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Copyright Compliance

Mar 2008 | 176pp

Paperback
9781856046404
Price: £64.95
CILIP members price: £51.95


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Copyright Compliance
Practical steps to stay within the law

Paul Pedley

Copyright is not a subject that most individuals or organizations want to study in depth. They simply wish to be able to copy material in the knowledge that what they are doing is within the law.
 
Library and information professionals must take a particular interest in copyright matters, because they find themselves placed in the difficult position of, on the one hand, being asked by their users to provide access to content, whilst, on the other hand, needing to be mindful of the legal rights of the creators and distributors of intellectual property.
 
Copyright law is extremely complex, and consulting a copy of the legislation is not easy or straightforward, given that the Copyright, Designs & Patents Act 1988 has been amended many times over the past two decades. This practical book aims to promote the understanding of copyright compliance by users, and to simplify the task of library and information professionals in advising on it.
 
Fully supported by examples of case law, the text is divided into two main parts. The first part considers what constitutes an infringement of copyright, and what happens when things go wrong. The second part deals with the question of how to stay within the law, and what one can do proactively to minimize the risks associated with copyright infringement. The contents cover:
  • what constitutes infringement, and what are its consequences
  • what are low, medium and high risk activities
  • some copyright legal cases and what we can learn from them
  • enforcement of intellectual property rights
  • dispute resolution: court action, arbitration, mediation
  • how to ensure that your copying is properly authorized
  • the copyright clearance process
  • practical steps you can take to stay within copyright law
  • developing a copyright policy
  • the copyright implications of freedom of information.  
Readership: This essential guide will help any individual, organization or library and information professional to copy material with greater confidence that they are doing so legally.

Legislation 
Case law 
 
Abbreviations 
 
1. Introduction
 
1.1 Copyright compliance is both a legal and an ethical issue 
1.2 Policing acts of copying 
1.3 Why is there so much legal uncertainty? 
4 Terminology used in the Database Regulations 
 
2. Copyright basics
 
2.1 What is copyright? 
2.2 What does copyright protect? 
2.3 Requirements for copyright 
2.4 Who is the owner of copyright? 
2.5 How long does copyright last? 
2.6 Copyright exceptions 
 
PART 1: COPYRIGHT INFRINGEMENT AND WHAT HAPPENS WHEN THINGS GO WRONG 
 
3. What constitutes infringement, and what are its consequences?
 
3.1 What constitutes infringement? 
3.2 Primary infringement 
3.3 Secondary infringement 
3.4 What are the consequences of copyright infringement? 
3.5 Civil proceedings 
3.6 Criminal offences 
3.7 Remedies 
3.71 Reputation managment 
3.8 Moral rights 
3.9 Cease and desist letters 
 
4. What are low, medium and high risk activities, and how can you minimize the risks?
 
4.1 Risk management 
4.2 How can your business reduce the risk of infringement? 
 
5. Some copyright legal cases and what we can learn from them 
 
6. Enforcement of intellectual property rights
 
6. 1 Legislation 
6. 2 Trading standards 
6. 3 Evidence required in criminal cases 
6. 4 The role of internet service providers in tackling file sharing 
6. 5 Gowers Review recommendations on enforcement 
6. 6 National IP Crime Strategy 
 
7. Dispute resolution
 
7. 1 Court 
7. 2 Copyright Tribunal 
7. 3 Alternative dispute resolution 
7. 4 Arbitration 
7. 5 Mediation 
7.5.1 UK IPO mediation service 
7.6 Jurisdiction 
 
PART 2 HOW TO STAY WITHIN COPYRIGHT LAW 
 
8 How to ensure that your copying is properly authorized
 
8.1 Is your copying authorized? 
8.1.1 Statute 
8.1.2 Permission 
8.1.3 Contract 
8.1.4 Licence 
8.2 Can I copy? 
8.3 Fair use and the PNAM tests 
8.4 Copyright declaration forms 
8.5 Creative Commons 
8.6 Public domain 
8.7 Keeping within the terms of licence agreements 
 
9. The copyright clearance process
 
9. 1 Pre-clearance issues and preparation 
9. 2 Clearing the required rights 
9. 3 Tracing copyright holders 
9.3.1 Tracing the rightsowner for American content 
9.3.2 Orphan works 
9.3.3 Copyright Clearance Center 
9.3.4 HERON 
9. 4 Sample forms 
 
10. Practical steps you can take to stay within copyright law
 
10.1 Copyright posters and notices 
10.2 Staff training and awareness 
10.3 Organizational documentation 
10.4 Checklist of key things for keeping legal with copyright 
 
11. The copyright implications of freedom of information and the re-use of public sector information
 
11.1 Freedom of information 
11.2 Environmental Information Regulations (EIR) 
11.3 Re-use of public sector information and copyright 
 
12. Developing a copyright policy
 
12.1 Creating a policy 
12.2 Communicating the policy 
12.3 Enforcing the policy 
 
Appendix. Sample clauses for inclusion in a copyright policy 
 
Further information

"…an important contribution to the "practical" side of staying within copyright law."
- The Copyright & New Media Law Newsletter

 

"The synopsis of the book says that it "aims to promote the understanding of copyright compliance by users, and to simplify the task of library and information professionals in advising on it". In conclusion I would certainly say that this claim is justified...Quite frankly, the price of this book in comparison to the detriment to an organisation for non-compliance of copyright law is minimal."
- Legal Information Management

 

"This is something to disappoint the litigation lawyers: Copyright Compliance: practical steps to stay within the law is the title of a very useful work...this book is certainly up-to-date and refreshingly direct...Well done!"


- IPKAT

 

"This will be relevant to all librarians who have to deal with copyright material in a wide variety of formats…We are, however, presented with information that should be at our fingertips and practical advice to ensure that we remain on the right side of the law."
- Update

Paul Pedley MA MLib FCLIP is a leading expert in information law. He is a Visiting Lecturer at City University, responsible for the Information Law and Policy Module; he has been a member of LACA, the Libraries and Archives Copyright Alliance since 1998; and is the author of Essential Law for Information Professionals, Digital Copyright, and Copyright Compliance: practical steps to stay within the law, and editor of Managing Digital Rights. Paul regularly runs training courses on copyright and other legal issues.

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