The law governing copyright in the UK is the Copyright, Design and Patents Act (CDPA) 1988 and amendments. It exists to protect the intellectual standing and economic rights of creators and publishers of all literary, dramatic, artistic, musical, audiovisual and electronic works. As long as the work is original, copyright protection is automatic. In the UK where there is no registration or other procedures to follow, copyright exists whether or not it is asserted using the © symbol or otherwise.
In the first instance copyright ownership rests with the author or creator of a work. However if the work was undertaken in the course of employment the employer will probably own the copyright unless there is a contract to specify otherwise.
Copyright can be assigned, sold, leased to, or inherited by another person or organisation: frequently an author may assign some or all of his/her copyrights to a publisher. Therefore when seeking to identify the copyright owner the most likely parties to consider are:
- Creator/author
- Employer
- Person who undertakes the arrangements (commissions the work)
- The producer
- The publisher
Copyright owners have exclusive rights to their work which include the right:
- to copy work
- to issue copies of the work to the public
- to perform, show or play the work in public
- to broadcast the work or include it in a cable programme service
- to rent or lend the work
- to adapt the work or do any of the above in relation to the adaptation
If you are not the rights holder and want to do any of these things you will need the rights holder’s permission.
As a general guideline copyright lasts 70 years after the author/creator’s death. If the work has several authors, the period of protection will last for 70 years following the death of the last surviving author.
Copyright law includes a number of exceptions which allow limited copying/use of copyright materials in certain circumstances without the need to gain the permission of the rights holder. The main ones affecting study and research include:
- Research and Private Study - the provision covers all types of copyright works – literary, dramatic, musical or artistic works, as well as sound recordings, films and broadcasts and allows researchers and students to copy limited extracts of works for non-commercial research and private study.
- Quotation for criticism, review and news reporting - the provision covers all types of copyright works and permits the quotation of a work as long as these purposes are reasonable and:
- the work has been made available to the public
- the use of the quotation is ‘fair dealing’ with the work
- the extent of the quotation is ‘no more than is required’ by the specific purpose for which it is used
- the quotation is accompanied by ‘sufficient acknowledgement’ (unless this would be impossible for reasons of practicality or otherwise)
- Accessible copies - the provision covers all types of copyright works and allows a disabled person, or someone on their behalf (including HE establishments), to make an accessible copy (of a whole work) for their personal use providing they (or the university) have a legitimate copy and that a suitable accessible copy may not already be commercially available at a reasonable cost.
- Illustration for instruction – the provision covers all types of copyright works and allows copying to illustrate a teaching point subject to fair dealing. The copying must be done by the person giving or receiving instruction and permits the use of digital technology such as interactive whiteboards. This exception also includes copying for exam purposes. Copying for examination is subject to fair dealing, so the use of the extract must be fair. This may mean limiting copying to shorter extracts where possible, and restricting access to the works used to those being examined.
- Text and data mining – allows UK researchers to copy a work for analysis using text and data mining technologies without the risk of infringement where the analysis is for the purpose of non-commercial research and the researcher already has lawful access to the work in question.
Some of these exceptions only apply if the use of the work is a ‘fair dealing’.
‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing but factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:
- Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
- Is the amount of the work used reasonable?
- Is the use of the work appropriate?
- Is it accompanied by a sufficient acknowledgement?
Specific amounts are not defined but general advice suggests the following limits for each of these exceptions:
Non-commercial research and private study
- up to one complete chapter in a book
- up to one whole article in a single issue of a journal or in a set of conference proceedings
- the entire report of a single case in a judicial review
- one short story or one poem not exceeding 10 pages in an anthology of short stories or poems; or
- no more than 10% of any published edition above, whichever is the greater
Criticism, review and quotation
- one extract of no more than 400 words
- several extracts none more than 300 words and totaling not more than 800 words; or
- up to 40 lines from a poem, not exceeding one-quarter of the whole
Illustration for instruction
- one extract of no more than 400 words
- several extracts none more than 300 words and totaling not more than 800 words; or
- up to 40 lines from a poem, not exceeding one-quarter of the whole
If you wish to use copyright material which consists of a short quotation from a published work and you have acknowledged and referenced it adequately then it will probably not be necessary to seek permission from the copyright holder. However if the re-use is not covered by a licence or an exception in copyright law you will need to obtain permission from the rights holder. It is important that you keep a copy of any letters or emails you receive from rights holders. If you do not get permission or do not receive a response you cannot use the material.
