About copyright
CLA licenses organisations to photocopy and scan extracts from magazines, books, journals and digital publications.
Copyright and the CLA
The licences are granted on behalf of the authors, publishers and visual creators who are the copyright owners. The UK legislation governing copyright is the Copyright, Designs and Patents Act 1988. The law was amended by the Copyright and Related Rights Regulations of 2003 to comply with EU Directive 2001/29/EC. The law states that anyone wishing to copy from copyright publications requires permission from the copyright owner in advance. The easiest way to obtain permission is to buy the appropriate CLA licence which will grant 'blanket clearance' in return for one easy annual payment.
Basic introduction to copyright
Copyright is a right granted by law that gives the creators of literary, dramatic, musical or artistic works the ability to control ways their work is used and to earn a fair reward for that use. In the case of authors and publishers it provides a means for them to earn a living by writing and publishing. Copyright law also protects sound recordings and films (CDs, videos and DVDs) as well as computer software and broadcasts. Copyright is part of a family of intellectual property (IP) rights recognised under UK law. Other forms of IP that enjoy legal protection include Designs, Patents and Trademarks. Copyright law in the UK is automatic and work is legally protected the moment it is created in material form, e.g. written down or recorded. The legal owner in the first instance is the creator (author) of the work. The main exception to this is when the work is created in the course of employment and in these cases the copyright usually belongs to the employer. Copyright protection in the UK generally lasts for 70 years following the death of the author.
Rights granted by copyright law
The law sets out specific rights that only the author of the work has the right to do. These rights can be placed into two distinct groups; economic and moral.
Economic rights are:
- the right to make a copy
- the right to distribute copies (publish)
- the right to rent or lend
- the right to perform or exhibit to the public
- the right to transmit or broadcast
- the right to adapt
Moral rights are:
- the right of paternity - to be identified as the owner
- the right of attribution - to not have the work falsely attributed
- the right of integrity - to object to any usage that damages reputation
These nine rights are alternatively known as 'restricted acts' as they are acts that only the owner can authorise. The copyright owner can manage and exploit their rights by either licensing them or by assigning the rights to a third party. By assigning the rights the owner gives up control of them on an exclusive basis whereas licensing them allows them to authorise restricted acts on a non exclusive basis.
Copyright infringement
Infringement of copyright occurs when a restricted act is carried out without the permission of the copyright owner; e.g. taking a copy of a work without permission. Infringement is generally a civil offence and a common penalty is the award of damages and the destruction of any infringing materials. However in cases where someone is dealing in infringing copies (selling pirate materials) this is known as secondary infringement and can be a criminal offence punishable by a prison sentence. Where an act constitutes a criminal offence action can be taken by Trading Standards and other enforcement agencies as well as by the copyright owner.
The value of copyright
Copyright is important because it protects the interests of the creators and those who invest in creativity. If there was no legal copyright protection, it would be difficult for creative people to make a living from their work. It would be less likely that anyone would be willing to fund the publishing of a book, the making of a film or the recording of music if there was less opportunity to earn a return and there was no protection from copying by others. The easier it becomes to access creative works the more vital it is that we respect copyright law so that people continue to produce the creative works which add value to our lives. By supporting copyright owners, CLA plays a part in maintaining the value of their work, thereby sustaining creativity and its benefit to all. Through protection of this sort the creative industries in the UK have been able to grow to support millions of jobs and produce over 8% of the UK's GDP.
Changes to UK copyright law
In 2003, the law of copyright in the United Kingdom changed in a number of significant respects. The changes stemmed from a European Union Directive passed to harmonise the laws of copyright amongst Member States and to bring the laws up to date to take account of the realities of electronic information in general, and the Internet in particular.The EU Directive has led to a number of important changes to UK copyright law. One of the most important changes was to remove from some of the exceptions to copyright (i.e. fair dealing and the library privileges), any copying that is carried out for commercial purposes.
CLA and the British Library jointly published notes about how the changes might affect users of copyright publications.
