This document summarizes copyright law in the educational context. It outlines the rights of copyright owners, exceptions for education and fair dealing, UCC's ICLA license agreement, and remedies for breaching copyright. Key points include what materials are protected by copyright, permitted uses of copyrighted works for education, and limitations on copying works for course materials under the ICLA license.

1. Copyright law in the
Educational context
Louise Crowley and Darius Whelan
Faculty of Law, UCC
Ionad Bairre Seminar 8 Nov 2012
Nov 9, 2012 UCC Teaching and Learning 2012 1

2. Overview
• What is copyright?
• Rights of copyright owner
- permitted & prohibited acts
• Statutory Exceptions:
– Fair Dealing/Education
• UCC
- ICLA licence agreement
• Extended rights in educational
context
• Moral rights
• Employers – UCC IPR Policy
• Remedies for breach
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3. What is Copyright?
• Copyright - property right
• Subsists in an original work
• Use/authorise others to use
• Prevent others from using
• Subsists automatically – no
need to declare or register
• Life of author plus 70 years
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4. What work is protected by ©?
• Copyright and Related
Rights Act 2000
• Section 17
– Original literary, dramatic, musical
or artistic works,
– Sound recordings, films,
broadcasts or cable programmes,
– The typographical arrangement of
published editions,
– Original databases
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5. Original expression
• Evidence of author’s skill and labour
• Detail of expression
• Relatively low threshold
• No protection of ideas or principles
• Protection lies in respect of the
expression of the idea
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6. Positive Rights of © owner
• Exclusive right to use or authorise
others to use
• Copy the work
• Make work available to public
• Distribute the work
• Make an adaptation of the work
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7. Prohibited Acts
• Without the permission of the
copyright owner, others are
prohibited from the following
acts:
– Reproducing the work
– Publishing the work
– Performing the work in public
– Broadcasting the work
– Making an adaptation of the work
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8. Exceptions to © protection
• Statutory provisions
– Fair dealing
– Education
– Private research
– Criticism or Review
– Incidental inclusion
• Licences
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9. Fair Dealing
• Governed by statute and common law
• Chapter 6 2000 Act - sections 49-52
– Private research or study
– Criticism or review
– Incidental inclusion
• Fair dealing means the use of the work
in circumstances where it has already
been lawfully made available to the
public, for a purpose and to an extent
which will not unreasonably prejudice
the interests of the owner of the
copyright.
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10. Education exception….
• Sections 53-58 of 2000 Act
• Copying for instruction or
preparation for instruction
– only one copy made
– sufficient acknowledgement
• Not by reprographic means
• By or on behalf of instructor
• One single copy
• Sufficient acknowledgement
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11. Education exception
• Copying permitted for the
purpose of setting examination
• Includes sound recording, film,
broadcast, cable programme
or original database
• But infringement if sold, rented,
lent, offered or exposed for sale
• Statutory limitations serve to
highlight the importance of
licenses
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12. UCC – ICLA Licence
• Over-rides statutory limitations
• Use is limited to the terms of licence
• Applies to staff and students of UCC
• Limited by scope of ‘licensed materials’
• Must be a copy of the original work
• Inclusive approach to Irish materials
• Also includes EU and US publishers
• Extended to digital copying 1/1/2006
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13. Extent of licence
• To make/permit copies as required
by the employees and/or students
• To make copies available to
students/staff
• Must make copy of original
• Permits compilation and distribution
of course packs
• UCC can charge for expense
incurred
• Must include name of author and
publisher on front page of each
copy
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14. Limitations
• Not exceed 5%/one chapter of
a published work, save:
• A whole article may be copied,
but not more than one article in
any one issue of a publication
• A short story/poem of not more
than 10 pages in length
• Provided not in connection with
any commercial activity other
than educational purposes
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15. Digital and Intranet extension
• Supplements original licence
• Operative since 1 Jan 2006
• Permits scanning, posting on
blackboard and printing of material
• Limited to ‘licensed works’
• Cannot email the protected works
• Expressly excludes posting material
on worldwide web
• Cannot reproduce on to CD, DVD,
floppy disk etc
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16. Moral Rights
• Chapter 7 – 2000 Act
• Retention of integral rights
• Expressly includes:
– Paternity right
– Integrity right
– False attribution
– Prevent mutilation
• Power to waive moral rights
• Question of ownership in UCC
context
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17. Rights of the Employer
• Section 23 2000 Act
– Where work is made by an employee
in the course of employment, the
employer is the first owner of copyright
in that work, subject to contrary
agreement between parties.
• Importance of employer/employee
clarity
• UCC IPR Policy
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18. UCC IP Rights Policy
• Statutory entitlement to own the
copyright
• Policy – doesn’t assert these rights
• No express provision in contracts of
employment
• Issues for inventions
• Who issues proceedings?
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19. Remedies for breach
• Criminal and civil remedies
• Whose rights are breached?
• EU Enforcement Directive
• Civil proceedings
– Damages
– Injunction
– Cease and desist
– Account for profits and gain
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