Intellectual Property and Copyright in the Digital Environment
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Intellectual Property and Copyright in the Digital Environment
1. Why you should understand IP and copyright
2. Using other people's materials
2.1 General information on copyright
2.1.1 Who owns copyright?
Who owns copyright when a work is created?
Can copyright be shared between authors?
Can copyright be transferred to someone else?
Do I own copyright if I own a copyright work?
I wrote this article, so am I the copyright holder?
Who owns copyright in my teaching materials and in work my students produce?
2.1.2 When may works be used without permission of the copyright owner?
Not using a 'substantial part'
Fair dealing
Express or implied licences
Exceptions applying for education purposes
Contracts: A word of warning
Which copyright exceptions apply to use of copyright material obtained on the Internet?
Are there any copyright exceptions in relation to the taking or use of photographs?
Do any copyright exceptions apply to the use of a sound recording?
When might I have an implied copyright licence?
2.1.3 Penalties for breach of copyright
What are the consequences of infringing another person's rights?
What process is likely?
What defences may be available?
How can I reduce the likelihood of being sued?
2.1.4 The Internet, computer programs and digital material
Do digital materials have any special copyright status?
Is material on the Internet copyright protected?
Are computer programs protected by copyright?
Is it an infringement to put other people’s works on the Internet without obtaining permission?
2.2 Obtaining permission to use copyright material
2.2.1 When must I obtain permission?
Is material on the Internet protected by copyright?
I wrote this article/chapter/book – can I put a copy on the Internet/intranet?
Do I need permission to use quotes from another source in my work?
In multiple copyright ownership, is there an order of precedence?
Are database structures and their contents protected by copyright?
What are the implications of digitising a work by an out of copyright author?
What are the implications of photographing an artist's work?
Must I obtain permission for the public performance of music?
2.2.2 Tracing copyright holders and obtaining permission (a licence) to use copyright material
When must I obtain permission?
How do I establish what work is still in copyright?
What are licences? What are licensing schemes?
How do I obtain a licence?
What licences are held by the University of Cambridge?
How do I find out who owns the copyright of a work?
What if a publisher has been taken over?
May I still use the image if I am unable to trace a copyright holder?
When will I need to pay copyright fees?
What disclaimer/ agreements to terms and conditions might be required?
In cases of multiple copyright ownership, is there an order of precedence?
Once I obtain a copyright licence does this cover any use of a work?
What are implied licences?
How should I ask for permission?
2.2.3 Pro forma letters requesting permission to use copyright material.
2.3 How should I acknowledge the work of other people?
2.3.1 What are moral rights?
2.4 Using images in a digital environment
2.4.1 May I take a photograph of an artistic work still in copyright?
2.4.2 May I reproduce a rare book as a slide or postcard?
2.4.3 Can an OHP, slide or photograph be made of an image for classroom use?
2.4.4 May I digitise slides I own?
2.4.5 Do owners of works of art also control copyright?
2.4.6 If I wish to put an image on a website, handout or PowerPoint presentation, must I obtain permission from the copyright owner?
2.4.7 May I download an image from a website?
2.4.8 Can I still use the image if I am unable to trace the copyright owner?
2.4.9 Do I need permission to include images in PowerPoint presentations which are to be made available via the Internet (or an intranet/VLE)?
2.4.10 May I scan an image out of a book?
2.4.11 May I use Microsoft Clip Art in presentations to be made available via the Internet (or the Intranet?)
2.4.12 May students include images in a web page or site which is created as part of an assessed piece of coursework?
2.4.13 When may I use moving images?
2.4.14 Where can I find images on the web?
Freely available images
Images available for a fee
2.4.15 Further advice
2.5 What if I am not keen to obtain permission?
2.6 Copyright and other countries
2.6.1 What copyright applies in other countries?
2.6.2 What if the copyright material is outside the UK?
2.6.3 How long does copyright protection last in other countries?
2.6.4 Which area of jurisdiction applies when images are downloaded over the Internet from other countries?
2.6.5 Am I bound only by the copyright laws of the country which hosts my Internet account?
2.7 On-line security issues
2.7.1 Does a password protected site give me any copyright relief?
2.7.2 Is it possible to assure those who grant permission that their material will not be made available outside a restricted Internet site?
2.7.3 What measures can we take to restrict access and to material available at a protected site?
2.7.4 What disclaimer/ agreements to terms and conditions of entering an intranet site might be required?
2.8 Other rights to keep in mind
2.8.1 Moral rights
2.8.2 Database right
2.8.3 Publication right
2.8.4 Performer's rights
2.8.5 Other rights
2.9 Creating a web page for teaching: some common questions
2.9.1 May I use older texts, such as manuscripts and old books, which have been put on the Internet?
2.9.2 May I copy text from someone else's web page?
2.9.3 May I include links in my web page to other web pages?
2.9.4 Is it an infringement to put other people's works on the Internet without obtaining permission?
2.9.5 If I wish to put an image on a website, must I obtain permission from the copyright owner?
2.9.6 Can I use Microsoft Clip Art in presentations to be made available via the Internet (or the Intranet?)
2.9.7 Do I need permission to include images in PowerPoint presentations to be made available via the Internet (or an intranet)?
