OverviewAs well as owning copyright works yourself, you may wish to make use of someone else’s copyright protected works. There are certain very specific situations where you may be permitted to do so without seeking permission from the owner. These can be found in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended). Show
Non-commercial research and private studyYou are allowed to copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a college course). Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing. The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable. If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgement. Text and data mining for non-commercial researchText and data mining is the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information. Text and data mining usually requires copying of the work to be analysed. An exception to copyright exists which allows researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, they have ‘lawful access’ to the work). This exception only permits the making of copies for the purpose of text and data mining for non-commercial research. Researchers will still have to buy subscriptions to access material; this could be from many sources including academic publishers. Publishers and content providers will be able to apply reasonable measures to maintain their network security or stability but these measures should not prevent or unreasonably restrict researcher’s ability to text and data mine. Contract terms that stop researchers making copies to carry out text and data mining will be unenforceable. Criticism, review and reporting current eventsFair dealing for criticism, review or quotation is allowed for any type of copyright work. Fair dealing with a work for the purpose of reporting current events is allowed for any type of copyright work other than a photograph. In each of these cases, a sufficient acknowledgement will be required. As stated, a photograph cannot be reproduced for the purpose of reporting current events. The intention of the law is to prevent newspapers or magazines reproducing photographs for reporting current events which have appeared in competitor’s publications. TeachingSeveral exceptions allow copyright works to be used for educational purposes, such as:
Helping disabled peopleThere are 2 exceptions to copyright for the benefit of disabled people. These exceptions cover you if you have a physical or mental impairment which prevents you from accessing copyright protected materials. One exception allows you, or someone acting on your behalf, to make a copy of a lawfully obtained copyright work if you make it in a format that helps you access the material. For example, if you buy a book from a shop then make a Braille copy to help with a visual impairment then you are not infringing the copyright in the book. The second exception permits educational establishments and charity organisations to make, communicate, make available, distribute and lend accessible format-copies of protected works on behalf of disabled people. The exception permits acts such as:
Certain legal requirements must be met in order for the disability exceptions to be relied upon when making or dealing with an accessible copy. These requirements include:
Further information on exceptions to copyright law for disabled people and changes to copyright law due to the implementation of the Marrakesh Treaty. Time-shiftingA recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time. The making of a recording of a broadcast for purposes other than to time-shift a programme for you or your family is likely to be illegal. Parody, caricature and pasticheThere is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche. For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork. It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing. Sufficient acknowledgementIn relation to certain exceptions, if you are making use of that exception to copy someone else’s work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a substantial part of a work for the purposes of criticism or review, or where the use was for the purposes of news reporting. However such acknowledgement is not required where it is impossible for reasons of practicality. Fair dealingCertain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting. ‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work? Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:
The relative importance of any one factor will vary according to the case in hand and the type of dealing in question. Technological protection measuresIt is important to be aware that media, such as DVDs and e-books, are often protected by Technological Protection Measures (TPMs) (also known as copy protection measures or DRM) which prevent unauthorised access or copying. TPMs can play an important role in enabling copyright owners to offer content to consumers in different ways, as well as preventing piracy. EU and UK law protects the right of copyright owners to use TPMs to protect their works, and circumvention of such technology is illegal. Further guidanceFurther guidance on copyright exceptions, including changes to the law made in 2014, is available. Which organization keeps track of IP addresses around the world?The Internet Assigned Numbers Authority (IANA) is a standards organization that oversees global IP address allocation, autonomous system number allocation, root zone management in the Domain Name System (DNS), media types, and other Internet Protocol-related symbols and Internet numbers.
Are a unique set of numbers which is a set of four groups of numbers separated by periods?An IP address is a string of numbers separated by periods. IP addresses are expressed as a set of four numbers — an example address might be 192.158.1.38. Each number in the set can range from 0 to 255. So, the full IP addressing range goes from 0.0.0.0 to 255.255.255.255.
What is the underlying motivation in all types of e commerce?A factor analysis indicated that there are two major underlying dimensions—short-term productivity gains and long-term company competitiveness—that motivate the establishment of e-Commerce.
What term is used to describe the combination of hardware architecture and software used to run applications?An embedded system is a combination of computer hardware and software designed for a specific function.
|