Licenses
In the dynamic realm of creative expression, copyright licenses serve as crucial tools for safeguarding the rights of creators while enabling the dissemination of their works. Understanding the different types of copyright licenses available in the UK is essential for both creators and users of copyrighted materials. This comprehensive guide delves into the world of copyright licensing, empowering you to make informed decisions about the use and protection of creative works.
Unveiling the essentials of copyright licensing
A copyright license is a legal agreement between the copyright holder and the user of a copyrighted work. It grants the user permission to use the work in specific ways, such as reproduction, distribution, adaptation, or public performance. Copyright licenses can be tailored to meet the specific needs of both creators and users, ensuring that the rights of all parties are protected.
Collective copyright licenses for use in Higher Education
The University has the following collective copyright licences:
- Copyright Licensing Agency (CLA)
- Educational Recording Agency (ERA)
- Newspaper Licensing Agency (NLA)
These licences allow authorised users to make limited copies of entire classes of copyright work.
Copyright Licensing Agency (CLA)
Copyright Licensing Agency (CLA)
The University holds a CLA license which allows the copying and sharing copyright material in teaching; however, it does have specific limits that need to be respected.
You can find out more information about the CLA, by having a look at the following CLA guides and tools:
- Check permissions tool
- User guidelines
- Good practice guide
- Role specific guidance – Academic Staff
- Role specific guidance – Library and E-Learning Staff
- Included publishers
We recommend you use reading lists to share resources with your students. You can find more information about how to request new materials, create and update your reading lists and best practice for reading lists.
Educational Recording Agency (ERA)
Educational Recording Agency (ERA)
The ERA licence allows non-profit educational establishments to legally make recordings or copies of TV and radio programmes for educational use. To use recordings of programmes like that a licence is needed. There are currently 22 members of the ERA and more information about the organisations representing producers and owners of rights in sound recordings can be found on the ERA website.
The ERA licence covers all free-to-air (i.e. not encoded or pay-per-view) broadcasts on BBC television and radio, ITV Network services, Channel Four and E4, Five television and S4C. Broadcasts over the internet which are offered at fixed times can also be recorded under the scheme.
The ERA licence underpins the legal access to the Box of Broadcasts service, which provides online access to a vast array of broadcast content.
Additional copies can be made for educational use. The ERA licence does not cover the copying of pre-recorded videos, audio tapes, DVDs or CDs.
All recordings made under the licence must be properly labelled. Recordings on physical media should include the date (when the recording was made), the name of the broadcaster, the programme title and the wording 'This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence'. Recordings stored digitally on a server should include this information as a written opening credit or web page which must be viewed or listened to prior to access to the recording is permitted.
The ERA allows off-site streamed access to recordings if they have been accessed through Learn. However, the jurisdiction of this license is only in the UK, as such broadcasts cannot be shown legally to students outside the UK.
Satellite and cable broadcasts are nor covered by the ERA licence, which means an exception to copyright law can be used, which is section 35 of the CDPA. This exception only applies to material that is free-to-air, like Freeview and Freesat channels and no subscription based providers like Sky Movies.
There is additional information available to Universities by the British Universities Film & Video Council to support teaching and learning.
Newspaper Licensing Agency (NLA)
Newspaper Licensing Agency (NLA)
The NLA media access licence covers access to newspapers and magazines as well as giving permission to establishments who hold a license to make paper and digital copies of newspaper, magazine and news website content.
You can find out more information about the NLA license from the NLA Media Access website.
We recommend you use reading lists to share resources with your students. You can find more information about how to request new materials, create and update your reading lists and best practice for reading lists.
Types of copyright licenses: A spectrum of options
The UK copyright licensing landscape offers a diverse range of options to suit various creative endeavours and usage scenarios. Here's an overview of the most common types of copyright licenses:
- All Rights Reserved (ARR): The most restrictive license, granting the copyright holder exclusive control over all aspects of the work's use.
- Creative Commons (CC) Licenses: A family of open-content licenses that provide a flexible approach to copyright management. CC licenses offer different levels of permission, from non-commercial use to commercial exploitation with attribution.
- Open Government licenses: It covers works published by the UK government. The UK Parliament uses an Open Parliamentary license.
- Software licenses: Legal instruments governing the use and redistribution of software.
- Public Domain: Material to which copyright has expired or has been relinquished.
All Rights Reserved
All Rights Reserved
“All Rights Reserved” is a phrase that originated in copyright law as part of copyright notices. It means that the creator of a work retains all rights under copyright. As such, another person cannot reproduce, distribute and/or adapt any part of the work without your permission.
Although adding a copyright notice is not a legal requirement and does not affect any laws, it serves as a form of reassurance. This notice acts as an extra reminder that copyrighted works cannot be used without the owner's consent. However, if you obtain permission, you may use the copyrighted work. If you plan on using the copyrighted work on a larger scale, such as publishing it for the public, you may need to purchase a license, which may involve a fee.
Creative Commons licenses
Creative Commons (CC) Licenses
Creative Commons (CC) licenses are a response to an outdated global copyright legal system. As a creator of a work, you can decide what license you apply to your work. However, please bear in mind that funders might require a particular CC license.
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. CC BY includes the following elements:
BY: credit must be given to the creator.
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-SA includes the following elements:
BY: credit must be given to the creator.
SA: Adaptations must be shared under the same terms.
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. CC BY-NC includes the following elements:
BY: credit must be given to the creator.
NC: Only noncommercial uses of the work are permitted.
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements:
BY: credit must be given to the creator.
NC: Only noncommercial uses of the work are permitted.
SA: Adaptations must be shared under the same terms.
