1a) Is this image in or out of copyright? - PowerPoint Presentation

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1a) Is this image in or out of copyright?1b) If it is in copyright, why is it everywhere?1c) If it is out of copyright, any idea why it was the subject of a court case?

1a) It is in copyright. Taken by Alberto

Korda (1928-2001) 5th March 19601b) Because the photographer owner has decided to release it for general use without the need to ask permission – hence multiple reuse in various products and multiple adaptations.1c) The photographer owner asserted his moral rights, so despite almost unlimited reuse some protections remain. A Polish vodka company used the image as a bottle label. Che Guevara was teetotal and so use was inappropriate. The company, their media advisers and the agency from which the image was purchased all lost in court as it was decided they should have known this fact about the subject of the image! 10

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2) In late 2014, a previously unknown manuscript of “Mr Tumpy’s Caravan” by Enid Blyton (who died in 1968) was discovered.When do you think copyright expires?

Copyright will expire on 1

st January 2040 and not 1st January 2039 because the work was ‘unpublished’ on the date of her death.All unpublished works whose author died before 1969 will go out of copyright on 1st January 2040. (Some people want such material out-of-copyright now!) 12Slide3

3) Format Shifting.A school of theatre and dance have acquired a large collection of vinyl records from the 1950’s and 1960’s. They want to make the collection available to students but the format hampers this.Can they format shift?Yes - but can only

format shift to make available on a dedicated terminal within the library.Whilst some of the recordings might be out-of-copyright, the underlying copyrights in the words and music may not.Recordings are now 70 years from the end of year made or officially released to the public. The underlying copyright will be 70 years from the death of the writer, composer or principal performer

. These prevent supply in any other way.Incidentally, the right to format shift for personal use was withdrawn within 6 months of enactment, so it remains an activity that is not legal but one which rights holders choose to not pursue if the use remains personal. 16

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4) Is this in or out of copyright?

Believe it or not – this version is in full, 70 years from death, copyright!This is a musical score from the Jonathan del Mar (1951- ) editions of Beethoven’s works. (There are other versions but his versions are probably the most commonly performed and recorded in the modern era!).

2005 case law allows claiming copyright in out-of-copyright works if a ‘high degree of skill and judgement is applied’ – this is especially true of music scores where individual parts are in separate collections, the handwritten score is difficult to interpret, or there are complete sections / instrument ‘voices’ missing and therefore need ‘recreating’! 13Slide5

5) Request to supply from abroadYou receive a request from a library in Belgium to provide a copy of a journal article. Can you do this?Yes you can if not-for-profit.CDPA s42

covers the library-to-library supply of journal articles providing the requesting library is non-commercial.You do not need to request a declaration or check that it meets the standards of their own laws!When you send you should state that the article is provided for the sole use of the requesting user and is provided for that person’s own private study and research.

You can also supply a copy of a section from a book.(Please remember BLDSC has its own rules on this issue). 18

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6) The photographer of the picture on the left claimed the picture on the right is a copy. Is it?

Harney

v Sony Pictures Television Inc 2013 (US case)Share: young girl; blond hair; light pink coat; riding on shoulder; ‘father’ and ‘daughter’ look at camera at same angle; ‘father’ in jacket & tie; only upper body of ‘father’ displayed; ‘father’ is carrying ‘paper’.Differences: Illegibility of text on the ‘paper’ on right (church programme on left; random papers on right); different backgrounds; different seasons/time of day; girl holding a palm leaf on left, arm straight on right.Judge decided shared certain ‘factual’ content but not left hand ‘expressive’ copyrightable elements and therefore found not substantial copying. Appeal court agreed. The ‘fair use’ defence element remained untested because of summary judgement.

This shows MUST take reasonable care even when recreating!

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7) ThesesA postgraduate student points to regulations that require the completed thesis to include the full text of any associated papers or articles derived from the research.Can they comply with the regulations?If yes – how?Any other advice?

Since 2014 only Fair Dealing for Illustration (CDPA s32) so use must be fair or with permission only.One of the tests for fairness is ‘no economic damage’ – and this is likely to be failed if make thesis available via open access. 16,39,40

Strictly (legally) no; practically yes - but some risk involved and has consequences affecting future availability.get permission; redact before release – replace with a bibliography; use author’s final version (one before publisher typesetting) - linked to published; apply embargo after marking;HEI should check regulations to ensure compliance with current law (should allow use of author’s final draft – as per REF2020?).Slide8

8) Is this in or out of copyright?

This ‘edition’ is in copyright.The underlying ‘words’ are out-of-copyright.This is a ‘Knickerbocker Classic’ edition published in 2014 by Race Point Publishing.

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9) Was my use of the clip from a YouTube video legal or illegal?

Original video made available in 2007. Disney not challenged! Why? Probably ‘fair use’ (US law) as all segments from any one film total under 2 minutes and likely to be well under any fair use threshold. Also, perhaps, because film gives a message Disney want to give!My ‘clip’ is 6 seconds of a 15 minute film; use is non-commercial; is fully acknowledged; and has an

‘illustration for education’ use context to the reuse. Therefore, I would suggest defendable under UK fair dealing.However, video and sound captured using film capture software not by download from YouTube; use is not really ‘personal use’ (so has doing this ‘broken’ the website’s terms of use?)Does this then place me at greater risk? It’s a possibility! 17 licencesMixed – and not

absolutely 100%

clear!

R

euse

could be defended under UK Fair Dealing but website terms could place me ‘at risk’!

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10) This page from BMJ.com was used in a journal article. Was permission required from BMJ?

Yes!Websites and their content elements are subject to copyright so to reproduce screenshots requires permission whatever the purpose!However, it is unlikely that use of screenshots in

‘how-to’ use software guides will be challenged. There has also been ‘conversation’ but no challenge, that I am aware of, about gaming how-to’s! 6