Copyright and Related Rights Act, 2000
Copyright covers any expression of ideas or facts, created
and translated to permanent form. This includes original literary,
dramatic, musical and artistic works - and includes electronic creations
such as computer programs, databases and websites. The copyright
holder, usually the creator of the work (but not necessarily - in
many cases an author will have 'assigned' her/his rights to a publisher,
for example) - has exclusive economic and moral rights which the
Copyright and Related Rights Act 2000 protects. An infringement
of these rights is punishable by law.
A copy of the Act is available from the Web
site of the Office of the Attorney General.
- Back to Top
Duration of copyright varies
- Original literary, dramatic, musical and artistic works
70 years from the death of the author.
- Films
Lifetime of the longest living amongst principal director, author
of the screenplay, author of the dialogue, author of the music
plus 70 years
- Databases
15 years from the year in which the making of the database was
completed or 15 years from the date on which the database was
first lawfully re-utilised
Copyright infringement includes
- Making and/or using illegal copies of a work
- Using originals in unauthorised ways. For example: unlicensed
access to electronic databases
- Back
to Top
So what can I do?
You can copy a work if:
- copyright has expired
- or you own the copyright
- or the copyright holder has given permission for the work to
be copied
- or use of the work is governed by a licence granted by the copyright
holder or their agent
- or your copy, or copies, is/are permitted by an exemption in
the Act
- Back
to Top
Are there any exemptions?
There are a number of exemptions under the Act. The
relevant exemptions in this context are the educational exemptions
(sections 53-58 of the Act).
- Giving or preparing for instruction where the use is by or on
behalf of the person giving or receiving the instruction and with
sufficient acknowledgement. There is no quantitative limit - but
the copying may not be reprographic (i.e. photocopied or scanned).
- Examinations
In setting and communicating questions to candidates, anything
is allowed with the exception of reprographic copying of musical
works
- Reprographic copying (photocopying or scanning)
Copying must be for educational purposes, with acknowledgement
and must be of no more than 5% of a work in any calendar year
- where the 5% is an institutional limit (so this limit does not
just apply to the person doing the copying). A book constitutes
a 'work'. An issue of a journal constitutes a 'work' (this is
a working definition at present on which clarification is being
sought).
The Irish Copyright Licensing Agency Licence
In addition to copying allowed under the Copyright and Related Rights Act or by individual provider licence, a licensing scheme has been agreed for
Irish higher education institutions. The terms of this licence allow extended rights in certain areas as itemised below:
- it is permitted to make multiple paper copies of licensed works for educational purposes. This includes distribution to student groups or classes, inclusion in course packs, and inclusion by libraries in reserve or short-loan collections
- the number of copies is limited to the number of students in a class plus two for each teacher
- the extent of such multiple copying is limited to 5% of a book or a chapter (the greater) or one article from any one periodical issue
- Certain types of material (music, separately published maps) are excluded, as are certain publishers, and material published in certain countries. Details of exclusions can be found with the licence documentation which resides in the Corporate and Legal Affairs Office
- The licence for 2005/2006 onwards also permits the scanning and uploading to closed intranets and Blackboard of printed material but please note that this is limited to Irish publications.
- Back to Top
What about copying electronic resources
for which the University pays?
The Library subscribes to many electronic information
resources on behalf of the University. What can, and cannot, be
done with these electronic resources is largely governed by licences.
In the vast majority of cases, a current UCD staff or student member
can:
- search and retrieve items
- print and/or download individual items for personal use for
teaching, learning and research
In the vast majority of cases, licences do not permit:
- downloading of the substantial part of a database or the entire
contents of a publication (this would include an entire journal
issue)
- multiple copying of items that have been printed out or downloaded
- distributing copies
- removing any proprietary marking or copyright statement from
copy made
- using electronic resources for commercial purposes
Please note: You cannot rely on educational exemptions
under the Irish Copyright Act with respect to licensed resources,
as the vast majority of our licences are not governed by Irish law.
- Back to Top
Key points to remember
- You can copy (photocopy or scan) up to 5% of a print work within
a calendar year for educational purposes. The 5% is an institutional
- not an individual limit. A book counts as one work. A journal
issue counts as one work.
- Do not make copies of electronic resources available as part
of your online course - link to the original instead
- Where you have made a copy legitimately, always acknowledge
its source and the copyright holder
- Back
to Top
Where can I get help?
For advice on electronic resources available in your
subject area(s), please contact your Liaison
librarian.
If you encounter difficulties in accessing any of the
Library's electronic resources, please contact Information Resource Management
For copyright queries, please contact Marie.Burke@ucd.ie
- Back
to Top
Last edited Sep 13 2005 |
|
|
