All information, whether in print or electronic form, is the intellectual property and copyright of someone. In the UK intellectual property, copyright, designs and patents are protected by the provisions of the Copyright, Designs and Patents Act 1988 (Great Britain 1988). [The Act]
Technology has overtaken the provisions of the Act and it is now relatively easy to copy copyright material (photocopy, scan, cut and paste, distribute by e-mail or on a web page). Just because it is technically possible to copy material does not mean that you can do so. Copying should always take place within the provisions and limitations of the Act or the local licence you are working under. To do anything else is an infringement of the Act.
Content:
Research and private study
The Act has provision for photocopying for private research or study. This is called 'fair dealing'. Under the fair dealing provisions you may:
- Copy one article from any one issue of a journal or periodical
- Copy one chapter of a book or up to 5% of extracts of a book
(Chartered Institute of Library and Information Professionals 2003)
Extracts from a book may not make up a 'substantial part' eg. introduction and conclusion.
Commercial purposes
The new copyright directive Statutory Instrument 2003 No. 2498 The Copyright and Related Rights Regulations 2003 implementing EU Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society came into effect in October 2003. This makes a distinction between copying copyright material for research and private study and commercial purposes. The definition of 'commercial' has been widened. If you think you may be copying for a commercial purpose then you have to declare this and pay the appropriate copyright fee.
Electronic resources
All information on any website is covered by UK copyright law. This includes not only the text but also includes the layout, design and typography, video clips, photographs, illustrations etc.
Because modern technology makes it easy to make copies of material it does not mean that you are allowed to do so without the permission of the copyright holder.
All websites should have copyright information on them and this should be read, for example the COT Website Terms and Conditions. If you are really impressed with something you find and would like to use it then you should email the COT Web team and ask permission. Most authors are happy to let their work be used so long as they are attributed properly.
Multiple copying
Multiple copying by individuals is not allowed under the provisions of the Act.
Multiple copying is allowed for certain purposes under 'blanket' institutional licences. Please talk to the person responsible for your licence who can usually be contacted via your local institutional (HE / NHS) library.
If you do not work for an institution with a licence or are an independent practitioner then you must approach the copyright holder for permission to make multiple copies.
