Copyright for Staff: Copyright and ELE

E-books mean that students can access the book from anywhere at any time.  There are still restrictions on downloading and printing but not reading.

Remember when you order books you can tick the box on the order form to have an e-copy if one is available.

When linking to them on ELE bear the following things in mind:

• You can link to the catalogue records of electronic books owned by the University. To do this: go to the catalogue record, right click on   “Persistent link to this record” and copy, then create a hyperlink in the reference to the item in your module .

• It is permitted to link to books that you have found on the Internet, e.g. via Google Books or other such websites. However, be aware that such materials can be removed at any time without notice, so this is not good practice for core texts. Also, many such books are incomplete, so check that all the relevant pages are present.

• You must not download an entire book and put this on ELE. Even if it appears to be possible it is unlikely that this is legal; it is always better to put up a link out to the item. Additionally, large files are likely to be problematic for your students, e.g. when printing.

• We are currently unable to download .pdfs of individual book chapters and put them in ELE without permission from the publisher. However if you are finding you or your students are having issues accessing or printing chapters then please get in touch with our Liaison Librarian team who may be able to help.

If you wish to scan a chapter of a book and put it up as a .pdf in your module you need to bear the following things in mind:

• The Library must own a copy of the book.  It does not count if you or a colleague owns a copy or you have a copy in your office or you have borrowed it from elsewhere, even the British Library on Interlibrary loan.
   
• Even if we own a copy of the item and despite our paid for licences many publishers and countries do not allow scanning of their materials at all. It is therefore essential to check the permissions for every item by using the CLA Title Search:  https://www.cla.co.uk/he-new
   
• You can scan only one chapter or 10% (whichever is larger) of a book in total per module.  Different editions do not count as different books.
   
• Each scan must have a correctly completed copyright cover sheet as its frontispiece. In order for this to happen it needs to added to the Digital Content Store.  The quickest way to achieve this is to talk to the Resource List team in the library who can help you with this.
   
• It must be made accessible only via a University login and via that module only. It must not be made openly accessible online or passed around to students, colleagues etc.  by email or other means.
   
• All scans made by staff from copyright materials, such as books and journals,  have to be reported to the Copyright Licence agency on an annual basis. The quickest way to achieve this is to talk to the Resource List team in the library who can help you with this.
   
• You are not allowed to scan items you have received on Inter Library Loan as a photocopy.  These have been obtained under the agreement they are used only by you as an individual.   However the resource list team in the Library can try to get you a copyright cleared copy of items which can be placed on ELE and used by your whole class.

You can link to the catalogue records of journal titles to show their location and availability.
 
To do this:

• Go to the catalogue record
• Right click on “Persistent link to this record”
• Copy
• Create a hyperlink in the reference to the item in your module 

If you wish to scan a journal article and put it up as a .pdf in your module you need to bear the following things in mind:

• The Library must own a copy of the journal issue.  It does not count if you or a colleague owns a copy or you have a copy in your office or you have borrowed it from elsewhere, even the British Library on Interlibrary loan.
   
• Even if we own a copy of the item and despite our paid for licences many publishers and countries do not allow scanning of their materials at all. It is therefore essential to check the permissions for every item by using the CLA Title Search:  https://www.cla.co.uk/he-new
   
• You can scan only one article or 10% (whichever is larger) of a journal issue in total per module.  But you can scan one article from each issue of the same title per module.
   
• Each scan must have a correctly completed copyright cover sheet as its frontispiece. In order for this to happen it needs to added to the Digital Content Store.  The quickest way to achieve this is to talk to the Resource List team in the library who can help you with this.
   
• It must be made accessible only via a University login and via that module only. It must not be made openly accessible online or passed around to students, colleagues etc. by email or other means.
   
• All scans made by staff from copyright materials, such as books and journals,  have to be reported to the Copyright Licence agency on an annual basis. The quickest way to achieve this is to talk to the Resource List team in the library who can help you with this.
   
• You are not allowed to scan items you have received on Inter Library Loan as a photocopy.  These have been obtained under the agreement they are used only by you as an individual.   As already stated the University Library must own a copy of anything you want to scan.

Under our licence you can save .pdfs from online journals and then put them up in ELE.

However please bear these points in mind:

• The Library must have a subscription to the specific issue of the journal. Search the library catalogue by Journal Title to check whether we subscribe to a particular journal and the issue you need.
   
• To avoid any copyright problems it is preferable to link out to the journal article rather than to save and upload the .pdf to ELE. This will also save a lot of space on ELE.
   
• To do so, use the persistent link to the article which can usually be found on its initial description and abstract page.  This will ensure continued access to the article.  Often this persistent link can be a Digital Object Identifier or DOI, this is a series of characters, numbers or letters which create the link.  If you don't use the correct link then you may find that any users off campus cannot access the article.
   
• It is permissible to link out to Open Access journals, but ensure that they are from a reputable publisher or supplier and have not been illegally put up online where they can easily be removed at a moment’s notice.

Copyright applies to many aspects of newspaper content, for example copyright pertains to the articles themselves, images,  adverts, the font , the layout etc.

It is illegal to scan newspaper articles and put them up in your module, even partial articles or just the images. 

