This information in this guide is based on current UK Copyright Law. If you are currently working or studying remotely and are based overseas, you will need to check the legal requirements of the country in which you are located to ensure that you comply with local legislation.
Students, researchers, and teachers will need to use copyrighted materials on an almost daily basis. Having a clear understanding of what the law allows - and of the exceptions which apply to the educational use of such material - is, therefore, important.
Just because something is freely available on the internet does not mean that it is not protected by copyright law. It is up to you to make sure that you are not using materials illegally.
Some authors and creators use Creative Commons licences to indicate what you can do with their work without the need to ask for their permission. Creative Commons Search is a useful source of content which has been specifically licenced for re-use and for sharing.
What is Copyright?
Copyright is a legal form of intellectual property protection that grants creators exclusive rights over their original works. This includes literary, dramatic, musical, and artistic creations, as well as software, broadcasts, and sound recordings. It restricts copies being made of the original work. Anything printed, written, designed or recorded in any form is subject to the protection of copyright or a related right.
Why Copyright Exists:
1. Incentivises Creation: Copyright encourages the production of new works by ensuring creators can benefit from their efforts.
2. Economic Rights: It allows creators to control the use and distribution of their work, potentially earning income from it.
3. Moral Rights: Copyright also protects the creator's right to be identified as the author and to object to derogatory treatment of their work.
Importance of Copyright:
1. Fosters Innovation: By protecting intellectual property, copyright stimulates creativity and the development of new ideas.
2. Supports Industries: Creative sectors like publishing, music, and software rely on copyright protection to thrive.
3. Balances Public Interest: While protecting creators, copyright law also includes provisions for fair dealing to allow limited use of copyrighted materials for purposes such as research and criticism.
4. Global Implications: In our interconnected world, understanding copyright is crucial for respecting intellectual property across borders.
Copyright protection starts as soon as a work is created. Once a copyright has expired, anyone can use or copy the work.
The length of copyright depends on the type of work.
| Type of Work | How long copyright usually lasts |
|---|---|
| Written, dramatic, musical and artistic work | 70 years after the author's death |
| Sound and music recording | 70 years from when it's first published |
| Films | 70 years after the death of the director, screenplay author and composer |
| Broadcasts | 50 years from when it's first broadcast |
| Layout of published editions of written, dramatic or musical works | 25 years from when it's first published |
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Text:
Copyright law in the UK protects literary works, which include written text such as articles, books, essays, and reports. Researchers must be aware that copying substantial parts of someone else’s text without permission can infringe copyright, even if the work is not published. However, exceptions exist under "fair dealing" for purposes such as research and private study, provided the use is fair and properly attributed. When quoting or referencing other people's text, researchers should ensure proper citation, and when reproducing substantial amounts, seek permission from the copyright holder.
Images:
Images, including photographs, illustrations, and graphics, are considered artistic works and are protected by copyright in the UK. Researchers should understand that even images found online are usually protected by copyright, and downloading or copying them without permission can infringe rights. The use of images in research, particularly in publications, often requires permission unless the image is in the public domain or covered by a Creative Commons license. Researchers should carefully check the licensing terms and always provide appropriate attribution where required.
Music:
Music, including compositions, lyrics, and recordings, is protected by copyright as musical works in the UK. Researchers should note that even a short excerpt of a music track may be protected by copyright, and using it without permission can result in infringement. For academic use, "fair dealing" may apply, particularly if the use is for the purpose of criticism, review, or quotation. However, this does not cover the full reproduction of a work or use in publicly available materials. Obtaining proper licenses or permissions is essential when using music in research outputs or presentations.
Video:
Videos, including films, broadcasts, and online videos, are protected by multiple layers of copyright, covering the script, soundtrack, and visual content. Researchers must be careful when using video content, as "fair dealing" in the context of criticism, review, or research can be quite restrictive. When including video clips in research outputs, permission should be sought unless the use is truly minimal and transformative. For educational purposes, licensing bodies like ERA (Educational Recording Agency) may provide licenses for use within the institution, but these typically do not cover wider distribution.
Data:
Data, including databases and datasets, may be protected by copyright or database rights in the UK. The copyright in a database protects the structure and organization, while database rights protect the collection of data itself. Researchers should be aware that while facts and individual data points are not protected by copyright, the collection or arrangement may be. When using data from existing sources, researchers must check the licensing terms and may need to obtain permission to reproduce or analyze the data, particularly if using substantial parts of a database. Additionally, proper citation and attribution are crucial when publishing research that uses third-party data.
Software:
Software is protected as a literary work under UK copyright law, meaning the code, as well as the user interface, can be copyrighted. Researchers developing or using software should be cautious about copying, modifying, or distributing software without proper licensing. Open-source licenses provide some flexibility, but researchers need to understand the specific terms and comply with them. For proprietary software, permission or a license is typically required for any reproduction or adaptation. When publishing research that involves software, clear documentation of the licensing and permissions should be provided.