2.9.8 Can I put my printed handouts on my web page?
2.9.9 Does a password protected site give me any copyright relief?
2.9.10 Should I include a disclaimer or terms and conditions on my web page?
2.9.11 When could I argue that I have an implied licence to use other people's material on the Internet?
2.9.12 How do I protect the copyright in my own material on my web page?
2.9.13 May I download an image from another person's website?
2.9.14 Can students print out web pages?
2.10 Students and copyright
2.10.1 Can my students copy from the web?
2.10.2 Can a student print a copy of a web page for personal use and one for a friend?
2.10.3 Who owns copyright in the work my students produce as part of my course?
2.10.4 Can a student include a copyright work (such as a copy of an artistic work) in a thesis?
3. Protecting Your Own Rights
3.1 Copyright ownership
3.1.1 Who owns copyright when a work is created?
3.1.2 Can more than one person be the copyright owner of a copyright work?
3.1.3 Can copyright be transferred to someone else?
3.1.4 Do I own copyright if I own a copyright work?
3.1.5 I wrote this article. Am I therefore the copyright holder?
3.1.6 Who owns the copyright in my teaching materials and in the work my students produce?
3.1.7 Is it possible to assert individual ownership over the design or structure of a given web site, as well as its contents?
3.1.8 For how long does copyright last?
3.1.9 What rights do I have as a copyright owner?
3.1.10 When are contractual agreements important to a copyright owner?
3.1.11 How do I license use of my copyright?
3.2 Copyright owners' rights and claiming copyright
3.2.1 What are the rights of copyright owners?
3.2.2 How do I benefit from my copyright?
3.2.3 Do I need to use the © sign to claim copyright on my work?
3.2.4 How do I protect my copyright in an electronic environment?
3.2.5 Should I use an unofficial copyright register?
3.2.6 What are moral rights?
3.3 Licensing copyright
3.3.1 How do I license use of my copyright?
3.3.2 What is collective licensing of copyright material?
3.3.3 Are there other ways of licensing my copyright work?
3.3.4 What are implied licences?
3.4 Copyright, computers, the Internet and digital material
3.4.1 Do digital materials have any special copyright status?
3.4.2 Is material on the Internet protected by copyright?
3.4.3 Are computer programs protected by copyright?
3.4.4 Are database structures and their contents protected by copyright?
3.4.5 How do I assert the copyright in a work I have digitised?
3.4.6 Is it possible to assert individual ownership over the design or structure of a web site?
3.5 How can I enforce copyright?
3.6 Copyright in other countries
3.6.1 How do I get copyright protection in other countries?
3.6.2 Should I mark my work in any particular way?
3.6.3 For how long does copyright protection last in other countries?
3.7 Some information on other rights
3.7.1 Database right
3.7.2 Moral rights
3.7.3 Publication right
3.7.4 Performer's rights
3.7.5 Other rights
3.8 Creating a web page: how can I protect my work?
4. Detailed information on copyright and intellectual property rights
4.1 What is Intellectual Property? What is Copyright?
4.1.1 What is intellectual property?
4.1.2 What is copyright?
4.2 Material protected by copyright
4.2.1 What is protected by copyright?
4.2.2 Can names and titles be protected by copyright?
4.2.3 Is there copyright in facts?
4.2.4 Is material on the Internet protected by copyright?
4.2.5 What are the rights of copyright holders?
4.3 Duration of copyright
4.3.1 For how long does copyright last?
4.3.2 Does the publication right provide protection after copyright expires?
4.4 Ownership of copyright
4.4.1 Who is the author of a work?
4.4.2 Is the author the first (or original) holder of copyright?
4.4.3 If there is more than one author, is copyright shared?
4.4.4 Do I own copyright if I own a copyright work?
4.5 Copyright exceptions
4.5.1 What are the relevant exceptions to copyright?
Fair Dealing – Research for a non-commercial purpose and private study
Fair Dealing – Criticism, review and news reporting
Not using a 'substantial part'
Instruction
Examination
Permitted acts under collective licensing schemes
Permitted acts by copyright owners/rights holders given directly to a user
Implied licences
4.6 Links to legislation and further information
4.6.1 UK legislation
4.6.2 International legislation
4.6.3 More FAQs and guides to good practice
4.6.4 Locating copyright holders
4.6.5 Sample licence terms and conditions
4.6.6 Use of images
4.6.7 Specific guidance
4.7 If I am unsure, who do I contact?
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