Copyright is a form of intellectual property that automatically gives the creators or their employers certain rights over how their works can be used by others. In the broadest sense, it allows creators to monetise their creations as well as to be identified as the creator. The Copyright, Design and Patents Act 1988 provides the legal protections for creators whilst also giving a number of exceptions that allow re-use without permission.
Works that are covered by copyright
- Literary works (written works e.g. a book, computer code)
- Dramatic works
- Musical works (e.g. a recording of a song)
- Databases
- Artistic works (e.g. a photo, painting, sculpture, diagram)
- Sound recordings
- Films (e.g. a recording of a moving image)
- Broadcasts (e.g. a transmission of a television programme)
- Typographical arrangements in a published edition
Not everything that a person creates is automatically granted protection by copyright. For example, the written sentence ‘Hello, how are you?’ is unlikely to be protected by copyright as it does not demonstrate creativity or originality, and likely took the individual little effort or skill to write it.
Duration of copyright
- For most published items copyright lasts until the end of the 70th year in which the last creator of that work died
- The typographical arrangement of a publication (e.g. how a printed work has been laid out on the page and arranged) is in copyright for 25 years of the first edition that uses that typography
It is important to note that the copyright duration in unpublished works (e.g. much archival material) may last for much longer than the 70 years after death of the creator.
The UK Government website has a useful and detailed listing that covers the duration of copyright for a range of works.
Copyright owner
Ownership determines control over the work’s use if not covered by a legal exception. Owners have the right to sell the work, license it to others, and object to its mistreatment. Unless overridden by a contract, copyright belongs to the person who created the work. It is crucial to contact the correct owner for permission to use a work, as ownership can change. For example, an academic transfers copyright to a publisher as part of signing a publishing agreement or after a creator’s death it may transfer to their next of kin. Physical ownership of an item does not mean you also own the copyright in the item, these are two separate types of property ownership.
Copyright exceptions
UK law provides a number of legal exceptions so that if you meet certain requirements, you can copy a work that is still in copyright without permission of the copyright owner.
Criticism, review, and quotation
This is a powerful exception as it can be used for both commercial and non-commercial purposes. This allows you to quote or use portions of someone else's work, without permission, if it really is for the purpose of criticism, review, or quotation. The work you are copying from must already be available to the public. You must ensure, when practically possible, that you include at least the title of the work and the author's name, though standard academic referencing would be best practice. You must only use an amount that would be considered 'fair dealing'.
Illustration for instruction e.g. teaching and examination
This legal exception allows you to copy from another person's work for the purpose of giving or receiving instruction, as long as the use is non-commercial. We would consider normal university degree programmes as being non-commercial but some courses such as MOOCs may be considered a commercial activity. When copying a work still in copyright under this exception then you must ensure, when practically possible, that you include at least the title of the work and author's name, though standard academic referencing would be best practice. You must only use an amount that would be considered 'fair dealing'. See also copyright for lecturers for further information on using in copyright works for teaching purposes.
Disability
If someone has a disability that prevents them for being able to interact with a work to the same degree as someone without that disability, then you may be able to convert copy of a work still in copyright in a format that makes it accessible to that person. This does not include impairments that can easily be corrected using glasses. Libraries and Learning Resources provides a number of accessibility support services under this exception.
Performing, playing, and showing works e.g. films
As an educational establishment members of the University can show films, dramatic or musical works as long as the audience only includes staff and students of this University and is part of a university educational activity. If you want to include a wider audience e.g. members of the public or family members then permission, another legal exception, or a licence would be required if the work is still in copyright.
Non-commercial text and data analysis
This exception allows you to copy items to bring together a corpus of materials for computational analysis. To qualify you need to have legal access to the materials that you are copying, and the research must be non-commercial. See full details and information about Text and Data Mining.
Fair dealing
To be covered by the Criticism, Review, Quotation, and Illustration for Instruction exceptions you must deal with the copyright holder in a fair manner. Unfortunately, 'fair dealing' is not defined in UK law. Instead, we must make a case-by-case assessment and judge if our use is 'fair'. The following questions can help you to make that assessment:
- Will the way you are using the work make other people less likely to buy it or compete with the original?
- Is your use of the work necessary? For example, do you need it to demonstrate your point?
- Have you used the minimum amount that you need to make your point?
As well as the above to qualify for fair dealing:
- The work needs to have been made available to the public and
- You must have legal access to the work and
- You must give a reference to the work e.g. standard academic referencing
Items available to re-use under an open licence
Many copyright owners will add a licence to their materials, which are still in copyright, that detail how they can be freely re-used without having to contact the copyright owner for permission. The most known of these are the Creative Commons licences. Find out more about open licences. This can be a fantastic way to find materials for free use within presentations, posters etc. When using items under a licence it is important to understand and follow the full terms of that licence.
Contact us
For advice on copyright matters and University licences, please contact: copyright@contacts.bham.ac.uk
Links
For further information about copyright here are links to various organisations offering further support: