1 1. Background 2. Copyright law 2.1 What is copyright? 2.2 Why do we have copyright? UNIVERSITY OF PRETORIA DEPARTMENT OF LIBRARY SERVICES COPYRIGHT PROCEDURE AND GUIDELINES Why our institution is concerned about copyright? 3. Copyright Act No. 98 of Use of copyright works 3.2 Who owns copyright in a work? 3.3 What does copyright protect? 3.4 What cannot be covered by copyright? 3.5 What can be copied? 3.6 What should be avoided? 3.7 Moral rights 3.8 Copyright violation 3.9 How do I obtain copyright for a work I have created? 4. Copyright and fair dealings 4.1 Fair use and academics/lecturers 4.2 Challenges for academics 4.3 Academic integrity 5. Reproduction of material for educational purposes 5.1 Copying by students/researchers 5.2 Copying by a librarian
2 5.3 Copying by a lecturer 6. Reproduction of electronic material 6.1 Copyright and electronic publishing 6.2 Tips for the Internet 7. When and how is permission requested? 7.1 Guidelines for copyright application (for UP Staff) 7.2 Basic steps for copyright application 7.3 How much does it cost? 7.4 DALRO copyright application form 8 Planning Assistance 9. Frequently asked questions on copyright issues 10. List of References 1. Background Copyright materials are used in universities in a variety of ways. Universities and their students, lecturers and researchers frequently use works from articles, books, newspapers, CD s, videos, microfilms and multimedia. Moreover, university libraries not only share copies of material with other libraries, they also make copies for their readers, as well for long-term storage and preservation of works. As universities are extensive users of copyright materials (produced not only within the university but also outside the university), use of copyright material has always been an important issue for universities. Teaching and learning at the University of Pretoria is dependent on existing knowledge. In the University context, copyright and the reproduction of copyright protected works are relevant in various areas. Lecturers, students and various support services are confronted everyday by the Copyright Act
3 which governs the use of copyright protected works. The University takes its duty to comply with the Act and related regulations, to honour the rights of authors, vendors, and publishers and to pay royalties very seriously. The proposed amended definition of misconduct by members of staff in the University s Statute explicitly includes the infringement of copyright. The definition of student misconduct already includes such infringements. Increasing pressure is now applied to pressure universities to ensure more effective control on the reproduction of copyright protected works on campus. Copyright infringement is a criminal offence, and infringers run the risk of a fine/imprisonment and a criminal record. Should a staff member infringe copyright in the course of his/her teaching activities, the University itself would be liable. It is also increasingly important to the University of Pretoria to ensure that copyright on works produced by its staff and students are not violated. 2. Copyright Law The law of copyright recognizes that certain types of knowledge should be treated as if they were private property and therefore capable of being owned. Copyright is the area of law concerning legal rights associated with intellectual creative effort or commercial reputation and goodwill. It covers a very wide area and includes literary and artistic works, films, computer programs, inventions, designs and trademarks. Therefore, copyright exists in many of the things we use on a daily basis in the library: newspapers, books, magazines, journals, photographs, maps and charts, illustrations and designs, audio cassettes, videos and films, television and radio broadcasts, computer programs and databases, etc. 2.1 What is copyright? Simply put, copyright is the right to copy. It is a legal device that provides the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how the work is used. Copyright is a property right given to authors or creators of "works", e.g. literary works, artistic works, musical works, sound recordings, films and broadcasts or computer programs, to control the copying or exploitation of their work. As a property right it can be transferred by sale, gift or legacy and by licence issued in order to duplicate. Even though laws differ between countries, the general principles are the same and require the permission of the copyright owner before a work can be copied or reproduced regardless of
4 whether that be through electronic or conventional means. The author of a work is the person who creates it and he/she is usually, but not necessarily, the owner of the copyright. Copyright gives the owner the legal right to do certain things to the work; for example, making a copy, publishing, broadcasting or giving a public performance and making adaptations to the work. Anyone else who does any of these things without the permission of the owner infringes copyright and may be sued by the owner for that infringement. Keying in copyrightprotected information on to a CD-ROM is an infringement of copyright regulations, as is storing work and/or adapting work, copying, issuing copies, dealing in copies in any medium without licence from the copyright owner. A licence allows the person or persons licensed (the licensee) to do certain things in respect of the subject matter of the copyright (i.e. they have permission from the