Library

Copyright basics

Copyright basics

This guide covers all the essentials you need to understand the basics of copyright.

What is copyright?

Copyright is a type of 'intellectual property right' that is automatically given whenever someone creates an original creative work. It gives the creator the right to decide when and how their work is copied and shared with others.

If you want to copy material that is protected by copyright, you will generally need a licence or permission from the copyright holder. In copyright law there are also 'exceptions' which, under certain conditions, allow limited copying and reuse without requiring permission from the copyright holder.

In the UK, copyright law is set out in the Copyright, Designs and Patents Act, 1988 .

Who holds copyright?

The author who creates the work is usually the initial copyright holder. If that person created the work as part of their job, then their employer is normally the copyright holder.

Copyright can be transferred or sold to others. An author might transfer the copyright for their book to a publishing company, for example.

Works can have multiple copyright holders. For instance, a journal article might have several co-authors. In multimedia works such as films, different elements like the screenplay and music often have separate rightsholders.

What is protected by copyright?

In UK law, copyright protects:

  • original literary, dramatic, musical, or artistic works
  • sound recordings, films, or broadcasts
  • the typographical arrangement of published editions.

Works like photographs, software, charts, and diagrams are also protected.

To be protected, works must have an original and creative element. They must also be written down or recorded in a 'fixed' form. You cannot copyright an idea, a fact, a common phrase or a naturally occurring object, for example.

You don't need to register copyright or add the copyright symbol ©. All qualifying works are automatically protected. Rightsholders will often add a copyright statement to indicate that a work is in copyright. However, don't assume that something is free to use if it doesn't have a statement.

Copyright applies to both published and unpublished works.

How long does copyright last?

Copyright is time limited. When a work's copyright has expired it enters the 'public domain' and the work becomes free for anyone to copy and reuse.

Type of work How long copyright usually lasts
Written, dramatic, musical, or artistic work 70 years after the author's death
Sound and music recording 70 years after it's first published
Films 70 years after the death of the director, screenplay author and composer
Broadcasts 50 years after it's first broadcast
Layout of published editions of written, dramatic, or musical works 25 years after it's first published
Unpublished works where the author died before 1969 Until 31 December 2039

If a work has multiple authors, the expiry of the copyright is calculated from the death of the last surviving author.

Remember, copyright covers the layout of printed editions too. Even if the original author has been dead for over 70 years, the layout of an edition of their work that's less than 25 years old will still be under copyright.

What activities are restricted under copyright?

There are 'exclusive rights' granted to copyright holders allowing them to control how their work is copied and distributed.

These include the rights to:

• Copy the work
• Issue copies of the work to the public
• Rent or lend the work to the public
• Perform, show, or play the work in public
• Communicate the work to the public (via broadcast or online)
• Make an adaptation of the work or do any of the above in relation to an adaptation.

You will need a licence to do any of the above with a copyright work unless your use is covered by a copyright exception.

Exceptions to copyright

Copyright law includes 'exceptions' which permit limited use of copyright material in certain circumstances without requiring permission from the copyright holder.

The main exceptions relevant to studying, teaching and research are:

Fair dealing

Many of the copyright exceptions specify a 'fair dealing' requirement. There is no specific universal definition of fair dealing in the legislation. What is 'fair' will depend on context and will vary from case to case.

You can consider the following questions to decide whether your use is fair to the copyright holder.

1. Will your actions negatively affect the original rightsholder's ability to sell or use their work in the way they want to? Does your copying create a substitute which undermines sales of the original work? If so, your use is unlikely to be considered fair.

2. Is your use necessary and proportionate for your purpose? You should copy no more than the minimum necessary. Copying entire works is generally not seen as fair unless you have a good reason why the whole work must be used.

3. Have you provided an acknowledgement to the original author? You should always include an acknowledgement unless this isn't possible for practical reasons, for example in an exam question.

Deciding whether your use is fair is a matter of informed judgement. Copyright decisions will often involve a risk management approach .

Licences

Where your copying is not covered by a copyright exception, there are various licences which can enable you to copy protected material legally.

Individual rightsholder agreements

If your reuse of copyright material is not covered by an exception or an existing licence, it may be possible to request permission directly from the rightsholder. That might be the original author or creator, or their estate if they are deceased, although the rightsholder is often a publisher or employer.

Remember that negotiating permission in this way can take a long time, especially if the rightsholder is slow to respond. It is wise to have a backup plan in place, such as alternative material or a shorter excerpt under a copyright exception, in case the rightsholder refuses permission, requires a fee you are unable to pay, or simply fails to respond to you.

If you cannot identify the rightsholder, you may be able to apply for a licence to use the material under the UK provisions for orphan works . However, this process can be uncertain and time-consuming. You may wish to take a more risk management approach and consider using the material even if you have not been able to clear the rights.

Copyright infringement

Copyright infringement occurs when you copy or reuse someone else's copyright-protected work without being covered by a licence or a copyright exception.

Both the individual and the University may be liable in the event of an infringement. It may be minor and easily resolved or it may become a serious legal matter leading to fines, reputational damage, or disciplinary action.

If you are contacted by anyone claiming that their or their client's copyright has been infringed, contact us as soon as you can, and we will investigate. Not all copyright infringement claims are legitimate, and even valid claims can usually be resolved without legal action. However, it is important any infringement claims are dealt with promptly to manage the risk to you and the University.

Risk management

Copyright can be complex, and it is not always clear whether an activity is legal or infringing. Copyright is a balance between the rights of individual creators to protect and exploit their work, and wider society to share, evaluate and build on that work.

By taking a risk management approach, we can make informed decisions which reduce the risks associated with copyright infringement without unnecessarily restricting our use of copyright works.

Here are some questions to consider if you are making a decision about copying or reuse.

  • Is your use covered by a licence or likely to fall under an exception?
  • How likely is it that the rightsholder will become aware of your use of their work?
  • If the rightsholder does become aware, how likely are they to object? Consider what harm, if any, your use is likely to do to the rightsholder or the market for their work.
  • If they do object, what action might they take? What financial or reputational damage might this cause to you or the University?

You can also take the following steps to help mitigate risk.

  • Consider whether you need to make a copy or whether you could link to the original instead.
  • Don't copy more of the work than you need to.
  • Always copy from a legally accessed version of the material.
  • Always include an acknowledgement to the original creator, if possible.
  • If you've copied work under a licence, indicate this with a coversheet, copyright notice or a link to the licence in the acknowledgement.

Contact us

If you have any questions about copyright, please contact us: library@abdn.ac.uk