Understanding Copyright

Related: Open Access, Creative Commons

In summary


Modern technology makes it easy to copy work by other people. Just because such copying is possible it does not mean it is appropriate or legal. Copyright and the rights of copyright owners are hot topics just now.

Copyright can be a difficult and complex area of law, but the underlying principle is quite simple – that people who produce artistic or intellectual work are entitled to receive financial benefit from their efforts. The development of the internet and modern copying technologies has made it easy to copy works in a host of forms and formats, but ease-of-use does not mean that all such copying is right or legal. The university makes printed material, computers and related equipment available to users on the basis that they are not used for illegal or improper activity.

There are some forms of copying that are permissible, for example copying that can be done for educational purposes, and copying that relates to research or private study.

All the Library, Teaching and Learning ‘Multi Functional Devices’ (photocopiers) have a copyright information page displayed close by. This information page gives an outline of users’ limited rights to copy other people’s work. Read this page before you use the MFDs or scanners and make sure you are aware of your rights and responsibilities when you use copying devices.

At Lincoln University, we operate under four different conditions for copying. These are:

  1. The Copyright Act 1994 and its amendments.
  2. Copyright (Infringing File Sharing) Amendment Act 2011.
    This amendment “provides rights owners with a special regime for taking enforcement action against people who infringe copyright through file sharing“.  Uploading or downloading an infringing file, for example a song, a movie or a book is covered under this legislation. Lincoln University blocks peer-to-peer torrent sites which are currently the main mechanism used for the illegal download of copyright-protected media. Lincoln University may be obliged, under the Act, to investigate any infringements
  3. The Copyright Licence which the Universities have agreed with Copyright Licensing Ltd: Copyright on Campus pamphlet.  This licence permits multiple copies to be made, e.g. for coursebooks, and permits a greater proportion of a work to be copied than is provided for in the Act.
  4. The Universities Music Licence from PPNZ. The Copyright Licence that the Universities have agreed with Screenrights (Screenrights Licence).  Ask for a copy of the pamphlet from your group administrator or the Lincoln University copyright contact person. This licence permits copies to be made from broadcast material e.g. TV or radio and for these copies to be retained and used in class.

If something that you wish to copy is not already permitted by sections of the Copyright Act or by the Licences, you will need written permission from the copyright holder/s of the work in question before you proceed.

For a list of frequently asked questions about copyright, consult Questions and Answers on Copyright for Academic Staff and Students by Tony Millett at University of Waikato.

Third Party Copyright

Third party copyright is material to which another person or entity holds the rights. This can include items such as images; maps; photographs; or tables etc.

If you have included another person’s copyright work, such as an image, in your work (e.g. research paper, journal article, book chapter) and you are publishing your work you will need to gain permission from the copyright holder to include that work. This includes material deposited to the Lincoln University Research Archive, e.g. theses, dissertations, conference presentations.

An alternative is to use works that have an appropriate Creative Commons Licence. For more information refer to Creative Commons Aotearoa NZ Collections

Finding images

  • Images in Wikipedia usually have clear copyright statements that may include a CC licence – click on an image in Wikipedia to determine copyright options.
  • Creative Commons Search and Finding Images – help you find CC images

Permissions

If you are seeking permission to include material from a journal article many publishers have streamlined this process:

  • From the online article look for a link that says Rights and Permissions, Request Permissions or Reprints and Permissions or something similar -follow the instructions.
  • Many publishers are now using a service called RightsLink (a copyright clearance centre) –  fill out the appropriate details and you will be sent a ‘license agreement’ outlining the conditions of use.

For other material, identify who owns the copyright and it is recommended that you seek permission in writing, an email is sufficient. Include:

  • Brief description of yourself and your work, e.g. Masters or PhD student enrolled at LU, undertaking thesis or dissertation.
  • Explanation of how you want to use their work and emphasise, if relevant, that the work is for educational, non-commercial purposes.
  • If item is part of your thesis to be deposited in the Lincoln University Research Archive, consider including a link to the archive.
  • Precise description of the work you want to use and where you have found it.
  • A date by which you would like a response, remembering that the copyright owner is not obliged to respond or give you permission.
  • We provide a sample MS Word form –  thesis-copyright-request – for your use to request permission.

