Copyright basics
In the field of intellectual property, copyright stands as a cornerstone of protection for creative expressions. As a University student, researcher, or staff member, you are likely to encounter copyrighted works in various forms, from literary and artistic creations to scientific discoveries and technological innovations. Understanding the fundamental principles of copyright law is essential for ensuring ethical and responsible use of these materials.
Navigating the UK copyright landscape: A practical guide
Copyright is an exclusive economic right granted to the creator of an original work to permit or prevent other people from using it. Works are protected regardless of the artistic merit, although they need to be original and created by a "natural person". Copyright protects the expression of an idea, and not the idea itself.
Copyright is one type of Intellectual Property (IP) right: patents, designs and trademarks are others. If you need information about other kinds of IP, please get in touch with the Research and Innovation Office (staff) or Loughborough Enterprise Network (students and graduates).
As a University community member, understanding the UK copyright framework, the Copyright, Designs and Patents Act 1988, is crucial for responsible and ethical use of copyrighted materials. Here are some key considerations:
- Copyright arises automatically upon creation: No registration is required to obtain copyright protection.
- Copyright duration: Copyright generally lasts for the life of the author plus 70 years.
- Public domain: Works that fall into the public domain are no longer subject to copyright restrictions.
- Copyright exceptions: Carefully consider the applicable copyright exceptions before using copyrighted materials.
- Seek permission: Whenever in doubt, contact the copyright holder to seek permission for use.
Copyright at the University: Requirements for staff
The University has a Copyright Policy. Please do acquaint yourself with our policy, so that you know what materials you own copyright to and what materials the University has copyright.
Please note the policy refers to academic communications and provides examples of some of these types of materials. For purposes of clarity, academic communications also include monographs, book chapters, scholarly editions and textbooks etc. These however, are not specifically mentioned in the policy as only selected materials are included as examples.
In the University’s Conditions of Service, it requires all members of staff to respect and observe the principle of copyright protection for all qualifying works in accordance with current legislation, principally but not limited to the Copyright, Designs and Patents Act 1988.
Guidance on broadcasting music via radios, computers, MP3s, phones, and other devices on campus and in campus buildings
We all enjoy listening to music or the radio throughout our working day however, as a University and non-domestic area we need to comply with the terms of the Copyright, Designs and Patents Act 1988. This means that, throughout the campuses, when music played via a radio, computer, mp3, phone or another device can be heard by more than one person in a “non-domestic” area, two or more licences will frequently be required. The Act’s definition of “non-domestic” is very broad, and includes all offices, public areas of all buildings, corridors and outdoor spaces.
As working at the University in an office space, qualifies as being in a non-domestic area, if you wish to broadcast music, i.e. play music out loud in an office or other open areas, you will need to establish if the department or building you work in holds a Music License for the space.
If your department or building does not hold a Music License, you are in breach of the Copyright, Designs and Patents Act 1988 if you broadcast radio, music or movies through any device which can perform said actions. If you wish to play music in non-domestic areas on campus which do not have a license, please do so by the use of personal headphones or obtain the relevant license.
The University’s IT Acceptable Use Policy expects all members of staff and students to deliver good practice and legal compliance in relation to copyright matters.
The University’s Regulation 1: Library section 6 expects users to abide by the Copyright, Designs and Patents Act 1988.
The University’s Ordinance XXXIX outlines the ownership and commercial exploitation of intellectual property including copyright for staff and students.
Copyright essentials: Unveiling the basics
Copyright law safeguards the rights of creators, granting them exclusive control over the reproduction, distribution, adaptation, and public performance of their works. This protection extends to a wide range of creative expressions, including:
- Literary works: Novels, poems, plays, essays, and other written works.
- Artistic works: Paintings, sculptures, photographs, films, and other visual and auditory creations.
- Musical works: Compositions, arrangements, and recordings of musical pieces.
- Dramatic works: Plays, screenplays, and other works intended for theatrical performance.
The copyright owner: Understanding exclusive rights
Copyright ownership bestows upon the creator a bundle of exclusive rights, empowering them to:
- Reproduce the work: Create copies of the work in any tangible form.
- Distribute the work: Make copies of the work available to the public.
- Adapt the work: Create derivative works based on the original work.
