Copyright Guidance
What is copyright?
Copyright subsists in any original work (or part of that work) from the moment it is created. The rights holder (usually the author, but in some cases the employer) is granted certain rights which are protected by law over how the work may be used - this includes copying. Copyright may be assigned to a third party, such as a publisher, and a fee may be charged by the rights holder to copy the work. Duration of copyright varies, but in many cases a literary or artistic work will remain in copyright from the point of creation until 70 years following the death of the author. It should be noted that in all cases where copyright material is used or referred to proper acknowledgement should be made of the source.
What about copying for personal study?
The "fair dealing" exception of the Copyright Designs and Patents Act 1988 allows individuals to make a single copy of a portion of a published work for the purposes of private research or study. Proper acknowledgement should be made of the source. The "fair dealing" exception does not extend to copying for the purposes of teaching, including presentations. Copying for commercial purposes is prohibited without prior permission from the rights holder. In such cases the individual should obtain permission directly from the rights holder (for which the rights holder may charge).
What about copying for teaching?
The "education" exception of the Copyright Designs and Patents Act 1988 allows non-reprographic (handwritten) copying of an original published work for the purposes of instruction. Reprographic copying for the purposes of setting an examination is permitted however. The Act does also permit some limited reprographic copying for the purposes of instruction unless a licence exists granting permission for such copying. Such licences do exist, so in practice this element of the exception is of little consequence.
Licences
The School has a licence from the Copyright Licensing Agency (CLA) which allows multiple photocopies to be made from original published printed works owned by LSHTM (or from copyright fee-paid copies) for distribution to members of the School for the purposes of teaching, within certain limits. The licence permits sufficient copies to be made for every student on a course of study plus one for the lecturer. The "fair dealing" limits relating to the amount that may be copied still apply. Proper acknowledgement should be made of the source. Copying for commercial purposes is prohibited without prior permission from the rights holder.
The CLA licence also allows scanning of some printed material for use within the School's VLE (Blackboard), again within certain limits. All scanning for teaching purposes at LSHTM must be undertaken via the Library & Archives Service, as regular reporting to the CLA of the School's scanning activity is required as a condition of the licence.
The School has a licence from the Newspaper Licensing Agency (NLA) which allows copies to be made from newspapers (which are not covered by the CLA licence), within certain limits.
The School has a licence from the Educational Recording Agency (ERA) which allows broadcast programmes to be recorded and shown within the School for the purposes of teaching.
What about using digital material?
There is a common misconception that because material is available to view on the internet it can be reproduced and used as the user sees fit. This is not the case. Where no explicit permission is granted by the rights holder in advance for the intended use, permission must be sought from the rights holder.
In many cases providing a hyperlink within a presentation or learning object to the online source of a digital document or article you wish to refer to can overcome the need to copy the material itself. There are also many resources containing copyright-cleared images (where permission has already been granted) for use in presentations and teaching materials that members of the School can make use of.
What about recording/broadcasting lectures?
Performers enjoy rights akin to copyright, so lecturers must give prior written permission for a recording to be made of them speaking and for onward broadcast. For copyright material to be included in the recording (such as material contained within a visual presentation) the copyright holder must have given their permission for this. If they have not, it should be excluded from the recording.
Further information & queries
The School's Intellectual Property Policy, checklists, forms and other useful links can be found on the Copyright resources page.
Members of the School with queries should contact Andrew Gray, LSHTM Research Online Manager. Please note that the information contained here does not constitute legal opinion.