Keep copies of your communications and/or ‘license agreements’ (using EndNote is an option).

For additional information on copyright, publisher contract agreements, etc refer to Author Rights

Teaching Materials

For Semester One 2016 all copyright material is stored in, and accessed from Equella. The following section seeks to clarify the frequently asked questions regarding copyright and teaching materials.

Licences and Legislation

  • Frequent reference will be made to the Copyright Licence, along with the Copyright Act 1994.
  • The Copyright Licence determines or clarifies the use of third party copyright within Lincoln University.
  • Linking to full-text articles from the Lincoln University databases is covered by individual licence agreements with the database vendors.
  • If something that you wish to copy is not already permitted by sections of the Copyright Act or by the Licences, you will need written permission from the copyright holder/s of the work in question before you proceed.

LEARN@Lincoln

Journal articles and book chapters

What:

  • Books (Print to PDF): 10% or 1 chapter (whichever is the greater)
    The Copyright Licence allows University staff to make electronic copies from print copies and place these on a secure University server for access by authenticated students and staff involved in a particular course, i.e. LEARN.
  • Journal articles: One article per issue, unless a special issue

How:

  • Electronic: Link to specific full-text articles in electronic databases subscribed to by the Library.
    This is permitted for some, but not all of the databases subscribed to by the Library. Consult with Library, Teaching and Learning as to which database licences allow this.
  • PDF (of print originals).

Including clips from videos DVDseTV logo

  • You may want to consider using a database such as eTV and Kanopy, Youtube clips or material with an appropriate Creative Commons Licence that allows easy reuse without having to seek permission.
  • If the material has been recorded off-air, then the copying and inclusion in an online course is permitted under the University’s licence agreement with Screenrights Licence; but this licence applies to off-air copying or recording only, and not to videos or DVDs hired or purchased. To include clips from commercial videos or DVDs in an online course, permission would need to be obtained from the copyright owner.
  • Camtasia:
    • Can record a lecture – e.g. Powerpoint
    • Can load into LEARN
    • If a Camtasia recording is made available outside of LEARN and it includes non-compliant third party copyright material/images the images need to be covered with a place holder image.

Newspaper articles

  • Electronic: Link to specific full-text articles in electronic databases subscribed to by the Library.
    This is permitted for some, but not all of the databases subscribed to by the Library. Consult with Library, Teaching and Learning as to which database licences allow this.
  • PDF (of print originals)3% or 3 pages

Coursebooks

Copying material from out-of-print books in Lincoln University Coursebooks

  • If a book is deemed to be out-of-print, that status does not affect the copyright of that book.  Under the Copyright Act section 43(3)(c)  one of the factors to be taken into account in determining whether copying is ‘fair dealing for the purposes of research or private study’ is “whether the work could have been obtained within a reasonable time at an ordinary commercial price”.
  • Under the Copyright Licence are able to give written permission to copy up to and including the whole of an out-of-print book, provided that they are satisfied that sufficient copies cannot be obtained within a reasonable time at an ordinary commercial price. A charge may be made.  Electronic copying of a whole work (e.g. converting to a PDF) is specifically excluded under this clause of the CLL licence.

Copying of newspapers articles in Lincoln University Coursebooks

  • Copyright of articles printed in newspapers is not straightforward. The copyright may be owned by any of the following:
    • a news service, e.g. Reuters
    • the individual newspaper
    • the author of the article
  • Note that there is likely to be separate copyright for photographs or other illustrations, see Third Party Copyright.
  • The Copyright Act 1994, Section 44(3-4), “Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements”, allows copying for educational purposes of up to the greater of 3% or 3 pages of a work, which includes newspapers.
  • It seems to be generally accepted that the 3% / 3 pages limitation refers (in regard to periodical articles) to the individual periodical article, not to the entire issue of the periodical. By analogy, therefore, the 3% / 3 pages limitation applies to the individual newspaper article (which does not often exceed more than one page), not to the entire issue or section of the newspaper.

