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A vital element of education is the ability to have access to -- and adapt -- other people's work. In order to learn how to read, assess, edit, present, re-compile, formulate, gather information, construct new frameworks of knowledge, and articulate our own experiences we often need to copy, download, quote or take extracts from other people's original work.
Copyright grants, temporarily, the absolute right to creators of works to control the copying, re-use and dissemination to the public of their original works. If you're using someone else's work, chances are that work is copyright protected. What you're allowed to do with copyrighted works depends largely on the purpose for which you're using them.
In order to facilitate the University of Brighton's staff and students' ability to copy and share materials for the purpose of education, considerable investment has been made in additional blanket licences to allow you to do more sharing. However, the licences carry with them requirements such as data reporting which means academics must follow certain processes in order to share materials legally . The University is committed to teaching and learning, but also to acknowledging and protecting the
copyright of rights holders and adhering to the terms and
conditions of the licences it holds.
If you can't find what you're looking for, contact your local campus library for further guidance.
Jump to sections about Copyright and its:
Legal background
The information that follows sets out the basics of copyright within the University of Brighton environment. The legislation governing copyright (UK and EU) and the agreement with the Copyright Licensing Agency (CLA) is available online.
Related university guidance and regulations
Related organisations that help you understand copyright
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Copyright and its ownership
Staff and students
The University Intellectual Property (IP) Policy
applies
to the Intellectual Property of all its employees and students, and further guidance for students is in the Student Handbook.
Other people's works
Copyright is one part of a bundle of IP rights alongside patents; trade
marks; design rights.
Copyright does not need to be registered or confirmed with a copyright symbol © as it automatically exists when original expressions of ideas are recorded in text,
art, performance, sound recording/music, film, broadcast and
typographical layout. In music, copyright applies to the composition, musical score and
lyrics, as well as any artwork or cover designs. Copyright also applies
to the public performance of music.
Copyright applies equally to both paper and digital publications, so all
material on the Internet is also covered by copyright and not free to
use unless specified.
The
first owner of copyright is the individual who creates the work, unless
it was created by an employee in the course of employment in which case
the employer automatically owns the work. The UofB's Intellectual Property (IP) Policy clarifies the University's position on ownership of employee and student work.
Copyright can be assigned in
writing, such as when a photographer signs a contract with a publisher
or a production company signs a contract with a film distributor. Always
check the terms of a contract carefully to make sure that you do not
unknowingly sign away all of your rights to your work, as you may later wish to publish it to the Web or place it in a digital repository.
Rights of the copyright owner
Under the Copyright, Designs and Patents Act 1988, a copyright owner has the right to:
- perform, show or play the work in public (performance right)
- communicate the work to the public (e.g. by putting it online)
- make an adaptation of the work
- copy the work (reproduction right)
- issue copies of work to the public (distribution right)
- rent or lend the work to the public (rental right)
- authorise others to undertake any of these activities
Moral rights and performers' rights also reside in copyright works. The moral
right is the right of the creator to be named as the author/creator of the work
(right of attribution) as well as the right to object to derogatory treatment of their
work. Performers' rights are more limited but still afford the
performers control over their live performance.
Carrying out any of these acts without the copyright holder's permission is an
infringement of their copyright. However, there are circumstances where
you can carry out these acts without direct permission.
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Use Copyright protected work
You can use copyrighted work only under these circumstances:
The University of Brighton
holds licences allowing staff and students to carry out certain acts
which would otherwise require permission from copyright holders.
Carrying out such acts are also subject to the conditions of the
licence:
- CLA licence - Basic CLA Photocopying and Scanning licence for photocopying and scanning, allows us to distribute these as course materials for university courses, including distance learning and
non-credit-bearing courses.
- ERA+ licence - From the Educational Recording Agency which permits off-air recording of radio and TV broadcasts for educational purposes. These may be played in a lecture. For further information see the Educational Recording Agency website .
- NLA –the Newspaper Licensing Agency which allows students and staff to copy newspapers for class, research, and other internal purposes.
- PRS
licence - For the performance of live music on University premises
(restricted to Sallis Benney theatre)
- PPL
licence - For the playing and performance of commercial music
(restricted to designated areas within the University - Stokers Bar (Eastbourne); Westlain Bar (Falmer); Varley Halls of Residence; Cockcroft Mezz Restaurant)
However,
there are also some defenses for the use of copyright protected work which allow you to use and share work without the need to seek permission or
purchase a licence.
Defenses for use
Copyright law provides some defenses for the use of copyright protected works in education, you are allowed to make use of
published works without the explicit permission of the copyright owner
in the following ways:
In
teaching: Copying work by hand in the course of instruction (e.g.
writing on a whiteboard) as long as sufficient
acknowledgement is given; performing, playing or showing works for the
purposes of instruction to a class of students.
