a UK citizen for example. The work does not need to include the ©symbol to be protected by copyright.
Legislation
The main legislation covering copyright in the UK is the Copyright, Designs and Patents Act 1988 and amendments, and also the Copyright (Visually Impaired Persons) Act 2002.
The Copyright, Designs and Patents Act 1988 defines copyright as
“… a property right which subsists in accordance with this Part in the following descriptions of work –
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films or broadcasts…
(c) the typographical arrangement of published editions “
Examples include: books, newspaper and journal articles, plays, songs, databases, websites, computer programmes, maps, photographs, paintings and drawings.
The Copyright, Designs and Patents Act 1988 entitles the copyright holder/owner the exclusive right to their works, including the right to:
- copy the work;
- issue copies of the work to the public;
- perform, show or play the work in public
- broadcast the work;
- make an adaptation of the work.
Doing any of these acts without the copyright holder/owner’s permission is an infringement of their copyright.
However there are circumstances when the law does permit the copying of copyright material. These “Permitted Acts” are not rights but may be used as a defence in court.
- Fair Dealing
- Educational purposes
- Visually impaired persons
Fair Dealing
Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing copyright and applies to literary, dramatic and musical works. These acts are:
- For research (provided it is for a non-commercial purpose) or private study;
- For criticism or review;
- For news reporting.
A condition of the fair dealing defence is that you must always acknowledge the source.
Educational purposes
- Copying is permitted for the purpose of instruction, provided the copy is not made by a reprographic process, a photocopier or scanner for example.
- Copying is permitted for examinations, the setting and answering of questions. Sheet music cannot be copied for performance.
It is important that you always include an acknowledgement of the source.
Visually impaired persons
The Copyright (Visually Impaired Persons) Act 2002 permits copies to be made for visually impaired people. The whole of a work may be copied into a suitable and accessible format provided that:
- the visually impaired person has possession of a copy or lawful access to one;
- the work is not already commercially available in the format required;
- the copy acknowledges the source;
- the copy is marked to show it is produced under the terms of the Copyright (Visually Impaired Persons) Act 2002.
The rights of the copyright holder/owner are also limited by duration. In the case of literary, dramatic and musical works copyright expires 70 years after the end of the year of the death of the author or creator. However you also have to bear in mind the design and layout of the book, the typographical arrangement, which lasts for 25 years.
Copying permitted by Licence
The College has purchased a number of licences which permit the copying of a variety of copyright material. Each licence sets out what is permitted and what is not allowed under the terms of the licence. For example the CLA (Copyright Licensing Agency) Further Education Licence and the ERA (Educational Recording Agency) Licence.
Copyright, Designs and Patents Act 1988
Copyright (Visually Impaired Persons) Act 2002
ERA (Educational Recording Agency) Licence
Please note that the information on this page is intended to provide general guidance and does not constitute legal advice.