owner). This licence may be for a specified period of time and may also be limited as to place. Copyright owners generally have three main concerns regarding the licensing of their works - income generation, the control of distribution and the protection of the work's integrity. Copyright laws strive to balance the interests of copyright owners and users. A copyright owner has control or exclusive rights to prohibit users from using a work in any specific way without the owner's permission. A copyright owner has the exclusive rights to control: distribution of their work reproduction of their work adaptation of their work public performance of their work public display of their work It protects the copyright owner's monetary rights for a fixed period of time. The fixed period of time varies, depending on the work, before the work enters the public domain. Some works are in the public domain because they are not protected by copyright law. However, simply because a work is in the public domain, does not mean that any individual can claim authorship of the work. 2.2 Why do we have copyright? The purpose of copyright law is to promote science and the useful arts. The South African government believed that those who create an original expression in any medium need protection for their work so they can receive appropriate compensation for their intellectual effort. The intent of copyright is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works Why our institution is concerned about copyright?
5 o o o The university s policy ensures that we respect the rights of authors and publishers and pay reasonable licence fees, where required by law. Infringement of copyright by staff or students may result in legal action and possible awards of damages. The viability of local publishers depends upon compliance with the copyright law (University of the Witwatersrand 2001). 3. The Copyright Act No. 98 of 1978 In South Africa, copyright is governed by the Copyright Act No. 98 of 1978, as amended, and regulations. (Click to view the Act ). South Africa is a signatory to the International Berne Convention which obliges South Africa to give recognition and protection to copyright works from signatory countries. It is also a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the World Intellectual Property Organization (WIPO) s Copyright Treaty and Performances and Phonograms Treaty. Subject to exceptions, copyright endures for the lifetime of the author and 50 years after his/her death or the first posthumous publication of his/her work. The publisher also has copyright in respect of the published edition (i.e. the edited typeface uses) even if the original material is no longer subject to copyright (e.g. a new edition of a Shakespeare play) (University of Witwatersrand 2001). 3.1 Use of copyright works In situations where universities use a copyright work, to ensure that they do not infringe, they must either obtain the permission of the copyright owner or ensure that their use is permitted under the Copyright Act. A university s legitimate use of copyright works may arise in a number of ways: Works in public domain Copying of an insubstantial part of a work Fair dealing Compulsory and voluntary licensing arrangements Library copying provisions Miscellaneous copying provisions 3.2 Who owns copyright in a work? The author of a copyright work is generally the person who makes or creates the work, but this is not always the case. The word Author is defined in the act as follows:
6 In respect of a literary, musical or artistic work, to mean the person who first makes or creates the work; For a photograph, to mean the person who is responsible for the composition of the photograph; For a programme-carrying signal, to mean the first person emitting the signal to a satellite; For a published edition, to mean the publisher of the edition; For a computer program, to mean the person who exercised control over the making of the computer program. The author or creator of the work is the owner of the copyright, unless the person is in employment, and the work is created in the course and scope of the employment, in which case the Employer holds the copyright. For example, in the case of all works which are made in the course of an author s employment (University of Pretoria) under a contract of service or apprenticeship, the copyright will be owned by the University of Pretoria. It is, however, possible for the creator of the work to share copyright as in joint authorship, or to contractually assign in writing, the copyright or part thereof, to a publisher or other third party, either on an outright basis or for a limited purpose or period. Copyright owners have the exclusive right to do all or any of the following acts in relation to a literary, dramatic or musical work: To reproduce the work in a material form; To publish the work, to perform the right in public; To broadcast the work; To cause the work to be transmitted to subscribers to a different service; To make an adaptation of the work; To do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work. 3.3 What does copyright protect? Copyright provides authors fairly substantial control over their work. The four basic protections are: The right to make copies of the work; The right to sell or otherwise distribute copies of the work; The right to prepare new works based on the protected work; The right to perform the protected work (such as a stage play or painting) in public.
