Copyright guidance notes

E-submission of theses and copyright

For information about what copyright material you can use in eTheses please view the copyright guide.

Other useful links

What is copyright?

Copyright is a property right which gives legal protection to the creators of certain kinds of work, and which restricts the way in which those works may be used and distributed. Copyright in the UK is governed principally by the Copyright, Designs and Patents Act 1988, and subsequent regulations.

Under the Act, copyright applies to the following categories of material:

  • Literary works, which includes most types of written material, printed or otherwise (ie not only literature in the usual sense of the term)
  • Dramatic works (plays, filmscripts, etc.)
  • Musical works
  • Computer programs
  • Artistic works, including graphic works, sculptures, maps, photographs, etc
  • Sound recordings
  • Films and videos
  • Radio and television broadcasts
  • Published editions (ie the typographical layout of a literary, dramatic or musical work). Hence the content of a recently published edition of an older work could be out of copyright, but the 'typographical arrangement' might not be.

Important

Please be aware the notes below are intended only to provide general guidance on copyright matters, and they cannot be relied upon as a comprehensive or official statement of the law, or of the legal obligations of individuals with respect to copyright.

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How long does copyright last?

Copyright protection is automatic from the moment of production or creation. For literary, dramatic, musical or artistic works, it then last until 70 years after the death of the author/creator. Typographic copyright of the printed page lasts for 25 years from publication in that edition.

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What may be copied?

You may make a copy of a work freely if one of the following applies:

  • Copyright on the work has expired
  • You own the copyright on the work
  • The copyright holder has given you explicit permission to copy the work

You may also make copies of limited amounts of individual works under "fair dealing", or according to a specific licence agreement, eg the Copyright Licensing Agency (CLA) licence.

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What does "fair dealing" allow?

Fair dealing is an exception in the Copyright, Designs and Patents Act which allows a certain amount of copying for purposes of "research or private study". The amount that may be copied by an individual for his or her own use is usually accepted to be:

  • A chapter of a book, or 5% of a book, whichever is the longer
  • One complete article from a single issue of a journal
  • A maximum of ten pages of a poem, short story, or other short literary work, taken from a volume of short stories or poems
  • Up to 10% (maximum 20 pages) of a short book, report or pamphlet
  • One separate illustration, diagram, photograph or map up to A4 size. However, if the illustrations form an integral part of an article or chapter, they may be included as part of that extract.

You may also copy from any type of work for the purposes of criticism or review (eg in an essay, article or thesis) provided that you acknowledge the source. The Act does not define the extent of copying permitted in this case but the generally accepted limits are:

  • In the case of one extract, no more than 400 words
  • In the case of several extracts from a single work, that none of them is more than 300 words long, and that the total is no more than 800 words
  • In the case of a poem, up to 40 lines.

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Are there different limits on copying for people with visual impairments?

Yes. The Copyright (Visually Impaired Persons) Act 1992 allows accessible copies of entire works to be made by or for people with visual impairments without the need to seek permission from the copyright holder. These copies may be in any format: enlarged photocopies, Braille, electronic copies, recordings, etc.

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What do the CLA licence and other licences allow?

Higher Education Trial License for Photocopying and Scanning

The University is a signatory to the CLA's Higher Education Basic License for Photocopying and Scanning, which runs until July 2011.

The licence allows staff and students to make multiple photocopies of individual items for use by a class or group in the course of their study.

It also allows University staff to compile course packs, consisting of photocopies of extracts of published material, for distribution to groups of students either on campus or on distance learning courses.

Additionally the licence allows digital copies of extracts of many printed books, journals and magazines published by UK and US publishers to be distributed or delivered to students, for example through a VLE, on CD for viewing on screen or in a lecture presentation.

Digital copying reporting requirements

Under the terms of the licence, there are specific data reporting requirements for digital copying, which were communicated to academic departments by the University and Secretary in January 2006.

Record sheets and further information on the licence are available from the Academic Support Office Copyright Licences web page.

Digital copying limits

The limits on the amount of any individual work that may be photocopied or digitised under the terms of the CLA licence are the same as those that apply to "fair dealing" as explained above.

What isn't included

Printed music, maps and charts, and some others types of work, are not covered by the CLA licence. Neither are all countries and publishers included in the licence scheme.

Further information on the excluded works, and on US publishers who are covered by the provisions of the licence which apply to photocopying, can be found on the CLA website

Other licences

The University also has licences from the Newspaper Licensing Agency (NLA) and Educational Recording Agency (ERA) which permit certain kinds of copying for educational purposes. More information on other licences is available from the Academic Support Office Copyright Licences web page.

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Does copyright apply to electronic publications?

Electronic works such as electronic books, journals, databases, websites, and software are also protected by copyright, even if they are readily accessible over the internet. You should generally assume that it is not permissible to make copies of electronic documents, either in printed or electronic form, even for personal use, unless:

  • The copying conforms to the principle of "fair dealing"
  • Copying is allowed under the terms of a licence
  • The copyright holder has given explicit permission

Some websites indicate that they may be freely copied and distributed. For example, documents available on the websites of UK government departments may be freely copied and passed on as there is a general permission to do so.

However, if in doubt, the explicit permission of the copyright holder should be sought before copies are made for distribution to others.

The CLA licence, which allows multiple photocopying for groups of students, does not apply to electronic works. There are rules governing the excessive downloading of records from an online database. The downloading policy is available on the CHEST website.

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How does fair dealing apply to electronic works?

Although not established in law, it is generally accepted that the principle of fair dealing applies to electronic works as well as to printed works. However, any copies made must be for personal use, and should not be distributed electronically (eg by uploading onto a server) or as printed copies without permission from the copyright holder.

The UK Higher Education Funding Councils' Joint Information Systems Committee (JISC) and the Publishers' Association have produced Guidelines on the use of fair dealing in an electronic environment.

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How do licences affect the way in which electronic journals can be used?

The Library subscribes to a large number of electronic resources, such as electronic databases and journals, which are subject to licence agreements with the information providers.

The conditions of licences with individual publishers and information providers vary, but in most cases a member of the University would be permitted to

  • Search and retrieve items
  • Print and/or download individual items for personal use for teaching, learning and research

In most cases, licences do not permit:

  • Downloading of the substantial part of a database or the entire contents of a publication (eg an entire issue of an electronic journal)
  • Multiple copying of items that have been printed or downloaded
  • Distributing copies to others
  • Using electronic resources for commercial purposes

The University' Regulations for the use of computing facilities include clear statements on the need to adhere to licensing and copyright restrictions as they apply to electronic information resources.

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Can I digitise a print publication and make it available electronically?

You may make an electronic copy of an extract from a print publication (eg by scanning) for your own private study or research under fair dealing.

Digital copies of extracts of printed works may also be made available to students under the terms of the CLA licence described above.

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How can I use electronic resources in the VLE?

The copyright guidance above applies to electronic resources stored in the VLE.

The e-Learning Development Team provides some useful information for course developers wishing to digitise resources for use in the VLE

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Are there any differences for distance learning students?

No. Distance learning students have the same rights as all other students and they should follow the guidance above.