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Copyright compliance: practical steps to stay within the law

Copyright compliance: practical steps to stay within the law

Pedley, Paul

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

Hardback, Book. English.
Published London: Facet, 2008
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Available: Newton Park

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Details

Statement of responsibility: Paul Pedley
ISBN: 1856046400, 9781856046404
Intended audience: Specialized.
Note: Includes bibliographical references and index.
Physical Description: xix, 151 p. ; 24 cm.
Subject: Libraries; Copyright Great Britain.; Copyright

Contents

  1. Legislation 
  2. Case law 
  3. Abbreviations 
  4. 1. Introduction
  5.  
  6. 1.1 Copyright compliance is both a legal and an ethical issue 
  7. 1.2 Policing acts of copying 
  8. 1.3 Why is there so much legal uncertainty? 
  9. 4 Terminology used in the Database Regulations 
  10. 2. Copyright basics
  11.  
  12. 2.1 What is copyright? 
  13. 2.2 What does copyright protect? 
  14. 2.3 Requirements for copyright 
  15. 2.4 Who is the owner of copyright? 
  16. 2.5 How long does copyright last? 
  17. 2.6 Copyright exceptions 
  18. PART 1: COPYRIGHT INFRINGEMENT AND WHAT HAPPENS WHEN THINGS GO WRONG 
  19. 3. What constitutes infringement, and what are its consequences?
  20.  
  21. 3.1 What constitutes infringement? 
  22. 3.2 Primary infringement 
  23. 3.3 Secondary infringement 
  24. 3.4 What are the consequences of copyright infringement? 
  25. 3.5 Civil proceedings 
  26. 3.6 Criminal offences 
  27. 3.7 Remedies 
  28. 3.71 Reputation managment 
  29. 3.8 Moral rights 
  30. 3.9 Cease and desist letters 
  31. 4. What are low, medium and high risk activities, and how can you minimize the risks?
  32.  
  33. 4.1 Risk management 
  34. 4.2 How can your business reduce the risk of infringement? 
  35. 5. Some copyright legal cases and what we can learn from them 
  36. 6. Enforcement of intellectual property rights
  37.  
  38. 6. 1 Legislation 
  39. 6. 2 Trading standards 
  40. 6. 3 Evidence required in criminal cases 
  41. 6. 4 The role of internet service providers in tackling file sharing 
  42. 6. 5 Gowers Review recommendations on enforcement 
  43. 6. 6 National IP Crime Strategy 
  44. 7. Dispute resolution
  45.  
  46. 7. 1 Court 
  47. 7. 2 Copyright Tribunal 
  48. 7. 3 Alternative dispute resolution 
  49. 7. 4 Arbitration 
  50. 7. 5 Mediation 
  51. 7.5.1 UK IPO mediation service 
  52. 7.6 Jurisdiction 
  53. PART 2 HOW TO STAY WITHIN COPYRIGHT LAW 
  54. 8 How to ensure that your copying is properly authorized
  55.  
  56. 8.1 Is your copying authorized? 
  57. 8.1.1 Statute 
  58. 8.1.2 Permission 
  59. 8.1.3 Contract 
  60. 8.1.4 Licence 
  61. 8.2 Can I copy? 
  62. 8.3 Fair use and the PNAM tests 
  63. 8.4 Copyright declaration forms 
  64. 8.5 Creative Commons 
  65. 8.6 Public domain 
  66. 8.7 Keeping within the terms of licence agreements 
  67. 9. The copyright clearance process
  68.  
  69. 9. 1 Pre-clearance issues and preparation 
  70. 9. 2 Clearing the required rights 
  71. 9. 3 Tracing copyright holders 
  72. 9.3.1 Tracing the rightsowner for American content 
  73. 9.3.2 Orphan works 
  74. 9.3.3 Copyright Clearance Center 
  75. 9.3.4 HERON 
  76. 9. 4 Sample forms 
  77. 10. Practical steps you can take to stay within copyright law
  78.  
  79. 10.1 Copyright posters and notices 
  80. 10.2 Staff training and awareness 
  81. 10.3 Organizational documentation 
  82. 10.4 Checklist of key things for keeping legal with copyright 
  83. 11. The copyright implications of freedom of information and the re-use of public sector information
  84.  
  85. 11.1 Freedom of information 
  86. 11.2 Environmental Information Regulations (EIR) 
  87. 11.3 Re-use of public sector information and copyright 
  88. 12. Developing a copyright policy
  89.  
  90. 12.1 Creating a policy 
  91. 12.2 Communicating the policy 
  92. 12.3 Enforcing the policy 
  93. Appendix. Sample clauses for inclusion in a copyright policy 
  94. Further information

Author note

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.

Reviews

".an important contribution to the "practical" side of staying within copyright law."||"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."||"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!"||"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."