Copying student’s work for inclusion in Lincoln University Coursebooks

  • Unpublished student work can be included provided permission is obtained from the student author.  Student work is not covered by the CLL licence.

Including illustrations, maps, photographs or cartoons in Lincoln University Coursebooks

  • The Copyright Act 1994, Section 44(5) “Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements”, allows copying of the whole of an artistic work for educational purposes only if the artistic work is included within the part of a work being copied under the terms of section 44(3-4).
  • However, the Copyright Licence agreement allows the copying of an artistic work, diagram or illustration published in a copyright work, unless there is a copyright statement attached to the artistic work, for example “reproduced with permission”.
  • For any other copying, including the copying of loose maps, photographs, cartoons or other artistic works, it is necessary to obtain permission from the copyright owner. A fee may be charged.
  • You may want to consider using material with an appropriate Creative Commons Licence (LINK) that allows easy reuse without having to seek permission.

Including multiple chapters of a book in Lincoln University Coursebooks

  • The the Copyright Licence permits “Copying of up to 10 per cent of a work (other than an article in a periodic al publication) or one chapter of the work, whichever is the greater”. Copying beyond this requires the prior written permission of the copyright owner or CLL.

Printing online resources (e.g. from the databases, or an e-journal) to include in Lincoln University Coursebooks

  • Some of the licence agreements that Library Teaching and Learning has with electronic journal and database vendors allow printing for print coursebooks, while others do not. Check with LTL staff.
  • Note that the Copyright Licence covers print-to-print or print-to-electronic copying.

Using questions from a text-book in Lincoln University Coursebooks

  • The Copyright Licence allows copying of up to 10% or one chapter of a work, whichever is the greater. The licence does not say that the 10% has to be consecutive pages. Attribution to the original text must be included.

Including printouts from New Zealand Government web pages in Lincoln University Coursebooks

  • You should assume that there is copyright on items made available on the internet, unless the copyright owners have specifically stated that copyright is waived, or that the material is in the public domain, or that the material may be freely copied.
  • Government website and agency are frequently covered by Crown copyright (100 years) (section 26, Copyright Act 1994), unless the material falls into one of the types of works listed in section 27, Copyright Act 1994. Increasingly these sites are using Creative Commons Licences.
  • The Copyright Act does allow educational institutions to store a copy of pages from a work that is made available on a website or other electronic retrieval system and make this available to authenticated users for an educational purpose.
    An alternative is to direct students to the URL of the website so that they can access relevant documents, or use material with that is available under a Creative Commons Licence.

Lectures

Including clips from videos or DVDs in lectures

  • The Copyright Act allows “The playing or showing, for the purposes of instruction, of a sound recording, film, broadcast, or communication work …”,  provided that the audience consists of “persons who are students or staff members at an educational establishment or are directly connected with the activities of the establishment”. So unless when hiring or purchasing the video/DVD you sign a licence agreement that prohibits this (thereby overriding the Copyright Act), you may show clips of videos in lectures.
  • You may want to consider using Youtube clips or material with an appropriate Creative Commons Licence that allows easy reuse without having to seek permission.

Including copyright material in a PowerPoint presentation

  • A staff member (or student) giving a presentation can include copyright material (third party copyright) which allows copying into either print or electronic format “by means of a reprographic process or by any other means”, provided that:
    “(b) The copying is done –
    (i) In the course of preparation for instruction; or (ii) For use in the course of instruction; or
    (iii) In the course of instruction; and
    (c) The copying is done by or on behalf of the person who is to give, or who is giving, a lesson at an educational establishment; and
    (d) No more than one copy of the whole or part of the work or edition is made on any one occasion”.
  • It should be noted, however, that in his High Court Judgment dated 22 February 2002, Salmon J. ruled that copying under section 44(1) must be “for the instructor’s purpose of preparing and giving the lesson”, and not for other purposes. Therefore a copy of the PowerPoint presentation which contains copyright material may not be photocopied for students , or loaded into LEARN. Staff members may also copy copyright material into a PowerPoint presentation under section 44(3-4), within the 3% / 3 pages limitation.

We are happy to respond to all queries, so if in doubt,  contact us.