2 Aims and objectives Become familiar with key points about copyright law, NHS CLA licence and elicences and how they interact Understand the proposed changes to the law and impact on the work of the NHS Know where to find out further information
3 Introductions Naomi Korn Copyright Consultant by profession Archaeologist by training Working for information specialists
4 Disclaimer This guidance has been designed to give a broad overview of the issues that will often need to be considered by NHS staff who publish material. It is by no means a comprehensive summary of the law of copyright, which is very complex nor should be taken as legal advice. If you have any doubts as to whether or not your copying will infringe any third party rights please seek clarification from your Trust Library and Knowledge Services Manager.
5 Webinar Programme Welcome Quiz Setting the Scene: Copyright Overview + Case Law update! CLA/NHS Licence Scheme e-resources and licences Changes to the law and their impact on the NHS! Questions and Answers Summary and concluding remarks
6 Setting the scene There may be a number of other legal issues that impact on your use of works including confidentiality, data protection, defamation, reporting restrictions, obscenity and negligence. Sometimes copyright is just one aspect that you need to consider before you can be confident that a proposed publication or other use is lawful.
7 Speed of technological change vs. speed of legislative change
8 Quiz 1.Intellectual Property Rights protect fruits of the human mind? TRUE / FALSE 2.Intellectual Property Rights can be bought, sold, rented, gifted and bequeathed? TRUE / FALSE 3.Copyright protects original ideas as soon as the idea occurs to you? TRUE / FALSE 4. Copyright is automatic and does not require registration? TRUE / FALSE 5.Most web content can be reused freely? TRUE / FALSE 6.If you have access to a book or journal at work, you can freely copy and repurpose it? TRUE / FALSE 7. It is the user s responsibility to get permission, even rights holder are unknown or cannot be traced? TRUE / FALSE 8.Works can be used without permission and with minimal risks, if a disclaimer is used? TRUE / FALSE 9.If you buy music from itunes, you can listen to it, play it in public, use it in other products and perform it? TRUE / FALSE 10. If you commission a work, you will automatically own the rights? TRUE / FALSE
9 Rights overview Copyright is part of the family of Intellectual Property Rights (or the rights that protect creations of the mind ) IPR Database Rights Performers Rights Copyright Trademarks Moral Rights Trade Secrets Patents NHS is a generator of content protected by Intellectual Property Rights (IPR) NHS is also a user of content produced by third parties, and so user of their IPR Unlawful exploitation of IPR can result in legal action, break down of trust and bringing the NHS into disrepute. It is therefore very important to recognise IPR, protect it and use it legitimately
10 What is copyright? Copyright is an exclusive property right, which automatically protects a range of creative works, including: Original literary, dramatic, musical or artistic works; Sound recordings, films, broadcasts Typographical arrangements Important to know because: Lots of material protected by copyright Lots of rights holders Layers of rights
11 Copyright works in our care NHS organisations have many copyright works in their care The majority of materials handled each day by library staff are protected Some are covered by the CLA licence, some by an elicence, everything else is covered by copyright law but take particular care with digital resources Printed books and journals E-books and journals Databases and software Videos, CDs, DVDs E-learning programmes Websites and digital images Government publications Directories, maps, newspapers Trust documents, s, presentations, patient information leaflets, etc, etc
12 Layers of rights Journal may consist of: Text (copyright belonging to author/s or publishers) Images (copyright belonging to the photographer and/or artist) Layout (copyright belonging to the publisher)
13 Who does copyright belong to? Copyright will belong to the author BUT if the work is made by an employee in the course of his/her employment, the employer is the first owner of copyright. What about students and contracted staff?
14 Some key points about copyright Duration of copyright varies Copyright is about balances Contract law can over-ride copyright Role of legislation and licences
15 Electronic materials Digital is no different everything in machine readable form is still copyright - includes s, web pages, e-journals, etc, etc. Dangerously quick, cheap and easy to make high quality copies of digital materials! Just because it is free on the web does not necessarily mean you have an implied licence to copy put yourself in rights holder s position... So you need to abide by law and/or any applicable licences. Details about what you can and cannot do often in small print...
16 Licensing schemes and elicences Licences allow more copying than the law Licences are contracts, and contracts override copyright law Licences can be free, but often cost money Licences often provide an indemnity But you must always follow the terms of the licence precisely if not, you may be in breach of the licence and/or be infringing copyright Licensing schemes cover multiple publishers e.g. the CLA (covers many publishers of printed books and journals) and the NLA (covers national newspaper publishers) Publisher/supplier licences may cover single or multiple publishers of electronic resources e.g. BMJ, Ebsco Databases, ejournals and ebooks purchased at national, SHA and local level, and free/open source journals, are covered by elicences
17 Interaction of legislation and licences Law Out of copyright elicences CLA Licence NHS copyright
18 I allow very limited copying of lots of stuff I trump that! I allow more generous copying from most printed books and journals I also allow more generous copying, and my licence trumps yours!! Copyright Law elicence CLA Licence
19 NHS England CLA Licence Centrally negotiated Covers large repertoire of materials Some materials excluded: Unpublished works Excluded works Maps
