What is copyright?
Copyright is a legal concept that grants authors and artists control over certain uses of their creations for defined periods of time. It limits who may copy, change, perform, or share those creations. (Berkman Centre, 2012:10)
Why is it important?
Failure to observe copyright and intellectual property laws can lead to individual and corporate prosecution, and major reputation damage for your employer.
For this reason, copyright compliance features in our contracts with QA.
Copyright compliance has a moral aspect, too: it means ensuring we are caring colleagues and providing our students with a good example.
What rights are protected?
Authors are entitled to the integrity of their works and to be recognised as their creators, even if they have sold the economic rights. The works created by QA employees are owned by QA, but the employees remain the authors of those works and have the right to be recognised as such.
Rightsholders are entitled to benefitting economically from their works. Piracy is a typical example of infringing the economic rights of copyright holders.
A published work (e.g. a book), contains not only the text but also illustrations; its design and typesetting may be protected too – copying certain designs would infringe the rights of their creators.
Works can be used if...
they are in public domain or licenced under certain Creative Commons, Open Data or similar licences; if in doubt, assume copyright protection applies.
according to copyright exceptions for research or teaching, or other exceptions are applicable.
according to certain licences, e.g. CLA HE, if applicable.
a rights holder’s permission is granted.
Exceptions to copyright
Illustration for instruction
Short excerpts are permitted; fair dealing applies. This exception is particularly relevant for developing QAHE-own teaching content and handouts.
Anthologies for educational use
Short excerpts are allowed; fair dealing applies; most content must be copyright-free. This exception may be helpful for developing QAHE-own study packs and handouts.
Copying and use of extracts of works
Up to 5% per year from a single work not covered by the CLA or NLA licences across an institution is permitted; records must be held. In practice, this exception excludes most English-language textbooks and monographs from copying for classroom use.
Making accessible copies
Full text copying is permitted; records must be held. At QAHE, accessible copies are arranged by the Library.
In law, there is not a clear-cut definition of fair dealing for every possible instance. As a simple test, “what would a fair-minded and honest person think?” (Pedley, 2015:40) can be used and the following conditions observed:
The use of the work does not harm the rights holder’s ability to market or sell the work.
The amount that has been used is reasonable and appropriate.
5% or one chapter from a book, or one article from a magazine are often cited as a reasonable amount permitted for copying under fair dealing; however, this is only rough guidance. For example, depending on the relative importance of the excerpt, copying a short report summary may constitute infringement.
Copying under fair dealing always requires an acknowledgement to be provided.
Lecturers teaching on QAHE franchised programmes in partnership with London Metropolitan University, Middlesex University, Ulster University, Solent University and the University of Roehampton can rely on the CLA HE licence for copying certain publications from those Universities' collections, including for student use.
This does not cover the validated degree apprenticeship programmes (i.e. DTS L6 and CMDA); please use the relevant exceptions to copyright instead.
Further, this does not cover the publications in the QAHE library collection.
QAHE and our partner universities advise that publications (e.g. journal articles) or their excerpts (e.g. multiple ebook pages) should not be uploaded to VLEs unless those publications are in the public domain or a relevant licence (e.g. a Creative Commons licence) applies.
Hyperlinking to the publications available in university or open-access databases (but not, in the latter case, to pirated copies) is always a preferred option.
Examples of copyright infringement in HE practice
Uploading publications onto a VLE; even if a publication is freely available online, it does not mean it can be freely published, including being uploaded onto a VLE.
Converting webpages into PDF files for sharing on a VLE or by email.
Multiple photocopying without written permission from the rights-holder, unless a relevant licence (e.g. CLA HE) applies.
Introducing students and colleagues to pirated content.
Copyright compliance examples
Correct: hyperlinking to a webpage or journal article, or using short extracts for illustration.
Incorrect: uploading articles, images, videos etc. which are or may be under the copyright onto a VLE.
Correct: using copyright-free works or works published under applicable Creative Commons licences.
Incorrect: mass-copying of entire articles, chapters and other substantial parts of published works under copyright, unless an applicable licence (e.g. CLA HE) is observed.
Correct: embedding a YouTube player (or similar) hyperlinked to a video or playing media on the YouTube website.
Incorrect: Extracting videos from YouTube, iPlayer and similar.
Berkman Centre (2012) Copyright for Librarians. Module 1: Copyright and the Public Domain. Available at: http://tinyurl.com/y4blylqt (Accessed 28 May 2020).
Cornish, Graham P. (2019) Copyright: interpreting the law for libraries, archives and information services. London: Facet Publishing.
Pedley, P. (2015) Practical copyright for library and information professionals. London: Facet Publishing.