In
examinations: Reproducing passages of text/quotations /images and so
on with sufficient acknowledgement for the purposes of setting exam
questions.
In criticism and review: The use must be 'fair,' which is
based on factors such as the amount taken, the motive for use and the
consequences of using the work. Can apply to broadcasts, film and sound recording
In
non-commercial research or private study (provided the work is not a
broadcast, sound recording or film): This use must be 'fair', similar to the use for criticism and review.
The 'fair dealing' exception in the Copyright Designs and Patents Act
1988 permits the making of a single photocopy by or for an individual
for the purposes of non-commercial research or private study, criticism
or review, or for reporting of current events. Copying for commercial
purposes is only allowed if the copyright owner's consent is obtained,
or a copyright fee is paid, or it is made under licence.
Copyright duration
Copyright runs for a pre-determined length of time after which the work is available for other people to copy and use without formal clearance, in Europe this is referred to as being 'out of term' in the US it's referred to as being in the public domain. Learn about copyright duration via JISC.
As a general rule, copyright in literary, dramatic, artistic and musical
works (composition) lasts for 70 years following the death of the
author/composer/artist.
There are some exceptions to this, notably unpublished works, works of unknown authorship and works in Crown and
Parliamentary copyright.
Copyright in film lasts for 70 years after death of the last of four contributors. Key contributors are the writer of the script, the designer, the composer and the director.
Copyright in sound recordings and broadcasts lasts for 50 years after the date of recording or broadcast; there is no copyright on radio or television broadcasts which were aired before 1 July 1957. Duration for sound recordings and performers' rights will increase from 50 to 70 years from 2014 as these terms have been extended.
Copyright in typographical layout expires 25 years after it was first published.
Anyone who wants to use work that is out of term has to get hold of the original materials, as a re-release of a CD of a 1940 performance would be regarded as a 'new' recording. Repeating a broadcast, however, doesn't extend its copyright.
Learn about copyright duration via JISC
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Copyright's relation to how you teach & learn, and share course materials on paper or online
A wide range of resources are made available to you for the delivery of course materials to students, such as Aspire reading lists, the Reprographics service for paper course packs, six campus Libraries, and the Online Library services.
Course readings are a selection of different materials which support the teaching of a specific module.
Aspire reading lists synthesise digitised course readings and distributed paper course packs in perfect harmony, as they bring together all the recommended materials for students on a module, despite any difference in formats.
Aspire lists and course packs are especially useful for:
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cohorts of students required to read lots of readily identifiable chapters and articles
-
distance and part-time students who cannot easily gain access to a Library
Paper course packs
The Copyright Licensing Agency (CLA) has published a Good Practice Guide in the Creation of Course Packs [PDF] on their website. This document provides examples of good and bad practice, and contains useful guidance notes for creating course packs.
Share articles from newspapers
We have taken an NLA (Newspaper Licensing Agency) licence, which allows us to make photocopies, print from newspaper websites, project onto a classroom screen, and to fax cuttings taken from newspapers for distribution to staff and students. Up to 250 copies may be made of any newspaper article; advertisements can be copied.
This covers all UK national newspapers, the Argus, Eastbourne Herald, Hailsham Gazette, Sussex Express and other selected titles.The licence does not include the Financial Times to be received or copied electronically.
Each copy should carry the following notice:
NLA licensed copy. No further copies may be made except under licence
Digital course packs
Scan and upload course materials
For scanning text and images for course readings from paper sources to make them available via Aspire reading lists, either follow these instructions or email your campus library. Please note: Library staff are designated to scan material to make available to students via Aspire lists.
The CLA licence has strict guidelines which we must adhere to with
regards to scanning -- please ensure you get requests in to the Library
as early as you can, as the process of creating an Aspire list takes a minimum of 4 weeks.
Generally, per each module the scanned and photocopied course readings can't exceed:
- one complete chapter of a book
- one whole article in an issue of a periodical or set of conference proceedings
- one short story or poem not exceeding 10 pages from any one anthology
- one report of a case per set of judicial proceedings
- In the case of paper photocopies, the number of multiple copies must not exceed the number needed to
ensure that each student registered on that module and each lecturer
teaching on it have one copy each.
How to use 'already digital' text and media as course materials
Wherever it's located online -- for example in a blog, wiki, email, on a
web page, news site, and so on -- text belongs to the person or
organisation who owns that page. Whatever is placed on studentcentral constitutes a form of publishing, even if you restrict the access to the materials you've published to students.
Text from online sources
If you want to copy text from the Internet ('copy and paste', print off, download & upload) as part of your teaching materials for distribution to your students, check the:
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Copyright statement - There is usually a clickable link that will say 'copyright' or 'terms and conditions' or 'terms of use' and will tell you what you are permitted to do with the content. Some licence agreements (such as for Wikipedia or Creative Commons) allow you to copy the content as long as you reference it correctly.
- Database - If it's from a database or e-resource that the UofB subscribes to, then check its terms and conditions to see if you can print material off from the database and copy it for students (sometimes you can); link to the articles/images directly from your Aspire list rather than downloading it and uploading it into the VLE, this guide to deep linking will show you how to do this [PDF].
- Legality - Some online material may still be in copyright, such as works by Sylvia Plath or James Joyce. If so, don't copy these, as doing so could have serious consequences, both for you and for the University.
- Owners of content - Sometimes content owners will agree to let you take text verbatim or to summarise from their work; for example, this guide to copyright has drawn passages from other sites about best practice copyright guidance, and the owners of that content gave me permission to do this.
If you are in any doubt about whether you can use text found online in your teaching materials, you can either link directly to the page (although there are some sites which do not permit this type of linking such as Harvard Business Review); link directly to the homepage of the site; or contact your local campus library for help.
You may be able to use short excerpts of text in your materials as long as you are using them for criticism or review. This comes under the fair dealing exception within copyright law. Be careful, though, as fair dealing is subjective. News reporting sites, for example, are very protective of their content and even copying a few words may be seen as an infringement of copyright.
Images
Link from your Aspire list to individual or curated sets of images within subscription e-resources such as ArtStore or Bridgman, both of which can be found in the Online Library's A-Z List. Instructions on how to make a persistent link are in this guide to deep linking [PDF]. Please email
your library if you have any questions about this process.
Images on the Internet are the property of their creators or the
people/organisations who have purchased the rights to them. In terms of
photographs, it is always the photographer who owns the copyright in the
first instance. You should never click and save pictures from the
Internet with the intent to re-use them in your own content without
permission to use them. Never copy logos without permission, as they will likely contain
additional rights such as trademark and design.
Permission is granted either by licence, in
writing from the copyright holder or by paying to use the image.
Image licences range from open licences, such as the Creative Commons Attribution licence, to restricted access images containing watermarks. Never remove watermarks -- you must pay for watermarked images if you want to use clean versions of them. High quality high resolution images will always come with a price.
Finding 'free' digital images: There is an excellent interactive tutorial on image searching from JISC Digital Media which teaches you how to find useful sites and learn how to search for images that you can use freely on your websites as well as in your teaching materials.
DVDs, television, and on-demand broadcasts
The UofB's subscription to the e-resource BoB National means you have access to formerly broadcast radio and television for use in learning both on- and off-campus long term. Our BoB guidance will teach you how to link directly to programmes in BoB from your Aspire list.
Video is much more widely available on the Internet courtesy of sites such as YouTube and iTunes. Terms and conditions will usually prevent you from downloading and re-uploading video content, but you will be able to link to legal content from your Aspire lists or embed it for streaming within your presentation or module area. Do not upload or embed anything that you think is infringing content, for example commercial films, as this could have serious consequences for both you and the University. If in doubt, ask or check with your campus library.
On-Demand services such as the BBC iPlayer and Channel 4's 4oD service can be used for educational purposes, including viewing in class.
For teachers of film making and students studying to be filmmakers, if you are directly teaching or learning how to make films and sound tracks, there is no infringement of copyright in the act of recording content. The product of these exercises, however, shouldn't be shown to audiences beyond those giving or receiving instruction and so can't be broadcast or sold.
Music / audio
Playing music and sound recordings in class
You may play music in a lecture, seminar or tutorial provided that your audience consists only of academic staff and students and the music is for the purposes of instruction. The phrase "purposes of instruction" is difficult to interpret but is likely to also cover the playing of music to aid the learning process. If you want to play music, please ensure that it is from a legitimate source -- something you have paid for, rather than accessed illegally.
Copying music and sound recordings
Our e-resource BoB contains many performances which have been aired on television and radio, our BoB guidance shows you how to record these performances or link to already recorded performances from your Aspire lists.
Otherwise, you must not copy music and sound recordings unless you have the express written permission of the copyright holder (in most cases, the record/sound production company). However, if you are a teacher of film making, or a student studying to become a filmmaker you can copy films and sound tracks in the course of either giving or receiving instruction.
You must not upload your personal digital music to your studentcentral module or other areas of the Web.
Copies of sound recordings or printed music must not be used in examinations or assessment - originals only must be used.
Using music and sound in teaching and learning materials
From your Aspire list you can link to many musical performances and sound recordings stored in the e-resource BoB, our BoB guidance shows you how to do this. If you want to include music and sound recordings that aren't on BoB, in your internal teaching materials (including those on studentcentral), there are plenty of sources of copyright-free music and sound or licenced music and sound recordings that you do not need to pay to use. Please note that you may only be able to stream rather than download some resources, but in these instances you should provide a link instead.