This license enables reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator. The license allows for commercial use. CC BY-ND includes the following elements:
BY: credit must be given to the creator.
ND: No derivatives or adaptations of the work are permitted.
This license enables reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator. CC BY-NC-ND includes the following elements:
BY: credit must be given to the creator.
NC: Only noncommercial uses of the work are permitted.
ND: No derivatives or adaptations of the work are permitted.
Open Government licenses (OGL)
Open Government licenses (OGL)
The OGL permits anyone to copy, publish, distribute, transmit and adapt the licensed work, and to exploit it both commercially and non-commercially. In return, the re-user of the licensed work has to acknowledge the source of the work and (if possible) provide a link to the OGL.
The National Archives has developed this licence as a tool to enable Information Providers in the public sector to license the use and re-use of their Information under a common open licence. The National Archives invites public sector bodies owning their own copyright and database rights to permit the use of their Information under this licence.
Crown copyright
Crown copyright
Crown copyright is defined under section 163 of the Copyright, Designs and Patents Act 1988 as works made by officers or servants of the Crown in the course of their duties.
Software license
Software license
A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright.
There are various forms of software licenses, such as:
- Proprietary License: a restrictive license which grants the user a limited amount of rights, like installing and using the software on their device but any modifications, redistributions, or reverse engineering are not permitted without the explicit permission of the copyright owner(s).
- Open Source License: these licenses provide users with the freedom to view, modify and distribute the source code of the software. Examples of such licenses are the GNU General Public License and the MIT license.
- Permissive License: these types of licenses allow users a significant amount of freedom in using, modifying, and distributing the software. These licenses have very few restrictions and are often used for their ease. Permissive licenses examples include among others Apache license and Berkeley Software Distribution (BSD).
- Commercial Licenses: these are proprietary licenses which require procurement by users for commercial use. Terms and conditions vary, depending on the license, however they do restrict, modification, redistribution and might require the purchase of additional licenses to cover multiple devices.
For more information about software and licensing, have a look at the Citizenside.com article.
Public domain
Public domain
The public domain (PD) consists of all creative work to which copyright term has expired, the rights have been forfeited or have been expressly waived by their creators. Due to copyright restrictions having been removed by any of the above, no restrictions apply to the use, adaptation or other use protected by copyright.
Such works include the likes of Shakespeare, Leonardo da Vinci, Sir Arthur Conan Doyle, Ludwig van Beethoven, etc. However, any reprinting or new edition of public domain works, will be again protected by copyright.
As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another.
Open Data Commons licenses (ODC)
Open Data Commons licenses (ODC)
The Open Data Commons Licence is a set of legal tools and licences that allows licensees to copy, share, modify and produce data, datasets and databases for any purpose automatically.
The sets are namely:
- Open Data Commons Attribution Licence ODC-By
- Open Data Commons Open Database Licence ODC-ODbL
- Public Domain Dedication Licence PDDL
ODC-BY: Under the terms of this licence, licensees are free to share, create, modify, transform and build upon a dataset or database as long as attribution is given to the licensor and the resulting data is available under the same licence.
ODC-ODbL: Under the terms of this licence, licensees are free to share, create, modify, transform, and build upon a dataset or database as long as attribution is given to the licensor.
PDDL: Under the terms of this licence, licensees are free to share, create and modify, transform, and build upon a dataset or database without necessarily giving attribution to the licensor.
More information and a guide to ODC licensing can be found on the ODC licensing website as well as useful resources.
More help on choosing open source licensing can be found on the Software Sustainability Institute website.
Funders will require certain licenses for your data. For more information on data and how to archive your data, please contact rdm@lboro.ac.uk. There is a handy guide available to download on how to legally share your data.
Selecting the right license: A creator's perspective
As a creator, choosing the appropriate copyright license for your work is crucial for protecting your intellectual property and controlling how your work is used. Consider the following factors when making your decision:
- Intended Use: Determine how you want your work to be used, whether it's for non-commercial sharing, commercial exploitation, or both.
- Control over Use: Decide how much control you want over how your work is used, from unrestricted use to specific limitations.
- Revenue Potential: Consider whether you want to generate revenue from your work through licensing fees or royalties.
Be aware that funders might require you to use open licenses such as CC licenses.
Navigating licensing as a user: Responsible use and compliance
As a user of copyrighted materials, understanding copyright licenses is essential for ensuring ethical and compliant use. Here are some key considerations:
- License Terms: Always review the terms of the copyright license carefully to understand the permitted uses and any restrictions.
- Attribution: Properly attribute the work to the copyright holder, as specified in the license terms.
- Avoid Infringement: Be mindful of copyright infringement, which occurs when you use a copyrighted work without permission or exceed the scope of the license.
Copyright licensing resources: Guidance and support
There is a wealth of resources to guide creators and users through the copyright licensing landscape:
- Intellectual Property Office (IPO): Provides support and advice on intellectual property matters, including copyright licensing in the UK.
- European Union Intellectual Property Office: Provides support and advice on intellectual property matters, including copyright licensing in the EU.
- World Intellectual Property Organization (WIPO): Provides support and training on intellectual property across the globe.
You can also find more information on the copyright webpages or get in touch at copyright@lboro.ac.uk.
Copyright licenses serve as essential bridges between creators and users of copyrighted materials, enabling the responsible use and protection of creative works. By understanding the different types of licenses available, making informed choices about licensing your own work, and complying with license terms when using copyrighted materials, you contribute to a vibrant and balanced intellectual property ecosystem. Embrace the power of copyright licensing and unleash your creativity while respecting the rights of others.