7 According to Section 2(1) of the Copyright Act No. 98 of 1978, copyright protects works "fixed in any tangible medium of expression" in these categories: literary works; any musical works, including accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works. 3.4 What cannot be covered by copyright? 3.5 What can be copied? Works in the public domain: o Ideas are in the public domain. o Facts are in the public domain. Words, names, slogans, or other short phrases also cannot be copyrighted. However, slogans, for example, can be protected by trademark law. Blank forms. Government works, which include: o Judicial opinions. o Public ordinances. o Administrative rulings. Works created by Provincial government employees as part of their official responsibility. Works for which copyright wasn't obtained or copyright has expired (extremely rare!). Motion media: o Up to 10 percent of the total or three minutes, whichever is less. Text material: o Up to 10 percent of the total or 1,000 words, whichever is less. o An entire poem of less than 250 words may be used, but no more than three poems by one poet or five poems by different authors in an anthology. For poems exceeding 250 words, 250 words should be used but no more than three excerpts from one poet or five excerpts from different poets in the same work. o A chapter from a book (never the entire book). o An article from a periodical or newspaper.
8 o 3.6 What should be avoided? 3.7 Moral rights o A short story, essay, or poem. One work is the norm whether it comes from an individual work or an anthology. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper. Music, lyrics, and music video: o Up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work. Illustrations or photographs: o No more than five images from one artist or photographer. o o No more than 10% or 15 images, whichever is less, from a collection. Multiple copies of a chart, graph, diagram, drawing, cartoon, or a picture contained in a book or periodical issue. Numerical data sets: o Up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. Copying of a multimedia project: o No more than two copies may be made of a project. Poetry: o Multiple copies of a poem of 250 words or less that exist on two pages or less or 250 words from a longer poem. Prose: o Multiple copies of an article, story or essay that are 2,500 words or less or excerpts up to 1,000 words or 10 percent of the total work, whichever is less. Making multiple copies of different works that could substitute for the purchase of books, publisher's reprints, or periodicals. Copying the same works from semester to semester. Copying the same material for several different courses at the same or different institutions. Copying more than nine separate times of a single work in a single semester. Moral rights are separate and distinct from the copyright subsisting in a work, and cannot be transferred to a third party. Moral rights comprise the rights of paternity, i.e. the right to claim authorship of the work, and the right of integrity, i.e. the right to object to any distortion, mutilation or other
9 modification of the work where such action is or would be prejudicial to the honour or reputation of the author. Moral rights are separate and distinct from copyright subsisting in the work, and cannot be transferred to a third party (Dean 1988; University of the Witwatersrand 2001). 3.8 Copyright violation The author or owner of his/her licensee (in some cases) can take legal action to stop infringement of his/her rights. This can include seizure of the infringing material, damages and an interdict preventing further infringement of his/her rights. The courts have the power to award additional damages where there has been a flagrant beach of copyright. The Copyright Act also makes provision for criminal penalties a fine (a maximum of R5 000 per infringement) and/or imprisonment of up to 3 years for a first conviction. The maximum fine and/or imprisonment penalty for a second conviction is R and/or 5 years (University of the Witwatersrand 2001). 3.9 How do I obtain copyright for a work I have created? You automatically own the copyright to any work you create as soon as it is fixed in a tangible medium. You are not required to take any other action to claim your copyright. However, there are certain things you can do to communicate or help secure your copyright. You can indicate your ownership by the phrase "copyright by" or the symbol " ", the date, and your name. You can also register your ownership with the South African Copyright office for a small fee for additional protection. In many instances registration is a prerequisite for taking someone to court for copyright infringement. 4. Copyright and fair dealings Copyright laws do allow for limited uses of copyrighted materials, especially if the use offers societal benefits without the author's permission for specific purposes. Examples of fair use of copyrighted materials include quotation of excerpts in a review or critique, or copying of a small part of a work by a lecturer or student to illustrate a lesson. These limited uses are commonly referred to as fair use. Fair use is the legal right to copy a limited amount of copyrighted material without obtaining permission or royalty payment. Copying excerpts from books, periodicals, newspapers, and other works for purposes of criticism, comment, news reporting, teaching, scholarship, or research is generally considered to be fair use. In an academic institution, certain exemptions are allowed when dealing with copyrighted works for scholarly research and personal use. Under Fair Use, small portions of copyrighted works can be used to support or refute personal research claims, as well as support or rebut already published research. Fair Use, as defined in Section 12 of the South African Copyright Act, states that: fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
10 According to Section 2(1) of the Copyright Act No. 98 of 1978, whether a use is fair use is based on: "the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; copyrighted the nature of the work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; use upon the the effect of the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors." Key point: Fair use allows the duplication or copying of "small portions" of a work for education purposes that would be otherwise restricted under copyright law. 4.1 Fair Use and Academics / Lecturers Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides four standards for determination of the fair use exemption: Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable. Proportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use. The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use.
