Legislation » History » Version 48
Version 47 (Steve Welburn, 2012-09-26 08:47 AM) → Version 48/52 (Steve Welburn, 2012-09-26 08:47 AM)
h1. Legislation
JISC "Web2 Rights":http://www.web2rights.org.uk/documents.html
"JISC Legal":http://www.jisclegal.ac.uk/
There are three main areas of law affecting data management:
* Intellectual Property (in particular copyright)
* Data Protection
* Freedom of Information
[[Copyright]]
[[Data Protection]]
[[Freedom Of information]]
h2. Copyright
Copyright grants the copyright holder rights relating to the use of the copyright material, in addition certain moral rights are granted to the creator of the materials. Copyright is automatically granted when new creative material is produced - e.g. the material must be more than a simple collection of other data. Copyright is a separate item of property to original work and the sale of the original work does not automatically pass copyright on to the new owner of that work (e.g. selling a score or painting does not automatically transfer the copyright). The particular rights and the duration of the copyright period are affected by the type of material.
For audio and digital music research, rights of particular interest relate to:
* musical compositions and audio recordings - a CD can be covered by three separate copyrights, one for the design of the packaging, one for the sound recording on the CD and one for the musical composition recorded
* typographical arrangements - these cover not only papers (which are also covered as literary works) but also the layout of spreadsheets and design of databases.
It is important to note that copyright does not cover the ideas expressed within a work, only the particular form that that work has been captured in. The data within a spreadsheet is not copyright, only the particular layout of that data.
We note that simple anthologies - e.g. a collection of "complete works" or works created during a certain period - do not get copyright on the content, although the typographical layout may be copyright.
h3. Database rights
"The Copyright and Rights in Databases Regulations 1997":http://www.legislation.gov.uk/uksi/1997/3032/made
UK database rights information at "out-law.com":http://www.out-law.com/page-5698
UK database rights at the UK "Intellectual Property Office":http://www.ipo.gov.uk/types/copy/c-otherprotect/c-databaseright.htm
h3. UK
"Copyright, Designs and Patents Act 1988":http://www.legislation.gov.uk/ukpga/1988/48/contents
Fair dealing / fair use
* doesn't apply to sound recordings, films and broadcasts
* JISC "Guidelines for Fair Dealing in an Electronic Environment":http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html
* use in "education":http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/III/crossheading/education in training or for personal study
* must be copies from originals
Lots of fact sheets at "The UK Copyright Service":http://www.copyrightservice.co.uk
Includes the "Top 10 Copyright Myths":http://www.copyrightservice.co.uk/copyright/copyright_myths
"UK Intellectual Property Office":http://www.ipo.gov.uk has a "page on copyright":http://www.ipo.gov.uk/types/copy.htm including a downloadable booklet.
UK university materials regarding copyright and intellectual property:
* "QMUL":http://www.library.qmul.ac.uk/copyright
* "University of Cambridge":http://www.caret.cam.ac.uk/copyright/index.html
* "University of Staffordshire":http://www.staffs.ac.uk/legal/copyright/
* "University of Leeds Library":http://library.leeds.ac.uk/copyright
"Pay The Piper":http://www.paythepiper.co.uk has a post explaining "music copyright":http://www.paythepiper.co.uk/copyright.asp
bq. If you compose a completely original piece of music then it is your own property - you own the copyright, in other words.
bq. Arranging existing music is fraught with difficulties. To put it very simply (and this is indeed a gross simplification) until the composer has been dead for seventy years his music is copyright and you may not make a written arrangement of it without permission.
