Emily Stannard (@copyrightgirls) Changes to Copyright Law CILIP SW Members' Day presentation 12 March 2015

1. 13 March 2015
Changes to the Law
An Overview
© A presentation for
CILIP’s ARLG-SW
12 March 2015
By Emily Stannard

2. A. © David Slater
B. © Black Macaque
C. ©
Copyright
can be fun!

3. New Statutory Instruments issued
April 2014
1. Personal Copies for
Private Use
2. Quotation and Parody
3. Public Administration
4. Research, Education,
Libraries and Archives
5. Disability
3,4 & 5 became law on June 1st 2014
1 & 2 became law on October 1st 2014

4. s.29A: Copies for Text and Data
analysis for non-commercial research
• NEW!
• Copies of works made under this exception do not infringe
copyright provided:
– The person making the copy has lawful
access to the work
– They are doing a computational analysis of
what is recorded in the work
– For a non-commercial purpose
– The copy is credited to the rightsholder
(unless impossible by virtue of practicality)
• No contract override 4

5. 5
s.31: Disability Regulations
(formerly visual impairment)
Equal rights for disabled people:
ability to enjoy a work
Accessible copies can be made
of all works for personal use
provided they are not already
available commercially
on reasonable terms
No contract override
Sum charged for making copy
must not exceed the cost of making and supplying it

6. s. 31B: Making accessible copies by
authorised bodies*
• Works must be published & lawfully held
• No accessible versions available commercially on
reasonable terms
• Copy-protection to be carried over into the accessible copy
(if it is reasonably practicable)
• TPMs / DRM should not be circumvented
*Educational establishment / a body not conducted for profit
6

7. s.31BA/BB: Making and storing
accessible copies
• Intermediate or ‘master copies’ can be stored / supplied
by/between authorised bodies
• Records must be kept of all accessible copies made and
stored
• Within a reasonable time of making the copy, the
authorised body must notify a collecting society
representing relevant rightsholders or the copyright
owner
7

8. s.35: Recording of broadcasts
(educational establishments)
• Extended to cover communication off-premises
via a secure electronic network (i.e. VLE)
• If licences are available for this activity then this
exception is negated
ERA licence likely to take precedence in most cases
8

9. s.36: Copying and use of extracts of
works (educational establishments)
• Copies must be made for non-commercial purpose and
for instruction
• Sufficient acknowledgement of source
• Communication must be via a secure
electronic network (e.g. a VLE)
• Does not apply to broadcasts or standalone
artistic works
• Up to 5% of a work may be copied per year by
an educational establishment
• Licences take precedence (e.g. CLA)
9

10. What about VLEs now?
Scanned literary works - licence terms, annual reporting
Electronic subscription licences / CLA licence
Newspaper articles – NLA licence
Maps – DigiMap licence permits map use with appropriate
copyright notice
Broadcasts – ERA+
Images – standalone images require permission but
images included in another work do not
Films/Sound Recordings – currently no licences available for
use in VLEs – exception will apply

11. 11
s.40B: Libraries making
works available via
dedicated terminals
Allows digital collection
items to be viewed on site
for ALL research / private
study
Works must have been
lawfully acquired
If work is subject to
purchase/licence
agreement, communication
must be compliant with that
agreement
Applies to libraries, archives,
museums and education

12. 2014 - C-117/13 Technische Universität
Darmstadt v Eugen Ulmer KG
• University library scanned books to allow electronic
consultation from dedicated terminals
• Users could print out or store the works on a USB stick
• Having unsuccessfully offered the university the possibility of
purchasing its own ebooks, the publisher Ulmer started
proceedings for copyright infringement over unauthorised
scanning
• CJEU held that European libraries can digitise works in their
collections but are limited to only display these works at
dedicated reading terminals (unless there is a national
exception)
• Conclusion? Libraries can digitise works they own for
display on dedicated terminals but can’t permit users to
print out the works on paper or store on USB sticks
unless fair compensation is paid to the rightsholder
12

13. s.42: Preservation Copying
– Applies to all copyright works
– Must be part of permanent collection (kept
wholly or mainly for reference)
– Copy as many times as necessary
– Must not be able to reasonably purchase a
replacement
– No contractual override
– Can make a replacement copy for another
library/museum/archive (not for profit)

14. 14
s.41: Library Privilege: supply of
single copies to other libraries
Receiving library must not be conducted for profit
Authorisation required if the librarian can find out the name and address of
person entitled to authorise the making of the copy (not applicable to
journal articles)
Can make a charge to cover cost of production / no contract override

15. s.42A: Library Privilege: supply of
published works to users
• Article in periodical /
reasonable proportion of a
published work
• Supplied by a not for profit
library
• User must provide a
declaration in writing:
– Name & requested material
– Not previously been supplied with
a copy of that material
– No other person with whom they
work/study intends to make a
similar request at the same time
• Charge to cover cost of
production / no contract
override
15