11 None of these factors alone constitutes fair use. Even though materials may be copied for educational purposes, the other standards must be met. Unfortunately, these are not exactly crisp and clear guidelines. Nevertheless, ignorance of the law is no excuse. 4.2 Challenges for Academics Fair Use and professional responsibility: Beyond the legal aspects of the copyright law lies an important issue - ethics. Academics, without regard to or knowledge of copyright restrictions, sometimes duplicate materials illegally or load software without license. Such copying, seemingly convenient and unnoticeable, is, in fact, stealing - taking someone's property without permission, thus depriving the author of income or control to which he/she is entitled. Academics have a moral obligation to practice integrity and trustworthiness. Just as they expect students to refrain from cheating on tests and from taking others' belongings at institution, they should honour the law when it comes to fair use and copyright. Thus, Academics / Lecturers not only should protect themselves from legal liability but should also model honesty and truthfulness by knowing when and what may be copied for educational use. 4.3 Academic integrity While academic integrity and copyright are the ethical and legal sides of the same coin, they both address how intellectual property can be employed in a research environment. Even those making use of a work under the Fair Use Guidelines must give credit to those who originally created a work. When copyrighted works are used for personal use, it is with the understanding that the person using the works will not earn money from this use, nor will they abuse those exemption rights granted to them under the Copyright Act No. 98 of 1978 (as amended). When individuals use the copyrighted materials of others for personal gain (e.g. the production of course packs), they may well lose any fair use exemptions and be required to obtain specific permission from the copyright holder. 5. Reproduction of material for educational purposes In addition to regulations governing the reasonable use of copyright protected works, the regulations governing the reproduction of such works must also be noted carefully. Under certain circumstances and subject to certain conditions, it is possible for lecturers, students and librarians to make copies of copyrighted works. Within these limits, specific permission from the holder of copyright is not required. Section 13 of the South African Copyright Act (Regulations) has specific exceptions for educational purposes. The law permits the making of limited
12 numbers of copies of works for personal use, study and research, and teaching, without having to apply for copyright permission, viz: Personal copies for use by a student, a researcher and lecturer Having regard to the totality and meaning of a work, one (1) copy of a reasonable and necessary portion of a work, consistent with fair practice, can be made without permission (Regulation 2(a)). Copies for students made by academic departments One (1) copy of a reasonable portion per student per course, may be made by or for a lecturer for classroom use or discussion, without permission (Regulation 2 & 7). Not more than a reasonable portion should be made, provided the cumulative effect of the reproductions does not conflict with normal exploitation of the work to the unreasonable prejudice of the legal interest and residuary rights of the author (Regulation 2(b)). Cumulative effect is defined as follows (Regulation 1(iii)):- o o not more than 1 short poem, article, story or essay or 2 excerpts copied from the same author or more than 3 short poems, articles, stories or essays from the same collective work or periodical volume, for the purpose of instructing a particular class during any one term and; not more than 9 instances of such multiple copying for one course of instruction to a particular class during any one term. At the end of the term, therefore, students in a class may have received from their lecturer not more than: copies of 9 poems, articles, stories or essays by 9 different authors or copies of 18 excerpts from the works of 9 different authors (2 excerpts per author) or copies of 27 poems, articles, stories or essays from 9 different collective works or periodical volumes with the proviso that all of the 27 works