...lots more good info on "the page":http://www.paythepiper.co.uk/copyright.asp
"Music Publishers Association - MPA":http://www.mpaonline.org.uk/licensing-music-copyrights
"Performing Rights Society - PRS":http://www.prsformusic.com
"Guide to Copyright in Schools":http://www.licensing-copyright.org/index.html
"PRS - Performing Rights Society":http://www.prsformusic.com/creators/joiningus/Pages/NewMemberFAQs.aspx - FAQ, includes details on copyright
h3. Abroad
Australian IP law "blog posts":http://www.dilanchian.com.au re. media and copyright. Includes:
* "Digital music technology and copyright timeline":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=202:digital-music-technology-and-copyright-timeline&catid=5:ip-tech-a-e-biz&Itemid=144
* "Are adaptations of copyright work legal?":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=502:are-adaptations-of-copyright-work-legal&catid=23:ip&Itemid=114
* "Music formats and law: commercialisation of 45-rpm records":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=196:music-formats-and-law-commercialisation-of-45-rpm-records&catid=23&Itemid=114
* "Creative Commons licences are useful but oversold":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=233:creative-commons-licences-are-useful-but-oversold&catid=5:ip-tech-a-e-biz&Itemid=144
US articles from Public Domain Sherpa "Tutorial on Copyright and the Public Domain":http://www.publicdomainsherpa.com/copyright-public-domain.html
* "What makes a derivative work":http://www.publicdomainsherpa.com/derivative-work.html
??derivative must use enough of the prior work that the average person would conclude that it had been based on or adapted from the prior work??
* "Compilations":http://www.publicdomainsherpa.com/compilation.html
??compilations are (c) if they show minimal creativity?? (e.g. not just all works by someone or by date)
* "Copyright Renewal":http://www.publicdomainsherpa.com/copyright-renewal.html
Many works did not have copyright renewed and therefore went *out of copyright* and into the public domain in the US - estimated 15% of works had copyright renewed. Renewals will appear in the "online US copyright database":http://www.copyright.gov/records/ for works from 1950-1963,
CHM Super Sound (a South Pacific record company) "state that":http://www.chmsupersound.com/index.php?option=com_content&view=article&id=170:theadaptationanduseofcopyrighttunesandmelodiesbypngmusicians-&catid=1:latest&Itemid=7 :
bq. A melodic phrase of a song is in copyright. The lyrics are in copyright. Chord progressions in a music composition however, are not copyright material.
University of Washington "Copyright Connection":http://depts.washington.edu/uwcopy/Copyright_Connection/
WIPO "Understanding Copyright and Related Rights":http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.html
"Berne Convention for the Protection of Literary and Artistic Works":http://www.wipo.int/treaties/en/ip/berne/
Chord Progressions and Copyright:
* "LegaliBlog (AUS)":http://legalit.com.au/legaliblog/?p=28
* "Essential Secrets of Song Writing blog (US?)":http://garyewer.wordpress.com/2009/06/14/can-you-use-someone-elses-chord-progression/"
{{include(Copyright)}} h2. Data Protection
{{include(Data Protection)}} "Data Protection Act 1998":http://www.legislation.gov.uk/ukpga/1998/29/contents
Data protection protects the rights of individuals over their personal information, particularly data should only be used for the purposes for which it has been gathered and should be held appropriately securely.
QMUL Academic Registry and Council Secretariat (ARCS) information on "data protection":http://www.arcs.qmul.ac.uk/information_governance/dp/data_protection.html
"Canterbury Christchurch":www.canterbury.ac.uk/Research/Documents/DataProtection.pdf
JISC "Data Protection Code of Practice for HE and FE":http://www.jisc.ac.uk/publications/generalpublications/2001/pub_dpacop_0101.aspx
h2. Freedom Of Information
"Freedom Of Information Act 2000":http://www.legislation.gov.uk/ukpga/2000/36/contents
Freedom of information gives people the right to request data held by public bodies - it is not a question of who originated the data, rather a question of who holds it.
QMUL information on "Freedom of Information":http://www.qmul.ac.uk/about/collegeinfo/foi/index.html
QMUL slides for a presentation on "Data Protection, Freedom of Information and Research":http://www.arcs.qmul.ac.uk/information_governance/dp/dpa_foi_and_research.ppt
States that for research:
* Data can be held indefinitely
* Is not subject to FoI requests - unless individuals identified in published research
* Can be used for other research uses
* May be exempt from FoI requests on grounds of future publication or commercial interest
JISC information on "freedom of information and research data":http://www.jisc.ac.uk/foiresearchdata
* Provision of data under FoI does not affect the copyright of the material - uses of the supplied material must still comply with IPR
{{include(Freedom Of information)}}
h2. Files
JISC "Web2 Rights":http://www.web2rights.org.uk/documents.html
"JISC Legal":http://www.jisclegal.ac.uk/
There are three main areas of law affecting data management:
* Intellectual Property (in particular copyright)
* Data Protection
* Freedom of Information
[[Copyright]]
[[Data Protection]]
[[Freedom Of information]]
h2. Copyright
Copyright grants the copyright holder rights relating to the use of the copyright material, in addition certain moral rights are granted to the creator of the materials. Copyright is automatically granted when new creative material is produced - e.g. the material must be more than a simple collection of other data. Copyright is a separate item of property to original work and the sale of the original work does not automatically pass copyright on to the new owner of that work (e.g. selling a score or painting does not automatically transfer the copyright). The particular rights and the duration of the copyright period are affected by the type of material.