16. s.43: Unpublished works:
supply to users
Can only supply users with a single copy
of an unpublished work if:
16
• The work had not been published before it was deposited or
• The rights owner has not expressly prohibited copying
Same declaration by user as for request
for copy of published works
Can make a charge to cover cost of
production
Contracts/licence terms can override this
exception

17. What’s changed for Librarians?
• Preservation copying covers all works
• Declaration form wording no longer statutory
• E-signatures / digital forms / tick boxes accepted for inter-
library loans
• Charge must cover cost of production (no need to
contribute to the library)
• Librarians can copy all types of work for persons doing
non-commercial research / private study
• Can make works available for display via dedicated
terminals
17

18. Fair Dealing
 Not to be confused with fair use!
 Non-commercial research and private study
 Criticism, review, quotation & parody
 News reporting (not photographs)
 NEW Illustration for Instruction
 All require sufficient acknowledgement of author

19. Will somebody please tell me what
Fair Dealing actually means??!
19
Image:‘Confusedcatisconfused’fromFlickrbyNoahSussman,usedunderaCC-BYlicence
https://www.flickr.com/photos/thefangmonster/5037603972

20. The exceptions and limitations shall only be applied
in certain special cases which
do not conflict with a normal exploitation of the
work or other subject-matter and
do not unreasonably prejudice the legitimate
interests of the rightholder.
Berne 3 step Test / Information Society Directive

21. Fair Dealing
Objective test: Would a fair-minded and honest
person have dealt with the copyright work in the way
that the defendant did for the relevant purposes?
• Consider:
– Does the infringing use compete with exploitation of
the copyright work by the owner?
– How extensive is the use, and what is the importance
of what has been taken?
– Are there any other relevant factors (such as the
motives of the infringer)?
21

22. 22
s.29: Non-Commercial Research & Private Stud
Applies to all types of
copyright work
Synchronises with
library privilege
Restrictive contract
terms unenforceable –
no contract override
Image from Flickr: ‘Researching and taking notes’ by Jimmie. Used under a CC-BY
licence https://www.flickr.com/photos/jimmiehomeschoolmom/3968018385

23. 23
s.32: Illustration for Instruction
• Purpose must be non-commercial
• Accompanied by acknowledgement
if possible
• Includes examination use
• No contract override

24. Quotation
• Use of a quotation from the work (whether for
criticism, review or otherwise) provided that:
– Work has been made available to the public
– Use is ‘fair’
– Extent of quotation is no more than required by
specific purpose
– Quotation accompanied by sufficient
acknowledgement (where possible)
• No contract override
24

25. Commercial Libraries
New exceptions that apply:
• Supply of journal articles to not-for-profit
libraries
• Digitising and making work available on
dedicated terminals
• Fair dealing for criticism, review, quotation
and parody
• Illustration for instruction (provided purpose is
non-commercial e.g. internal training)
• Supply of unpublished works to users
• Copying for preservation purposes
25

26. To Recap: Acts Permitted
Education & Instruction
Special Provisions for Libraries & Archives
Provisions for the Visually Impaired
Judicial & Parliamentary
Proceedings
Fair dealing
Acts done under statutory authority
26

27. What’s next for UK copyright?
• New IP Minister Baroness
Neville-Rolfe says:
– Strengthening the IP
framework, maximising
business innovation and
driving growth
– Concentrate on Europe &
international scene to
ensure proposed copyright
reform and digital single
market meets the interests
and needs of the UK
27

28. Predictions?
• Court cases involving new
exceptions (UK)
• New exceptions for user-
generated content and e-
lending? (EU)
• To achieve digital single
market, copyright law must
be modernised /harmonised
(single Copyright Title? EU)
28

29. Recommended Reading
Tim Padfield – Copyright for Archivists and Records
Managers – 5th edition due out April
Graham Cornish – Copyright: interpreting the law for
libraries, archives and information services - new edition due
out soon
Charles Oppenheim – The No-Nonsense Guide to Legal
Issues in Web 2.0 and Cloud Computing

30. Intellectual Property Office
https://www.gov.uk/government/organisations/intellectual-property-office
Twitter: @The_IPO
 Unofficial consolidated text of CDPA with changes
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/30872
9/cdpa1988-unofficial.pdf
Copyright User (making copyright law accessible to all)
http://copyrightuser.org/
Libraries and Archives Copyright Alliance (LACA)
http://www.cilip.org.uk/cilip/advocacy-awards-and-projects/advocacy-and-
campaigns/copyright
Twitter: @UKLACA

31. Thanks for Listening!
Follow me on Twitter! @copyrightgirl
Blog: Copyright For Education
http://copyright4education.blogspot.co.uk/