13 must have been written by different authors (DALRO). Section 12(4) of the Act allows a work to be used (and this includes copied), without permission of the author for teaching purposes. A single copy may be made by or for a lecturer, at his/her request, for research, teaching or preparation for teaching in a class. 5.1 Copying by students / researchers A student / researcher may make a single copy for the purpose of research or private study provided that (Regulation 2(a)): However, a student may not: 5.2 Copying by a librarian the use is reasonable (copying the whole work or a very large portion of work is regarded as unreasonable copyright infringement); the copy is made by the student or researcher himself/herself or by a librarian in his/her stead (no one else may make a copy for him/her); he/she does not disseminate the copy or make the copy available to anyone else. copy more than the permitted amounts, as specified above. If he/she needs to copy more than this, prior permission must be obtained directly from the publisher or from DALRO; make multiple copies for other students. Each student must make his/her copies, within legal limits; scan, adapt, translate or convert information into different formats without permission; place copyrighted works onto any web-page without prior permission; photocopy a whole book or journal, or a large portion thereof. This is unlawful and has a detrimental effect on intellectual creativity, scholarship, research, writing and publishing. If a book is out-of-print, prior permission has to be obtained, before reproducing any portion of the work beyond the ambit of fair use ; reproduce sheet music, videos, tapes, CD s, DVDs, films, sound recordings, etc. without prior permission (University of the Witwatersrand 2001).
14 A librarian may copy an article from a journal or anthology or a reasonable portion from any other work and may make a single copy available upon request to: 5.3 Copying by a lecturer A lecturer may: an individual for the exclusive purposes of private study or the use of the individual who has requested the work; a lecturer for research, teaching or the preparation for teaching a class; copy a work to replace an edition/copy which has been damaged or lost and for which an unused replacement cannot be acquired at a reasonable price; copy an unpublished work exclusively for preservation and security purposes; copy, upon request, the whole or substantial portion of a copyrighted protected work from the library s collection for private study or personal use, on condition that an unused edition cannot be acquired at a reasonable price. (A library is not permitted to compile a collection of articles or extracts from works in facsimile form, to replace such copies on the reserved shelf and allow students to duplicate such reproductions. In such cases it is possible for the royalties payable to be set according to the number of students that are registered for the course concerned.) make a single copy of a reasonable portion of a work for him/herself or request that the library makes such a copy for him/her for the purposes of research, preparation for teaching or class teaching. (Although the regulations are not very clear in this regard, the act is generally interpreted as including sketches, photographs or illustrations from textbooks or journals for illustrative purposes in the classroom.) make multiple copies of a reasonable portion of a work for him/herself, or request the library to make such copies, for classroom use, on condition that: o no more than nine (9) instances of such multiple copying occur for a given curriculum for a specific class during one quarter; and o that only one copy per student per course is made by or for the lecturer and is used exclusively in the classroom or for class discussions (this includes comprehension exercises and poetry analyses).
