Copyright is not a subject that most individuals or organizations want to study in depth. They simply wish to be able to copy material in the knowledge that what they are doing is within the law.
Library and information professionals must take a particular interest in copyright matters, because they find themselves placed in the difficult position of, on the one hand, being asked by their users to provide access to content, whilst, on the other hand, needing to be mindful of the legal rights of the creators and distributors of intellectual property.
Copyright law is extremely complex, and consulting a copy of the legislation is not easy or straightforward, given that the Copyright, Designs & Patents Act 1988 has been amended many times over the past two decades. This practical book aims to promote the understanding of copyright compliance by users, and to simplify the task of library and information professionals in advising on it.
Fully supported by examples of case law, the text is divided into two main parts. The first part considers what constitutes an infringement of copyright, and what happens when things go wrong. The second part deals with the question of how to stay within the law, and what one can do proactively to minimize the risks associated with copyright infringement. The contents cover:
- what constitutes infringement, and what are its consequences
- what are low, medium and high risk activities
- some copyright legal cases and what we can learn from them
- enforcement of intellectual property rights
- dispute resolution: court action, arbitration, mediation
- how to ensure that your copying is properly authorized
- the copyright clearance process
- practical steps you can take to stay within copyright law
- developing a copyright policy
- the copyright implications of freedom of information.
Readership: This essential guide will help any individual, organization or library and information professional to copy material with greater confidence that they are doing so legally.
1.1 Copyright compliance is both a legal and an ethical issue
1.2 Policing acts of copying
1.3 Why is there so much legal uncertainty?
4 Terminology used in the Database Regulations
2. Copyright basics
2.1 What is copyright?
2.2 What does copyright protect?
2.3 Requirements for copyright
2.4 Who is the owner of copyright?
2.5 How long does copyright last?
2.6 Copyright exceptions
PART 1: COPYRIGHT INFRINGEMENT AND WHAT HAPPENS WHEN THINGS GO WRONG
3. What constitutes infringement, and what are its consequences?
3.1 What constitutes infringement?
3.2 Primary infringement
3.3 Secondary infringement
3.4 What are the consequences of copyright infringement?
3.5 Civil proceedings
3.6 Criminal offences
3.71 Reputation managment
3.8 Moral rights
3.9 Cease and desist letters
4. What are low, medium and high risk activities, and how can you minimize the risks?
4.1 Risk management
4.2 How can your business reduce the risk of infringement?
5. Some copyright legal cases and what we can learn from them
6. Enforcement of intellectual property rights
6. 1 Legislation
6. 2 Trading standards
6. 3 Evidence required in criminal cases
6. 4 The role of internet service providers in tackling file sharing
6. 5 Gowers Review recommendations on enforcement
6. 6 National IP Crime Strategy
7. Dispute resolution
7. 1 Court
7. 2 Copyright Tribunal
7. 3 Alternative dispute resolution
7. 4 Arbitration
7. 5 Mediation
7.5.1 UK IPO mediation service
PART 2 HOW TO STAY WITHIN COPYRIGHT LAW
8 How to ensure that your copying is properly authorized
8.1 Is your copying authorized?
8.2 Can I copy?
8.3 Fair use and the PNAM tests
8.4 Copyright declaration forms
8.5 Creative Commons
8.6 Public domain
8.7 Keeping within the terms of licence agreements
9. The copyright clearance process
9. 1 Pre-clearance issues and preparation
9. 2 Clearing the required rights
9. 3 Tracing copyright holders
9.3.1 Tracing the rightsowner for American content
9.3.2 Orphan works
9.3.3 Copyright Clearance Center
9. 4 Sample forms
10. Practical steps you can take to stay within copyright law
10.1 Copyright posters and notices
10.2 Staff training and awareness
10.3 Organizational documentation
10.4 Checklist of key things for keeping legal with copyright
11. The copyright implications of freedom of information and the re-use of public sector information
11.1 Freedom of information
11.2 Environmental Information Regulations (EIR)
11.3 Re-use of public sector information and copyright
12. Developing a copyright policy
12.1 Creating a policy
12.2 Communicating the policy
12.3 Enforcing the policy
Appendix. Sample clauses for inclusion in a copyright policy
"…an important contribution to the "practical" side of staying within copyright law."
- The Copyright & New Media Law Newsletter
"The synopsis of the book says that it "aims to promote the understanding of copyright compliance by users, and to simplify the task of library and information professionals in advising on it". In conclusion I would certainly say that this claim is justified...Quite frankly, the price of this book in comparison to the detriment to an organisation for non-compliance of copyright law is minimal."
- Legal Information Management
"This is something to disappoint the litigation lawyers: Copyright Compliance: practical steps to stay within the law is the title of a very useful work...this book is certainly up-to-date and refreshingly direct...Well done!"
"This will be relevant to all librarians who have to deal with copyright material in a wide variety of formats…We are, however, presented with information that should be at our fingertips and practical advice to ensure that we remain on the right side of the law."