Using music and sound in multimedia productions for the Web (excluding studentcentral)
If you want to use music and sound recordings in a media production that you wish to publish to the Web, more often than not, you will need permission from the copyright holder to include music and sound in your online productions. Most 'free' music and sound will be granted to you under the conditions of a licence, so you should always check licence agreements (or terms and conditions) to see whether you are allowed to use products in the way you intend. If you are in any doubt, please email your campus library for help.
Using music and sound in multimedia exhibits
Please read our guide on how to use music and sound [PDF] in your exhibit legally, email your campus library if you have questions.
Publishing to YouTube
Since YouTube's agreement with the music licencing agency PRS, all videos uploaded which contain commercial tracks will not constitute a copyright infringement as these music tracks will be covered by YouTube's agreement. Please note that this ONLY applies to YouTube and not other sites such as the University website. You may therefore make a video which features a recent popular song and upload it to YouTube without worrying about it infringing copyright, you can even link to this video from studentcentral but if you wish to upload this video elsewhere, you will have to remove the track or pay to use it.
Radio broadcasts
You can record many radio broadcasts in our e-resource BoB, our BoB guidance shows you how to do this. Please note that this type of recording is covered under the ERA+ licence and is subject to restrictions.
Examination and Assessment
Provided that the copyright material in the questions is properly credited (where it can be), you do not need to seek permission to use materials as part of your examination questions or your answers to assignments and exams.
Musical works have more restrictions. You are not allowed to make a reprographic copy of a musical work for use by an examination candidate who is to perform the work.
Research students who wish to have their theses digitised or disseminated online will need to obtain copyright clearance for all third party material which does not fall under the defence of fair dealing.
Face to Face Teaching (lectures, seminars, etc)
There is a provision in the Copyright Act which allows educational
establishments to perform, play and show copyright works to audiences of
students and staff for the purposes of instruction.
In real terms, this means that literary, dramatic and musical works
can be performed live in all forms of face to face teaching without the
need to ask permission of the copyright owner. It also means that sound
recordings, films and broadcasts can be played and screened in lectures
(for example) without seeking permission from the copyright owner first.
This is despite the copyright notice or warning which may feature on
the work, using phrases such as "strictly for home use" and so on. This
provision in the Copyright Act overrides these types of statement.
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Copyright and your research
Fair Dealing covers you when you copy materials (excluding sound recordings, broadcasts and film unless you are a film making teacher or a student of filmmaking) for the purposes of non-commercial research and private study. For example, use of others works in your unpublished thesis would not require you to seek permission from the copyright owners (as long as you cite their work.)
Once you publish your work Fair Dealing may no longer cover your inclusion of other peoples’ materials and you might be required to seek permission from their owners before you can make them public.
Publish your article or book
Once your work is made available to the public, you are often require to either provide evidence that you have obtained copyright clearance for third party content or sign an indemnity form to protect the repository or publishers from claims of infringement from copyright owners.
Third party content you include in your work ranges from diagrams, charts, maps, photographs, and so on. Sometimes the owners of these works are the publishers themselves; sometimes it rests with the creators themselves. It is your responsibility to arrange the permissions necessary in order to use this work; otherwise it might be necessary to remove those items from your published work.
If you have included extracts from unpublished works such as unpublished theses, private letters, postcards, diaries as well as photographs you will always need permission of the copyright owner before publishing it (this could rest with the estate or archive.) Permission to reproduce this material must be sought before publication.
However, you don't always need the permission of the copyright holder of published materials. Situations when you don't need permission are:
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Direct critique or review of the material
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Short quotations of text provided they are all cite, and your article is non-commercial research
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Copyright on the work has exceeded its term
Terms and conditions on the work allow you to use it without the need to have permission, such as the 'Some rights reserved' licence like Creative Commons BY-SA
You will need to obtain permission from the copyright holder to use the content in all other circumstances. For an in-depth explanation of how to handle copyright issues as you write and then publish you theses, please read our FAQ on theses (coming soon).
Presenting research material at conferences
Unless you are certain that your inclusion of other people’s works in your presentation is covered by Fair Dealing, then check the works’ terms & conditions as these will stipulate if you need permission from the copyright owners in order to share their work with the public through either an ephemeral presentation, a filmed presentation, or in hand-outs distributed on paper or online.
You can also try and source material that is "copyright friendly". For example, Flickr has a wide range of photos licensed under Creative Commons, as does Google Images.
The conference organisers may wish to record your presentation. You have the right to give or deny consent. You also have rights over how the recording is used. These are known as performers' rights. Ideally, they will have a formal agreement for you to sign, but some of the smaller conferences may not use agreements or consent forms. Again, if you give your consent for your presentation to be recorded, you will need to make sure you have the rights to include any copyright material in your presentation in the recording.
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