Instead, link to the article via one of our subscribed databases available via the Databases.  One of the best services to use is Nexis UK, which covers all the major UK tabloids and broadsheets. 

We also have subscriptions to many historical and some international newspaper collections. 


Our NLA Licence

The University subscribes to an NLA Licence.

The licence is specific as to the list (repertoire) of newspapers it covers - broadly, the national dailies and Sundays. There is also a supplementary list of regional/local titles that can be added to the licence.

The University requires a licence for administrative and teaching purposes; public relations and internal management activities require routine circulation of cuttings, while teaching staff may wish to use extracts from newspapers as teaching materials.

Members of the University are allowed to:

• make photocopies (up to 250) of an individual article from a newspaper
• copy for transparencies
• transmit internally by fax
• run a clippings service
• distribute and archive cuttings electronically from a majority of listed titles

The licence does not cover photographs and advertisements or reproduction of the whole of a newspaper.

Each copy made within the University as part of its internal clippings service or for its students must be prominently endorsed with a notice in lettering no smaller than 6pt and saying “With permission, copied from [title of relevant newspaper] dated……”

For more details about the licence go to the NLA Website or contact copyright@exeter.ac.uk .

The website versions of many newspapers such as the Times or Guardian are often archived behind a paywall having initially been freely available.   They also will ask for a subscription to read the complete articles.

Please note that it is illegal to copy and paste an online news story into a Word document or .pdf and continue to provide access to it when it is no longer freely available online.

It is best to provide a link out to the article if it is online or look to see if it available via our subscribed news services such as Nexis UK via our Databases

The University subscribes to Edina's Digimap resources so:

• You can view, annotate and print maps from a variety of geospatial data providers
• You can download geospatial data for use in CAD and GIS systems
• You can access information about geospatial data and resources

Access this via our Databases.

There are licences for each collection which you can access via the website Digimap's Licence Agreements here.

For more details about the reproduction of Ordinance Survey maps see the OS website or contact copyright@exeter.ac.uk .

It is possible to include a TV programme, film or documentary as a resource in your module. However, very stringent copyright around these resources is imposed by the ERA (Educational Recording Agency) and other bodies.

NOTE: We subscribe to collections of film clips which are available under licence for re-use, e.g. Film and Sound Online. To browse these resources, select ‘Audio visual resources’ from the ‘resource type’ drop-down menu in the Electronic Library. 

Box of Broadcasts

The best service to use for programmes and films is Box of Broadcasts. This is an off-air recording and media archive service subscribed to by the University. It allows all staff and students to choose and record any broadcast programme from 60+ TV and radio channels. The recorded programmes are then kept indefinitely (no expiry) and added to a growing media archive (currently at over 1 million programmes), with all content shared by users across all subscribing institutions. 

It also allows you to record and catch-up on missed programmes on and off-campus, schedule recordings in advance, edit programmes into clips, create playlists, embed clips into ELE, share what you are watching with others, and search the growing archive of material.

If you want to know more get in touch with your Subject Librarian.

YouTube

There is a wealth of material on YouTube some of which is plagiarised, some of which is copyrighted and some of which is perfectly legal to use. 

YouTube does not become involved in rights ownership disputes, so it is the responsibility of the end user to determine whether it is legal to use specific content.  Therefore, if you are not the owner of the film or are unable to ascertain whether its use is legal, do not use it.

YouTube have a large section on copyright if you wish to find out more: http://www.youtube.com/yt/copyright/en-GB/

The ERA+ Licence

The University subscribes to an ERA+ Licence

Although copying of commercial videos remains illegal and OU programmes require separate permissions, the Educational Recording Agency (ERA) licence allows the recording and retention of off-air broadcast (TV and radio) and cable material.

Features include:

• the making of unlimited numbers of copies of programmes (or extracts)
• indefinite retention of copies
• ability to edit (but not adapt) recordings

All recordings or copies made under a licence must be marked with the date and title of the recording and with a statement in clear and bold lettering that “this recording is to be used only for educational purposes”; all those amassing such material should undertake and maintain listings of TV or radio programmes which are recorded and the number of such recordings made, answering monitoring questionnaires and surveys when requested.

For more details about the licence go to the ERA Website or contact copyright@exeter.ac.uk .

Because sound recordings may comprise various elements, there are three types of copyright which may apply:

1. Music - Copyright for a musical work expires after seventy years from the end of the calendar year in which the composer died.
2. Words - For spoken word recordings or where a piece of recorded music has accompanying lyrics or text, this text is copyrighted until after seventy years from the end of the calendar year in which the author died.
3. Recording - Copyright for a recording expires after fifty years from the end of the calendar year in which it was released.

So what copying is possible for use in ELE?

You can copy all or a substantial part of a recording for the purpose of criticism or review, providing that due acknowledgement is given. So always reference your clip completely.

If you can find the clip or recording online then link out to it if at all possible to minimise any problems.

Copyright free recordings

There are several places you can go to find sound clips and recordings but a good place to start is the Library’s Databases.  Select ‘Audio visual resources’ from the ‘resource type’ drop-down menu to find some useful collections or get in touch with your subject librarian for more help.

