Practical Copyright for Library and Information Professionals

Aug 2015 | 224pp

Price: £59.95
CILIP members price: £47.95

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Practical Copyright for Library and Information Professionals

Paul Pedley

The UK’s copyright legislation has been referred to as the longest, most confusing and hardest to navigate in the world. This new handbook brings clarity to what would otherwise be a complex topic. The author provides sensible and realistic guidance for all library and information practitioners. Topics covered include:

  • the copyright exceptions or permitted acts most relevant to library and information professionals
  • lending of print and electronic copyright materials
  • the range of licensing solutions available to ensure that the use of copyright works is done in compliance with the law
  • the options available for making copies of orphan works (such as where this is done as part of digitization projects)
  • an exploration of how information professionals working in the corporate sector can copy material legitimately, and highlights where this differs from practitioners working in not for profit publicly accessible libraries

Readership: The handbook is an indispensable guide for library and information professionals; it will be useful for academics and researchers, and it will also be essential reading for anyone wishing to use copyright material legitimately.

1. General principles

1.1    What copyright is
1.2    What copyright protects 
1.3    How one obtains copyright protection
1.4    How long copyright lasts
1.5    Copyright ownership
1.6    Who is an ‘author’?
1.7    Economic and moral rights
1.8    How copyright fits within the wider range of intellectual property rights
1.9    A framework for analysing copyright problems
2. Legislative framework

2.1    International treaties and conventions
2.2    European legislation
2.3    UK legislation
2.4    Case law
2.5    Sources of information on EU and UK legislation and case law

3. Acts permitted in relation to copyright works (The Copyright Exceptions) 

3.1    Introduction
3.2    Fair dealing
3.3    Library exceptions
3.4    Educational exceptions
3.5    Public administration
3.6    Other exceptions

4. Licensing

4.1    Introduction to licensing
4.2    The different types of licence
4.3    The relationship between contracts/licences and copyright
4.4    Negotiating licences
4.5    The rationale for collective licences
4.6    Collective licensing societies
4.7    Licence disputes and their resolution
4.8    UK government licensing framework (The National 4.9    Open Parliament Licence
4.10    Creative Commons
4.11    GNU General Public Licence (open software) 

5. Digital copyright

5.1    Copyright and the internet
5.2    Communication to the public
5.3    Hyperlinking, deep linking and embedding
5.4    Database right
5.5    Archiving and preservation of digital content
5.6    Mass digitization
5.7    Licensing of electronic resources
5.8    Digital rights management systems
5.9    Digital goods and the concept of exhaustion
5.10    Rental and lending of digital content

6. Orphan works

6.1    Definition
6.2    Legally compliant orphan works solutions
6.3    Diligent search

7. Copyright compliance

7.1    Introduction
7.2    Infringement
7.3    Risk management
7.4    Liability
7.5    Dispute resolution
7.6    Compliance with licence terms
7.7    Copyright policies
7.8    Copyright training, education and awareness
7.9    Ethical and professional issues and conflicts
7.10    Copyright clearance process

8. Copyright for the corporate sector

8.1    The copyright exceptions
8.2    Licensing
8.3    Image searching
8.4    Other services

"You can use the book in two ways – to grab off the shelf to answer a copyright question quickly or to sit down with and the links to further reading online. Either way, you will come away more enlightened and confident about copyright. I would recommend the book to anyone with an interest in copyright."

"Exceptionally well written, organized and presented, Practical Copyright for Library and Information Professionals should be considered a "must" for the reference collections of all community, corporate, governmental, and academic libraries and included as a core supplement for Library Science Studies student curriculums."
- Midwest Book Review

"Facet Publishing have branded these titles as part of a wider ‘Copyright Classics’ series: a fitting term given how much the sector has come to rely on the guidance provided by these authors ... with significant amounts of experience dealing with copyright issues through practice, lobbying policy-makers, and providing training to the archive, library and information management sectors."
- Victoria Stobo, Archives and Records

Paul Pedley MA MLib FCLIP has been following developments in UK copyright law for nearly twenty years. He has been a member of the Libraries and Copyright Alliance since 1998, and regularly trains, lectures and speaks on copyright and other areas of information law. He is the author of a number of books published by Facet Publishing including the E-copyright Handbook, Copyright Compliance: Practical steps to stay within the law and Essential Law for Information Professionals.

1. General principles

Chapter 1 sets out the basics of copyright including, what copyright is, what it protects, how one obtains copyright protection, how long it lasts, who owns it, who is an 'author', economic and moral rights, how copyright fits within the wider range of intellectual property rights and provides a framework for analysing copyright problems.

2. Legislative framework

Chapter 2 outlines the various component parts which together make up the legislative framework within which we operate including, European legislation, UK legislation, case law and sources of informatin on EU and UK legislation and case law.

3. The copyright exceptions

Chapter 3 looks in depth at the copyright exceptions. It draws out the points of most relevance to library and information professionals including fair dealing, library exceptions, educational exceptions, and public administration.

4. Licensing

Chapter 4 looks at the use of copyright licences to cover copying activities where it isn’t possible to rely on a copyright exception.

5. Digital copyright

Chapter 5, on digital copyright, examines issues which are relevant to the use of content in the digital world. For example, it considers the exclusive right to communicate a work to the public as the right only applies to communicating a work to the public by electronic means. Drawing upon relevant case law it looks at topics such as the use of deep links and embedding of content, archiving and preservation of digital content, mass digitization, digital goods and the exhaustion of rights, as well as rental and lending of digital content.

6. Orphan works

Chapter 6 runs through the available solutions for copying orphan works: one solution is free of charge in the form of an exception that covers the copying of orphan works by publicly accessible libraries. Another solution has a price-tag attached, namely the use of licences. And the cost of a licence depends upon the type of the intended usage – whether it be for a commercial or a non-commercial purpose. The chapter considers how these solutions work in practice, and the boundaries or limits on the extent to which these solutions can be relied upon.

7. Copyright compliance

Chapter 7 looks at copyright compliance. Staying within the law is both a legal and also an ethical issue for information professionals. The chapter considers topics such as what constitutes an infringement of copyright, how copyright should be considered as a matter of risk management and how different copying activities need to be graded according to level of risk. Another important topic considered in the chapter relates to liability – who would be liable for an infringement of copyright: would it, for example, be the employing institution who would be pursued or an individual librarian? Chapter 7 considers how to ensure copyright compliance, looks at how to trace rights owners and describes the copyright clearance process. It also considers what happens when things go wrong, and in particular the question of dispute resolution.

8. Copyright for the corporate sector

Information professionals working in the corporate sector are very constrained in terms of what they can copy under the copyright exception, and this is true for a number of reasons. For example, a number of the exceptions limit the copying to where it is being done for a non-commercial purpose; there are a number of exceptions which are only available for the benefit of publicly accessible, not-for-profit libraries. Chapter 8 is written specifically for corporate information professionals, because of the particular difficulties that they face.