Written by Elvinas Kukys – v2_lawblog
0. What is copyright
Copyright gives the creators of certain kinds of material rights to control ways their material can be used. These rights start as soon as the material is recorded in writing or in any other way. There is no official registration system. The rights cover:
- Communicating to the public by electronic transmission;
- Renting or lending copies to the public; and,
- Performing in public.
- What do copyrights protect?
Copyrights protect original literary, artistic, dramatic and musical works sound recordings, films or broadcasts and published editions. This will usually include works such as teaching materials and blogs.
2. What rights do I have as a copyright owner?
A copyright owner has the following rights:
- To copy a work
- To issue copies of a work
- To rent or lend the work to the public
- To make an adaption of the work
- To perform, show or play the work in public
- To communicate the work to the public
3. How can you use other people’s copyright works?
The rights to use copyright material can be obtained with the permission of the copyright owner by seeking and obtaining permission directly from the copyright owner. In addition there are certain situations where it may be permissible to make use of someone else’s copyright protected works without seeking permission from the owner.
There are some exceptions which allow limited use of copyright works without the permission of the copyright owner. In educational context relevant exceptions include:
- Fair dealing for non-commercial research and private study, criticism and review
- Non-exact copies of works for teaching purposes.
4. Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized.
The main intellectual property rights are:
- Design rights;
- Protection from passing off;
- Protection of confidential information.
5. What constitutes infringement?
Where the whole or a substantial part of a work has been used without permission and nonce of the exceptions to copyright apply, copyright is said to have been infringed.
6. Conditions on using copyright material for educational use
Copyright material can be copied for educational purposes if the copying is not done through reprographic means (photocopy, facsimile, scanning or other mechanical device) and the source is acknowledged. The copied material cannot be used for commercial purposes.
Copyright, Designs and Patents Act 1988
Please Note: This guidance is for information purposes only and is not intended to replace legal advice when faced with a risk decision.
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