15 NB It is important to note that the Regulations state very clearly that the right to reproduce works applies only to literary works and that the Regulations exclude musical and artistic works. If a music teacher or leader of a choir wishes to make copies of a musical work, he/she must always obtain permission from the composer or his/her publisher. This provision also applies to artistic works, e.g. photographs, pictures, graphic works or diagrams which are published as illustrations or appendices. Furthermore, the above authorisations to lecturers are subject to the following: the reproduction of the above works is limited to: o the reproduction of no more than one short poem, article, short story or essay or two extracts by the same author; or o alternatively, the reproduction of no more than three short poems, articles, short stories or essays from the same anthology or collection of journals; o the reproduction must be made only for the purposes of teaching a specific class during a specific quarter; o the reproduction may not clash with the normal use of the work to the extent of constituting any unreasonable prejudice to the legal interests and vested rights of the author or holder of copyright; o copies may not be used to create, replace or substitute anthologies, compilations or collections; o no copies may be reproduced from works which are intended to be ephemeral in nature (i.e. designed to be relevant only for a short time), including workbooks, exercises, standardised tests and test booklets, answer sheets and similar ephemeral material; and o copies may not replace books, reprint editions or journals, and the same lecturer may not repeat copying of the same material during the same quarter. 6. Reproduction of electronic material The Internet has made it possible for researchers to surf through millions of pages of material in a matter of seconds in order to obtain photographs, journal articles, reports, conference proceedings, overhead projector slides, annual reports and so on. Technological advances have made access to information quicker and simpler than ever before. But, information, which is accessed on the Internet is subject to copyright law just as printed sources are. If you wish to copy information from a web site, you should first look at the page s own copyright notice. The page may have a notice which state clearly whether you
16 can cut and paste, download, or print out material and if so, how extensively. If there is no copyright notice, or if the copying you wish to undertake is not covered by the notice, you should obtain specific permission. This can probably best be achieved by ing the webmaster for that particular web site. When using the Internet, do not assume that if access is free, that there are no copyright restrictions. Always check the copyright notices and disclaimers. Some websites have strict conditions, whilst other allow reproductions for non-commercial or educational purposes. Each electronic database has its own licence, including copyright conditions. Many of the e-resources on the E Journal portal allow printed or electronic course packs to be made by UP staff and students only. 6.1 Copyright and electronic publishing 6.2 Tips for the Internet The same copyright protections exist for the author of a work regardless of whether the work is in a database, CD-ROM, bulletin board, or on the Internet. If you make a copy from an electronic source, such as the Internet or WWW, for your personal use, it is likely to be seen as fair use. However, if you make a copy and put it on your personal WWW site, it is less likely to be considered fair use. The Internet IS NOT the public domain. There are both un-copyrighted and copyrighted materials available. Assume a work is copyrighted. Always credit the source of your information. Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them. Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received. 7. When and how is permission requested? Where the use or reproduction of works protected by copyright cannot be authorized according to the fair use guidelines, permission must be obtained. The normal procedure is to approach the Copyright Office, level 4 in the library or or in this regard. 7.1 Guidelines for copyright application by UP staff
17 Any member of staff who wishes to provide students with course readers which include not only original material but also copyrighted material should obtain permission from Dalro (Dramatic, Artistic and Literary Rights Organisation (Pty) Ltd) for such reproduction. DALRO represents in South Africa the rights of reprographic reproduction in the vast majority of books and journals published in South Africa, England, America, Australia, New Zealand, Canada, Ireland, France, Denmark, Norway, Germany and Switzerland, and application for permission to the following information must accompany each application for reprographic reproduction rights (forms are available from the Copyright Officer or electronically on the AIS website): Title of the publication (book, journal, periodical, magazine); Author(s) of the publication (editor(s), compiler(s), etc.); Title of the specific chapter, section or article intended to be copied; Author(s) of the specific chapter, section or article intended to be copied; Author(s) of the specific chapter, section or article intended to be copied; ISBN (in the case of a book) or ISSN (in the case of a journal) number of the publication; Number of pages (as printed) intended to be copied; Number of copies to be made of the section intended to be copied; and Number of pages in the entire publication. (PLEASE NOTE: If essential information is lacking, permission may be delayed or denied). Send the completed form to the Copyright Officer, who will forward the request to DALRO, or the appropriate publisher. Within five working days of receipt, the Copyright Officer will send a confirmation notice to the requestor informing them of permission grants and/or denials on a work-by-work basis. 7.2 Basic steps for copyright application Lecturers 1 st Step
18 The academic staff / lecturer or TLE determines which articles or sources that he/she wants to use for his/her course for the academic year. The lecturer also determines if the requested articles or sources should be scanned and be placed on the electronic reserve, short loan reserve circulation (paper form) or on a coursepack. He/she should also indicate if the resources will be used for WEB-CT courses. The lecturer may either complete a copyright requisition form directly electronically on the library web page which is send automatically to the Copyright Officer (Jacob Mothutsi) or the lecturer may send his/her request to the Subject Information Specialist. The preferred method is for the lecturer to send his/her applications to the Subject Information Specialist. Information Specialist 2 nd Step The Information Specialist receives copyright application requests forms from the lecturer indicating what articles and sources are needed for the academic year or semester. The information specialist checks the information on the form to determine if it is within the required limit of 10%, checks to see if all the information is completely included namely the title of the book/journal; number of pages; ISSN/ISBN; the publisher and also the number of students registered for this subject. While checking the correctness of the information on the forms, the information specialist should take note that if the articles that the lecturer has requested are already available on electronic databases or journals that UP subscribes to, there is no copyright clearance needed as the institution already has a license agreement with the database or journal concerned.