20 Who are Authorised Users?
21 How extensive is the coverage? Licensee: All NHS health authorities, NHS Trusts, social care organisations and any other person(s) or body established under, or pursuant to the Secretary of State for Health s powers under the National Health Service Act 1977, the National Health Service Act 2006, and the 2012 Health and Social Care Act, in so far as they apply to England. The list of organisations, persons and bodies established as a result of the Act is very inclusive see Public health functions transferred to local authorities as a results of this Act, and staff working in these functions continue to be covered. As we are paying the same price for the licence, we specified that we needed a licence that continued to cover everyone working in functions/roles previously been covered under the NHS licence. The CLA have agreed to extend the licence as is this year, using the same definition of licensee - on the understanding that: CLA and the Department of Health will work in good faith to develop a new licensing framework to provide a copyright licence appropriate to the new structure for the provision of health and social care in England to take effect in April 2015.
22 NHS England CLA Licence Authorised users can: Scan materials in the repertoire to make digital copies Provide printed or electronic copies of articles in the repertoire at request of authorised users and students Provide printed or electronic copies of repertoire items for all internal information purposes (not defined, but can be interpreted very broadly and includes personal use) Supply a copy of an individual document to an authorised user of another library Make appropriate copies for disabled persons Provide copies to regulatory bodies
23 Limitations in Licence Original item must be owned or BL copyright fee paid No more than 5% OR two articles in a single issue of journal, OR one chapter of a book, which ever is the greater Any number of articles from athemed journal No commercial exploitation of copied items Must not substitute for purchase If used for training, no payment for training must be involved
24 CHECKING OUT THE CLA WEBSITE: - NHS England Licence - Excluded Works - Title Search facility
25 National core content licences Ovid, Ebsco, BMJ, SWETS, (Coutts) Have tried to standardise as far as possible what these say about permitted and prohibited uses All include a clause which states that the Licence shall complement and extend the rights of the Licensee and Authorised Users under the Copyright Act... and constitute a waiver of statutory rights held by the Publisher, Licensee and/or Authorised Users... In each case, Authorised Users are all those eligible for NHS England Athens accounts
26 NCC licences: permitted & prohibited uses Authorised Users may: Save Print Present Send links Distribute copies to other authorised users NOT EBSCO Incorporate content in course packs and on VLEs NOT EBSCO But not: Modify Systematically make multiple copies Place on internet or other network Use for commercial purposes Systematically send copies other than to Authorised Users Incorporate into publications Libraries may supply ILL copies for Authorised Users
27 NHS England Framework Agreement Includes standard terms and conditions and a model licence for e-resources purchased by the NHS in England Details on OGC Buying Solutions website Unfortunately: But: Many purchases made by NHS organisations use the suppliers standard licences so there is variation and a need to read the small print! It covers more types of e-resource Hopefully it will be much more widely used by purchasers and suppliers meaning standardisation and better compliance
28 Fair Dealing Users make their own copy Normally single copies of a limited amount Only certain types of works Purposes and quantities must be deemed to be fair Less restrictive than Library Privilege, but still restricted to certain uses only The only permitted purposes are: non- commercial research or private study; criticism or review; or reporting current events IN OTHER WORDS TOO LIMITED TO BE OF REAL BENEFIT TO NHS!
29 Library Privilege Prescribed libraries only NHS libraries are indeed prescribed Provision of single copies for users Certain classes of works Non commercial research or private study Limited amounts Use of declaration forms is obligatory Reasonable re-numeration
30 New Fair Dealing from 1 June 2014! Users make their own copies YES Normally single copies of a limited amount YES Purposes and quantities must be deemed to be fair YES Less restrictive than Library Privilege, but still restricted to certain uses only MORE NOW! The only permitted purposes are: non- commercial research or private study; criticism or review; or reporting current events [PLUS NEW EXCEPTIONS OF RELEVANCE TO NHS: DATA AND TEXT MINING; ILLUSTRATION FOR INSTRUCTION PURPOSES; PRESERVATION COPYING; DISABLED USERS]
31 New Library Privilege from 1 June 2014! Prescribed libraries only NHS libraries are indeed prescribed. PUBLICALLY ACCESSIBLE LIBRARIES NHS IN SCOPE Provision of single copies for users - SAME Certain classes of works ALL WORKS Non commercial research or private study - SAME Limited amounts - SAME Use of declaration forms is obligatory DECLARATION IN WRITING Reasonable re-numeration NOT OBLIGATORY
32 What You can Do Next? First understand what you can copy and how under your CLA Licence Then check your electronic licences if this is not covered For ALL other material and uses not covered under the scope of the licences consider Fair Dealing/Lib Privilege!
33 Resources Copyright page on NHS Library Services website information/nhs_copyright.html SCA IPR and Licensing Learning Module CLA UK IPO Office Libraries and Archives Copyright Alliance
34 Follow up Understanding rights Compliance with licences Management of rights Communication of rights Championing of copyright
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