Two good services you will find on there are:

• Box of Broadcasts
  (see the section under Film and Video to find out more about this service)
• British Library Sounds
  This service presents 50,000 recordings and their associated documentation from the Library’s extensive collections of unique sound recordings which come from all over the world and cover the entire range of recorded sound: music, drama and literature, oral history, wildlife and environmental sounds.

But there are many more.

Images, including photographs, illustrations or diagrams from books, journals or the web are subject to copyright in their own right. Be aware that there can very often be more than one set of rights in an image, for example, a photograph taken in 1999 of a painting by Van Gogh – the painting is clearly out of copyright but the photograph is still protected.

So before you include any images in ELE taken from the internet you must have the permission of the rights owner.

Copyright in artistic works lasts until 70 years after the death of the artist/photographer. However, there may be other legal protection preventing you from using the work e.g. a cartoon character may be registered as a trademark.
 

Copyright-free images

The Library has access to large online collections of images that you can use, select ‘Images’ from the ‘resource type’ drop-down menu in the Databases to browse the collections to which we subscribe. If you need help then get in touch with your subject librarian. 

Many of the websites listed below provide access to images with Creative Commons (CC) licences. When using CC-licensed content you must ensure that you correctly attribute this content to its creator and otherwise meet the terms of the licence under which the image is offered. You can find out more about CC licences here.

Creative Commons Image Search 
This is a quick way to search a number of image databases (e.g. Flickr, Google and Wikimedia Commons). Images will have different CC licences attached. It’s possible to limit your search to CC images licensed for commercial uses, or to those that you can modify or adapt, by selecting the relevant tick box situated below the search box.

Wikimedia Commons
This site offers fully searchable access to images that have been uploaded by users, mostly for use on Wikipedia. Most of the content is available under some sort of Creative Commons licence and licensing information is clearly provided at the bottom of each image's individual page. Take care with images that are public domain in the USA, as it doesn’t automatically follow that they have the same copyright status in the UK.

Flickr CC
This section of Flickr offers images that are available under a CC licence and also explains the different types of CC licences. Use the search box in the top right of the screen and then limit your search by licence type. When your search results are displayed, select from the drop-down menu in the top left of the screen. Instead of ‘Any license’ you could select, e.g. ‘All creative commons’ or ‘Modifications allowed’.

Be wary of using the ‘No known copyright restrictions’ option, as images may be in the public domain in the USA, but not in the UK or other jurisdictions.

British Library on Flickr
The British Library’s collections on Flickr Commons offer access to millions of public domain images. Browse their themed albums for inspiration and reuse.

Google Images
Not all images on Google Images are CC-licensed, but it is possible to limit your search results to only images available under a CC licence. To do so, run your search in the standard Google Image search bar and then on the results page, click on ‘Tools’ just below the search box. A further drop-down menu will then appear with ‘Usage Rights’ as one of the options. From there select one of the options, e.g. ‘Labeled for non-commercial reuse’, to find images with CC licences.

Pixabay
High quality photos, illustrations, and vector graphics. Free for non-commercial and commercial use (although don’t use any of the sponsored images from Shutterstock). Also I would draw your attention to the following extract from the Pixabay licence:

“Please be aware that while all Content on Pixabay is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands, audio samples etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications.”

Unsplash
Contemporary collection of photos, all of which can be used for free, for both commercial and non-commercial purposes. As with Pixabay, while photos can be downloaded for free, photos with brands, trademarks, and people’s faces in them have the additional aspect of trademark, copyright and privacy infringement to consider and may require further permissions.

Europeana
Europeana is an online collection of content from European libraries, archives, museums and other institutions. When building your search you can filter it in various ways. From the drop-down menu which asks ‘Can I use this?’, select ‘Yes’ to find materials that are either public domain or carry a CC licence that allows for commercial use. Select ‘Yes, with conditions’ to find materials that carry a CC licence for non-commercial use.

Folger Shakespeare Library Digital Image Library
The Folger Shakespeare Library has licensed all of its images in the Digital Image Library under a CC BY-SA licence. This allows you to use their content without additional permission, provided that you follow the terms of that licence, including that you cite the Folger Shakespeare Library as the source and you license anything you create using the content under the same or equivalent licence. 

Want to Know More?

The Intellectual Property Office has recently issued this useful copyright guidance: Digital images, photographs and the internet.  It is aimed at people using images found online, or uploading images to the internet.

Every Internet page is full of copyright from the content, to the layout style, to the images, the fonts even.  It can actually be a hidden minefield.

Of course creators of internet content want you to visit their pages and they encourage traffic but the best place to link is the top level welcome page on any site if you can identify this.  If you deep link, i.e.  go directly to a page three or four levels down, then you can bypass the terms and conditions of the website and this is where issues can arise.

If this means complex instructions to reach an article or page you wish to highlight then you could put both the top level page and the deep link in your module.  This way you have done your best to comply, given the student the direct access and you have also encouraged wider reading by highlighting the rest of the information on the site.

The best thing always to do is to link to the content you wish to be accessed not to copy and paste it into a word or .pdf document for which you may need to seek permission from the content creator.