Copyright Essentials and Exceptions

Naomi Korn

CEO and Founder, Naomi Korn Associates� 

What we’ll cover today…

• Copyright overview
• Types of IP
• Exceptions to copyright
• Clearing rights
• Creative Commons and finding content to use
• Orphan works and risk management

HOUSE KEEPING

• Please mute your microphones but keep your videos on if you would like
• Use chat box for interactions including questions which I’ll take at the end
• Session is being recorded
• Don’t say anything online you wouldn’t say in person!

Copyright

The contents of this presentation are ©Naomi Korn Associates, 2021. This presentation may be shared and reused for non-commercial purposes

Disclaimer:

The information provided within this presentation is an opinion and should not be construed as legal advice.

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Who are we?

Naomi Korn Associates is one of the most experienced and trusted providers of information law related training and consultancy services for a wide range of international and UK based organisations, creators and art collectors.

Introducing Ethel

Layers of copyright and complexities

• Copyright ownership
• Copyright duration
• Tracing copyright holder
• Author’s copyright
• Third party rights
• Unknown / orphan works

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Individual Work: True or False

1. Copyright protects tangible creative works.
2. The public domain refers to the content you can find and use on the internet.
3. Copyright is automatic and does not require registration.
4. Copyright laws came about 100 years ago
5. It’s your responsibility and therefore your risk, to get permission to reproduce content, even if the rights holder is unknown or cannot be traced.

What types activities will involve copyright?

• Publishing
• Online activities
• Webinars and developing online learning resources
• Comms and marketing
• Interpretation and education activities

Photo by Sam Barber on Unsplash

Introduction to Intellectual Property (IP) Rights

• IP = fruits of the human mind
• Underpinning innovation – trade - GDP
• Human, not animal…vegetable….mineral or machine
• IP and AI
• IP is an intangible property…behaves just like physical property

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Photo credit: Birmingham Museums Trust

IP – what do we mean?

• Copyright: automatic/creative works
• Moral rights: automatic/copyright-performers
• Trade marks: automatic and registration/logos etc
• Design rights: automatic and registration/eye appeal
• Database rights: automatic/data
• Patents: registration/inventions
• Performers rights: automatic/audio-visual performances

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• Don’t forget other rights like privacy rights!

Copyright is very old: Statute Of Anne 1709

Hogarth and the Engraving Copyright Act 1734

“The Painter and His Pug” William Hogarth. From the Tate’s Collection. Image © Tate

Introduction to copyright

“Taking Up the Eel-Net”, Photograph by Peter Henry Emerson, 1886 Digital image courtesy of the Getty's Open Content Program

• Automatic
• Exclusive right to permit (or not) others from:
• Copying
• Broadcasting
• Performing
• Disseminating
• Renting
• Making available to the public
• Communication to the public
• Copy-right
• Financial benefits too
• DISPLAYING ….

What is protected by copyright under CDPA 1988?

©

Artistic works

• Paintings
• Sculptures
• Photographs

Sound Recordings

• CDs, records
• Digital recordings

Musical works

• Scores
• Musical notation

Film

• Audio visual recordings
• video

Broadcasts/cable programmes

Literary works

• Written text
• Lyrics
• Database (creative)
• Computer software

Typographical arrangement

- Layout of published editions

Dramatic works

• Choreography
• Stage notes

Life + 70 years

Pub + 25 years

Pub + 50 years

Pub + 70 years

Layers of rights

More on originality

Glenn Brown, The Loves of Shepherds

Illustration by Anthony Roberts

How much is that puppy?

String of Puppies By Jeff Koons © Art Rodgers

Photograph by Art Rodgers © Art Rodgers

Moral Rights

(NB: Applies to work and copies)

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• Right to object to derogatory treatment
• Right to be ID’d as the author
• Right against false attribution
• Right to privacy (certain films/photos)

Group work in breakout rooms: Exceptions

Exceptions to Copyright

• Personal copies for private use or private study (not include social media)
• Research for a non-commercial purpose
• Criticism, review, quotation, news reporting

Photo by Mika Baumeister on Unsplash

Exceptions to Copyright

• Illustration for instruction (+ others for educational establishments)
• Text & data analysis for non-commercial research
• Caricature, Parody or pastiche

Photo by Robo Wunderkind on Unsplash

Exceptions to Copyright

• Sculptures in public places / freedom of panorama
• Incidental inclusion
• Accessibility
• Preservation, dedicated terminals

Photo by C M on Unsplash

Clearing rights

1. Decide what you want to use?
2. Decide how you want to use it?
3. Check if it is in copyright
4. Trace the rights holder
5. Leave time to negotiate or find something else
6. Clarity about permission required
7. Keep a record of the permission granted
8. Credit where credit is due!