19 Before sending the application forms to the copyright officer, the information specialist also checks if the articles (for journal articles) requested by the lecturer are not available on electronic journals that UP subscribes to as such request do no require copyright clearance as UP already has clearance with the licence agreement of the journal concerned. After checking and verifying that the information is correct, the Information Specialist sends or faxes the request forms to the Copyright Officer. If the application requested is to be placed on E- GV, the Information Specialist sends his/her application form with articles or sources that needs to be scanned simultaneously with the forms to the Copyright Officer. If the application requested is to be placed on the short-loan reserve section, the Information Specialist sends his/her application form with articles or sources that needs to be placed on short-loan reserve section. 3 rd Step Copyright Officer The Copyright Officer receives copyright application request forms from the lecturer or Information Specialist (electronically, faxed or posted). The Copyright Officer checks the forms to verify if the correct information has been completed correctly and if there is any data that is missing, the Copyright Officer contacts the Information Specialist or Lecture to clarify this. If the application request forms are completely and correctly filled, the Copyright Officer sends the copyright application forms (by fax) to DALRO to apply for copyright. If the copyright application has been granted, DALRO sends back this authorization information to the Copyright Officer.
20 7.3 How much does it cost? The Copyright Officer informs the Information Specialist about the request if it was granted or denied. If the copyright application requested was for articles or sources to be placed on E-GV, after being scanned and linked, Copyright Officer sends URL s to the Information Specialist or if the copyright application requested was for articles or sources to be placed on short-loan reserve section, they are place on short-loan reserve section. For 2006 the university tariff for a transactional licence to photocopy is R 0 36 per page per photocopy plus VAT. The tariff is adjusted annually. 7.4 Dalro copyright application form For application form to apply for copyright clearance, click (Books) (Serials & Journals) 8. Planning assistance The following individuals may be consulted and can assist in your planning: Department of Library Services Mr J.T Mothutsi: Tel Legal services Ms E Gardiner: Tel Printing Mr D Kretsman:: Tel Frequently asked questions concerning copyright issues What is protected under the Copyright Act? Literary (whether in written, printed or digital form), musical and artistic works, cinematograph films, sound recordings, broadcasts, programme-carrying signals, computer programmes and published editions. Surely it is acceptable to photocopy as much as I want for my classes as long as it is for educational purposes, and not for profit?
21 The Copyright Act does not say anywhere that you may copy as much as you like as long as it is not for commercial purposes. But the school has bought the book I want to copy from. If it belongs to the school, why must I ask someone else for permission? You have to separate the physical property (the book) from the intellectual property (the content) contained in it. Ownership of the book is not the same as ownership of the ideas as expressed in it. The expression of those ideas belongs to the author. The publisher has a separate copyright in the published edition or the typographical arrangement on the page. May I freely photocopy from a book that is out of print? No. Out of print does not mean out of copyright. Copyright in the content lasts for 50 years after the death of the author. Copyright in the published edition lasts for 50 years from the date of publication. Is it legal to photocopy an illustration (a photograph, map or diagram) and hand it out to my class for insertion into their exercise books? No. I can t afford to apply for a licence to reproduce an artistic work. To what extent must I change it so that it is no longer a copy? There is no copyright in ideas or in information, but there is copyright in the way they are expressed. It is legally acceptable to present the same information in an original, value-added manner, as long as it in no way resembles the genuine artistic work. I want to photocopy pages from a published workbook and hand them to my classes. Is this allowed by the regulations, since the purpose is classroom use or discussion? No copies may be made from works intended to be ephemeral*, including workbooks, exercises, standardised texts, etc. (sub-regulation 9(b)). * ephemeral lasting for only a short time. May I enlarge and photocopy a map, picture or diagram and stick it on the wall of my classroom? Yes, this is allowed by section 12(4) of the Copyright Act. I am busy putting together an exam paper. May I include a short extract from a book? Yes, if the extract is short you may reproduce it ( quote from it), but you must cite the source and author (see section 12(3) of the Copyright Act). May I photocopy a cartoon, tippex out the words in the bubbles, and ask pupils to insert their own words? No. May I make a backup copy of a video and store it in the school library? No.