- Perform the work: Publicly present the work, such as through live performances or screenings.
- Communicate the work to the public: Make the work available to the public through digital means.
Copyright duration: Protection time of copyrighted works
Copyright has an expiry date. When a work’s copyright has expired it enters the ‘public domain’ and the work becomes free for anyone to copy and reuse.
|
Type of work |
How long copyright usually lasts |
|
Written, dramatic, musical, or artistic work |
70 years after the author’s death |
|
Sound and music recording |
70 years after its first published |
|
Films |
70 years after the death of the director, screenplay author and composer |
|
Broadcasts |
50 years after its first broadcast |
|
Layout of published editions of written, dramatic, or musical works |
25 years after its first published |
|
Unpublished works where the author died before 1969 |
Until 31 December 2039 |
If a work has multiple authors, the expiry of the copyright is calculated from the death of the last surviving author.
Remember, copyright covers the layout of printed editions too. Even if the original author has been dead for over 70 years, the layout of an edition of their work that’s less than 25 years old will still be under copyright.
Exceptions to copyright protection: A balancing act
While copyright law safeguards the interests of creators, it also recognizes the need for fair dealing and other exceptions to ensure the dissemination of knowledge and creativity. These exceptions allow for the use of copyrighted materials without the express permission of the copyright holder under specific circumstances, such as:
|
Name of exception |
Purpose |
Activities covered |
CDPA section |
|
Research or |
Allows students |
Making personal Copying images |
|
|
Quotation |
Allows anyone to |
Includes Potential use of |
|
|
Accessible |
Allows individuals |
Digitising print Format shifting Creating subtitles |
|
|
Illustration for |
Allows teachers |
Including text, Adding content to |
|
|
Educational |
Allows any |
Screening a film |
|
|
Recording of |
Allows |
Underpins the |
|
|
Making multiple |
Allows |
Copying of book Copying up to |
Fair dealing
Fair dealing is an exception under copyright which allows you to use copyrighted works under the consideration that the use of the material will be fair. There is no statutory definition of what is fair, and the courts will decide that on a case-by-case basis. It can be quantitative as well as qualitative. There are certain questions you can ask yourself to determine if the use will be fair:
- Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
- Is the amount of the work taken reasonable and appropriate?
- Was it necessary to use the amount that was taken?
Usually, only part of a work may be used. The relative importance of any one factor will vary according to the case in hand and the type of dealing in question. Please be aware other countries have different rules and do ignore anything that mentions fair use.
Embrace the power of knowledge: Enhancing copyright literacy
Equipping yourself with a thorough understanding of copyright law empowers you to make informed decisions, protect your own creative works, and avoid potential infringements. By embracing the principles of copyright, you contribute to a vibrant and balanced intellectual property landscape, fostering innovation, creativity, and the dissemination of knowledge.
You can find more information explained in a simple way, on copyrightuser.
You can also find out more information on these pages and in our self-guided training section.
Navigating the digital realm: Copyright in the age of technology
The digital age has revolutionized the way we create, share, and access information, presenting both opportunities and challenges for copyright protection. As a University community member, it is essential to remain informed about the evolving landscape of copyright in the digital realm. Familiarize yourself with the copyright implications of using online resources, social media platforms, and collaborative tools. You can find information to all of those within these pages.
Please bear in mind that content found on the Internet is still protected by copyright.
Fostering a copyright-conscious campus: Embedding awareness and education
Universities play a critical role in promoting copyright literacy and awareness. Engage with copyright workshops, seminars, and online resources to enhance your understanding of copyright law and its practical applications. Encourage open discussions about copyright issues within your academic circles, fostering a culture of responsible and informed use of copyrighted materials.
A quick guide to copyright considerations is available to download.
Ethical and responsible use of copyrighted materials is fundamental to maintaining a balanced intellectual property ecosystem. By adhering to copyright principles, you ensure that your research, assignments, and creative projects are grounded in integrity and respect for the works of others.
For further information or support, contact the Copyright and Licensing Manager, at copyright@lboro.ac.uk.
Part of this guidance is adapted from University of Oxford copyright guidance which was adapted from the University of Kent Copyright Guidance by Chris Morrison and Angela Groth-Seary (2020) https://doi.org/10.22024/UniKent%2F01.02.92664, and is published under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0).