Creative Commons

• Licensing system
• Clear, standard way to give permission to�all users to share creative works
• Various types of CC licences
• Need sense check that person licensing �content has right to do so
• Creative Commons licensed content includes
• Images – recommend Unsplash / ArtUK / Pixabay / Flickr
• Videos – recommend YouTube
• Music - recommend Free Music Archive

Types of Creative Commons licences

• CC 0
• CC BY
• CC BY SA
• CC BY NC
• CC BY ND
• CC BY NC SA
• CC BY NC ND

Activity

Sources of CC licensed material

• Art UK/ British Library/ Wellcome Trust Foundation
• Birmingham Museum and Art Gallery offers images of all out of copyright works on a Creative Commons CC-0 Public Domain licence.
• British Cartoon archive offers cartoons which can be used for teaching purposes including academic seminars and conferences.
• Imperial War Museums
• National Gallery offers images of some works in its collection on a Creative Commons CC-BY-NC-ND licence, mainly ones out of copyright. It currently states that non-profit publications, personal websites, blogs, and social media are defined as non-commercial use.

Image caption: A female abalone diver wrestling with an octopus. Colour woodcut by Yoshitoshi, 1870s

Image credit: Wellcome Collection. Attribution 4.0 International (CC BY 4.0)

Further sources of CC licensed material

• National Portrait Gallery
• Royal Shakespeare Company images have a large selection of images from RSC productions available to use in a classroom or for an educational activity.
• Science Museum offers images of works in its collection on a Creative Commons CC-BY-NC-SA licence and you can refine your search to non commercial use only.
• Tate offers images of some works in its collection on a Creative Commons CC-BY-NC-ND licence, mainly ones out of copyright. You can refine your search results to artworks with Creative Commons licences.
• York Museums Trust offers images of works in its collection on a Creative Commons CC-BY-SA or Public Domain licence.

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Image caption: Sketch of a Waterfall. Painting by Muller, William James, 1812

Image credit: York Museums Trust, Public Domain

Orphan works

• Works in copyright where rights holders are unknown or cannot be traced
• 100’s of millions across heritage organisations
• 40-50% of collection items

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• Rights management = risk management
• Appetite for risk

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Orphan Works Licensing Scheme

• Applies only for use in the UK
• Can be for commercial or non-commercial use – see https://www.gov.uk/government/publications/orphan-works-commercial-and-non-commercial-licences
• Is non-exclusive (not restricted to a single licensee)
• Can last up to 7 years
• Will be able to be renewed

https://www.gov.uk/guidance/copyright-orphan-works

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Copyright - where do we need to be?

• Only use content you know you can use on the platform you want to use it
• Permission in writing
• Make sure that the permissions you are granted are enough to allow you to do what you want to do (including licensing out under CC licences)
• Don’t exceed licence/contractual terms unless:
• You can under the exceptions to copyright (unlikely)
• You get extra permissions

Photo by Annie Spratt on Unsplash

• Don’t forget to credit
• Keep a record of any licensing terms so that you can refer to them at a later stage
• Have a strategy in place for orphan works…
• Don’t forget other legal issues: performers’ rights, data protection (UK GDPR) etc

Copyright - where do we need to be? Continued…

Photo by Sam Barber on Unsplash

• Intellectual Property Office - Intellectual property rights resources, information and updates on UK legislation: www.gov.uk/government/organisations/intellectual-property-office

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• Copyright User - A website providing guidance and resources about using copyright resources: www.copyrightuser.org

Useful resources

Photo by Charles Deluvio on Unsplash

• Heritage Digital – an initiative aimed to increase the amount of free digital skills training and support available to heritage organisations: www.charitydigital.org.uk/heritage-digital

• Naomi Korn Associates website

www.naomikorn.com/resources

Useful resources

Photo by Charles Deluvio on Unsplash

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 Thank you

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Website: www.naomikorn.com

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Email: info@naomikorn.com