22 How many copies of the chosen section may I copy for my students? The copyright regulations promulgated in terms of section 13 of the Act permit multiple copies for students as follows: not more than nine instances of multiple copying may take place for one course of instruction to a particular class during any one term. Furthermore, only one copy per pupil per course may be made. What must I do when I need to photocopy more than is allowed by the Copyright Act and Regulations? You must obtain a licence. We will then advise you if the amount you wish to copy is permissable and quote you the charge for doing so. You will receive confirmation in writing. If the material is not the copyright of Oxford University Press Southern Africa, The Dramatic, Artistic and Literary Rights Organisation (DALRO) is mandated by most publishers and authors worldwide to administer their reprographic reproduction rights and issue licences. Application for a licence should be made to DALRO. Write to DALRO, P O Box 31627, Braamfontein, 2017, or call (011) On receipt of the application, DALRO will issue a quotation of the cost. How much does a licence cost? In 2006 the university tariff for a transactional licence to photocopy is R 0,35 per page per photocopy plus VAT. The tariff is adjusted annually. What about obtaining a licence to copy works published outside South Africa? Can I still apply to DALRO? The application must still be submitted to DALRO, as they have reciprocal agreements with RROs in other parts of the world. DALRO will send the money collected to the RRO concerned. Do the copyright regulations apply to school libraries and public libraries? Yes. When making copies, a librarian may not photocopy the same extract for a whole crowd of students, whether they come into the library all at once, or one by one over a period of time. The purpose of this prohibition is to prevent abuse of the regulations, which permit certain acts of copying for classroom use or discussion, and also to prevent abuse of the fair dealing provision in section 12(1)(a) of the Act itself, which allows someone to make a single copy for personal and private use, or for scholarship or research. The following copyright warning must be displayed in the immediate vicinity of all unsupervised photocopying equipment. How can a work reference the copyright owner of digital photographs, video, or sounds? Include the copyright symbol and the name of the copyright owner directly on/under/around the digital material. It is virtually impossible to ensure that
23 digital information located at any distance from the image/video would be seen by a user if the copyright notice is not directly attached to the material. If the material is only used once for a class or a project, does the copyright owner need to be acknowledged? Images, graphics and video should be credited to their owners/sources just as written material. Also, if you should change your mind and want to use material for commercial purposes, then it is important that you would know where and when you found the material and who the copyright owner is. Is content on the Internet copyrighted? Yes, everything on the Internet (including everything on the World Wide Web) is copyrighted. It is a common misconception that everything on the Web is in the public domain. While it is true that documents on the Web (and in other digital formats) are easier to reproduce and distribute than other media, the ease of reproduction and distribution does not change the copyright. Digital content is still copyrighted and copying or reproducing it without permission may be illegal. Is linking to something on the Web a copyright violation? When you create a hyperlink from one Web page to another, you have not made a copy of the original work, so this is not a copyright violation. Generally, you are also not expected to request permission to link to a Web page, though it is often considered courteous to do so. 10. List of References University of the Witwatersrand, Copyright Service Office, 1 Jan Smuts Avenue, Johannesburg, Dean, O, S.A Handbook of Copyright, Juta, 1988, 1 61, Services 8 DALRO s document entitled Reprographic reproduction of Copyright Material for educational purposes Pg 5
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