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Institute of Education

Copyright issues

Note: this guide begins by discussing copyright issues relating to the photocopying of print materials. Further down this page you will find information relating to the copying of radio and TV, audio-visual and electronic resources.

Introduction
In general, the first owner of copyright in an original work is the person who created it. Note that in UK and EU law the existence of copyright in a work does NOT depend on the presence of a © symbol.

Copyright prevents others from making copies, issuing copies to the public (or, in fact, any group of individuals), performing, broadcasting or making adaptations to a work without prior permission.

Some publishers grant permission for educational copying, which may be indicated on the work itself, although it is essential to check details and comply with any conditions. Otherwise, copying is only allowed within fair dealing limits - see below.

Breaking the law
If you break copyright law you can be sued personally for damages, and you will also be in breach of the Institute's regulations.
For further information see the following websites:

Copyright Licensing Agency (CLA)
www.cla.co.uk

UK Government web site on intellectual property rights
www.intellectual-property.gov.uk

What is 'fair dealing'?
There is no precise definition, but it depends on two key factors:
  • the proportion of the original that is copied, and
  • whether the copying competes with a use the copyright owner might make.
Under fair dealing single photocopies of extracts of copyright material can be made by individuals, provided that they are only being made for the purposes of that individual's research or private study. The Institute holds a licence issued by the Copyright Licensing Agency - see link above - which covers this situation.

How much can I legally copy?
The advisory limits for fair dealing photocopying from any printed, published original are a single copy of the following:
  • one complete chapter, or 5%, of a book - whichever is greater
  • one whole article per issue of a serial publication (e.g. journal), or set of conference proceedings
  • one poem or short story from an anthology - provided it does not exceed 10 pages in length
  • one report of a case per set of judicial proceedings, diagrams, illustrations, drawings and other graphic works and photographs - either as accompaniments to the extracts identified above, or as standalone items
  • short excerpts only from musical works - not whole works or movements - and NO copying at all for performance purposes.
Fair dealing does NOT apply to:
  • the simultaneous provision of single photocopies of the same item to several members of staff
  • systematic or simultaneous photocopying of the same material by or on behalf of the same group of students in support of a course of study.
Note for Institute staff: those wishing to make photocopied material available to students MUST obtain 'course pack' clearance.
See IS Services: Copyright clearance of course packs

Still unsure?
Consult the copyright notices displayed beside all our photocopiers, or contact the Copyright Librarian

See also
IS Facilities: Photocopying
IS Services: Postal loans and photocopies


Radio and television programmes
The recording of radio and TV programmes for educational purposes is covered by special licensing arrangements.

The Institute holds an Educational Recording Agency (www.era.org.uk) licence that allows the recording and copying of UK terrestrial broadcasting, with the exception of Open University material.

Video material in the Library 'Off-Air Collection' on Level 4 may be borrowed by Institute staff and students (but not visitors), and items may be copied for use during the course of instruction at the Institute.

Other audio-visual materials
Copying of materials such as copyrighted film, transparencies, videotape or audiotape, requires the prior written consent of the copyright holder or publisher.

For further information on copyright and audio-visual matrials contact the Media Librarian


Electronic resources
Copyright exists for material stored on CD-ROM, posted on the Internet, contained in electronic databases or in other forms of computer software.

If you wish to copy material from any of these sources permission must be sought from the rights holder.

It is not safe to assume that information on the World Wide Web is "copyright free". Even in the absence of a copyright statement it is advisable to contact the publisher of any web page if you intend to reproduce material from it.

The British Educational Communications and Technology Agency, BECTA (www.becta.org.uk) provide guidance on copyright issues and ICT in the education sector.


Links
The following web sites provide further information on copyright and other intellectual property rights issues:

Association of Learned and Professional Society Publishers (ALPSP)
www.alpsp.org

British Copyright Council (BCC)
www.britishcopyright.org.uk

British Library
www.bl.uk

British Educational Communications and Technology Agency (BECTA)
www.becta.org.uk

Copyright Licensing Agency (CLA)
www.cla.co.uk

Educational Recording Agency (ERA)
www.era.org.uk

The Government Intellectual Property (IP) site
www.intellectual-property.gov.uk

A Guide to Licensing Copyright in Schools
www.licensing-copyright.org

Libraries and Archives Copyright Alliance(LACA)
www.cilip.org.uk/committees/laca/laca.html

Newspaper Licensing Agency (NLA)
www.nla.co.uk

Patent Office site on copyright
www.patent.gov.uk/copy

World Intellectual Property Organisation (WIPO)
www.wipo.org

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