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LIS-LINK  March 2015

LIS-LINK March 2015

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Subject:

Re: Copyright questions

From:

Lisa Redlinski <[log in to unmask]>

Reply-To:

Lisa Redlinski <[log in to unmask]>

Date:

Tue, 3 Mar 2015 15:37:25 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

Hello, I'm not sure that Illustration for Instruction would apply as a defence because an exhibit isn't necessarily for the course of instruction.

It's section 30 Criticism, review, quotation and news reporting that I'm basing my opinions on and copied below for ease of reference. Unless the use has been tested by a court then I can only have an opinion on the matter. And nothing like this has been through the courts as far as I know.

30 Criticism, review, quotation and news reporting
(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise) and provided that the work has been made available to the public.

(1ZA) Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that — 
(a) the work has been made available to the public,
(b) the use of the quotation is fair dealing with the work,
(c) the extent of the quotation is no more than is required by the specific purpose for which it is used, and
(d) the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). 

(1A) For the purposes of subsections (1) and (1ZA) a work has been made available to the public if it has been made available by any means, including--
(a) the issue of copies to the public;
(b) making the work available by means of an electronic retrieval system;
(c) the rental or lending of copies of the work to the public
; 
(d) the performance, exhibition, playing or showing of the work in public;
(e) the communication to the public of the work, 

but in determining generally for the purposes of those subsections whether a work has been made available to the public no account shall be taken of any unauthorised act. 

(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

(3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film or broadcast where this would be impossible for reasons of practicality or otherwise.

(4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.

And just in case it might be the case that you need this right as well...

30A Caricature, parody or pastiche
(1)	Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.
(2)	To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.


Thanks,

Lisa Redlinski | Information Services Manager (Library Manager) | College of Arts and Humanities | Grand Parade 

St. Peters House Library, University of Brighton, 16 – 18 Richmond Place, Brighton, BN2 9NA
tweet us: https://twitter.com/SPHLibrary ¦ w: 01273 643941  ¦ f: 01273 607532 ¦ information services

Aspire…to an easier way of managing your reading lists

Create your reading list online, linking students directly to recommended resources. Visit the University’s Aspire webpages or book on a workshop.

For the best of that pop, whether folk or jazz or blues or the rock n’ roll that was all rebellion, is always first and last about freedom – where ‘about’ connotes both ‘to speak of’ and ‘to work towards’ and where freedom means freedom from the muting cingula of circumstances, forces, norms. For early rock, these norms were most often generational, the forces ideological – a person of the mind that the Young Democrat or teen heard, finally felt in the music was escapable… simply because the music was the escape. – Signifying Rappers, DF Wallace

-----Original Message-----
From: Nik Hussin [mailto:[log in to unmask]] 
Sent: 03 March 2015 13:03
To: Lisa Redlinski; [log in to unmask]
Subject: RE: Copyright questions

Hi Lisa 

Thank you for your email. I do agree with your opinions here, but can the exception for illustration be used for the presentation/film since it is for a library exhibition, with fair use and sufficient acknowledgement of course?


Nik



Nik Tahirah Hussin
Assistant Librarian (Copyright and Repository Support) Library University of the West of Scotland Hamilton Campus





-----Original Message-----
From: A general library and information science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Lisa Redlinski
Sent: 03 March 2015 09:57
To: [log in to unmask]
Subject: Re: Copyright questions

Hi Joy, I'm not sure anyone contacted you about your questions so I'll give it my best shot.

Hopefully, my permissive interpretations of copyright law will be widely supported by librarians.

Everything you plan to use has a copyright, we are now looking at your statutory rights which defend your use of the materials without having to seek permission first (which often means paying for the use of materials). And it's helpful to remember that risk is about how hard it is to fix a problem. So if someone did claim copyright infringement then how hard would it be to remove the offending items (in the case of an exhibit you would remove it)?

1. Is it acceptable to create a PowerPoint for use in the exhibition with film stills and short extracts of film if the source is acknowledged? 
LR: this sounds like an acceptable use of the film stills as you plan to reference them and will be using an insubstantial part of the film in the PPT.

2. Is an academic library permitted to print off film posters or scenes from the internet and use these in the exhibition?
LR: Copyright law, in general, expects us to use legitimate sources for our copying. If the film online is a legitimate source (like a movie available on the Internet Archives) then that's OK. If you are using stills from works in copyright to advertise your exhibit you will need permission because this is outside of a defensible use of the images.

3. Is it alright to display well-known quotes from films as long as the source is acknowledged?
LR: Yes. You can quote, parody and apply criticism/review as long as you deal with the copyright materials fairly i.e. you take an insubstantial amount, you reference your materials, you do not disparage the works, you are not prejudicing the copyright owners ability to earn an income from the work etc.

Sounds like a huge & interesting project, hope it goes well.

Good luck!
Lisa Redlinski | Information Services Manager (Library Manager) | College of Arts and Humanities | Grand Parade 

St. Peters House Library, University of Brighton, 16 – 18 Richmond Place, Brighton, BN2 9NA tweet us: https://twitter.com/SPHLibrary ¦ w: 01273 643941  ¦ f: 01273 607532 ¦ information services

Aspire…to an easier way of managing your reading lists

Create your reading list online, linking students directly to recommended resources. Visit the University’s Aspire webpages or book on a workshop.

For the best of that pop, whether folk or jazz or blues or the rock n’ roll that was all rebellion, is always first and last about freedom – where ‘about’ connotes both ‘to speak of’ and ‘to work towards’ and where freedom means freedom from the muting cingula of circumstances, forces, norms. For early rock, these norms were most often generational, the forces ideological – a person of the mind that the Young Democrat or teen heard, finally felt in the music was escapable… simply because the music was the escape. – Signifying Rappers, DF Wallace

-----Original Message-----
From: A general library and information science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Joy Conkey
Sent: 16 February 2015 20:32
To: [log in to unmask]
Subject: Copyright questions

Dear all,
I was going to create a library exhibition about Christ in film and I was wondering if anyone could answer the following questions about what is permitted under the recent changes to copyright law:
Is it acceptable to create a PowerPoint for use in the exhibition with film stills and short extracts of film if the source is acknowledged? 
Is an academic library permitted to print off film posters or scenes from the internet and use these in the exhibition?
Is it alright to display well-known quotes from films as long as the source is acknowledged?
Clear answers to these questions would be much appreciated as I am confused by all the recent changes!
Very many thanks,
Joy Conkey
Deputy Librarian, Union Theological College.
[log in to unmask]

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