For audio and digital music research, rights of particular interest relate to:
* musical compositions and audio recordings - a CD can be covered by three separate copyrights, one for the design of the packaging, one for the sound recording on the CD and one for the musical composition recorded
* typographical arrangements - these cover not only papers (which are also covered as literary works) but also the layout of spreadsheets and design of databases.
It is important to note that copyright does not cover the ideas expressed within a work, only the particular form that that work has been captured in. The data within a spreadsheet is not copyright, only the particular layout of that data.
We note that simple anthologies - e.g. a collection of "complete works" or works created during a certain period - do not get copyright on the content, although the typographical layout may be copyright.
h3. Database rights
"The Copyright and Rights in Databases Regulations 1997":http://www.legislation.gov.uk/uksi/1997/3032/made
UK database rights information at "out-law.com":http://www.out-law.com/page-5698
UK database rights at the UK "Intellectual Property Office":http://www.ipo.gov.uk/types/copy/c-otherprotect/c-databaseright.htm
h3. UK
"Copyright, Designs and Patents Act 1988":http://www.legislation.gov.uk/ukpga/1988/48/contents
Fair dealing / fair use
* doesn't apply to sound recordings, films and broadcasts
* JISC "Guidelines for Fair Dealing in an Electronic Environment":http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html
* use in "education":http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/III/crossheading/education in training or for personal study
* must be copies from originals
Lots of fact sheets at "The UK Copyright Service":http://www.copyrightservice.co.uk
Includes the "Top 10 Copyright Myths":http://www.copyrightservice.co.uk/copyright/copyright_myths
"UK Intellectual Property Office":http://www.ipo.gov.uk has a "page on copyright":http://www.ipo.gov.uk/types/copy.htm including a downloadable booklet.
UK university materials regarding copyright and intellectual property:
* "QMUL":http://www.library.qmul.ac.uk/copyright
* "University of Cambridge":http://www.caret.cam.ac.uk/copyright/index.html
* "University of Staffordshire":http://www.staffs.ac.uk/legal/copyright/
* "University of Leeds Library":http://library.leeds.ac.uk/copyright
"Pay The Piper":http://www.paythepiper.co.uk has a post explaining "music copyright":http://www.paythepiper.co.uk/copyright.asp
bq. If you compose a completely original piece of music then it is your own property - you own the copyright, in other words.
bq. Arranging existing music is fraught with difficulties. To put it very simply (and this is indeed a gross simplification) until the composer has been dead for seventy years his music is copyright and you may not make a written arrangement of it without permission.
...lots more good info on "the page":http://www.paythepiper.co.uk/copyright.asp
"Music Publishers Association - MPA":http://www.mpaonline.org.uk/licensing-music-copyrights
"Performing Rights Society - PRS":http://www.prsformusic.com
"Guide to Copyright in Schools":http://www.licensing-copyright.org/index.html
"PRS - Performing Rights Society":http://www.prsformusic.com/creators/joiningus/Pages/NewMemberFAQs.aspx - FAQ, includes details on copyright
h3. Abroad
Australian IP law "blog posts":http://www.dilanchian.com.au re. media and copyright. Includes:
* "Digital music technology and copyright timeline":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=202:digital-music-technology-and-copyright-timeline&catid=5:ip-tech-a-e-biz&Itemid=144
* "Are adaptations of copyright work legal?":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=502:are-adaptations-of-copyright-work-legal&catid=23:ip&Itemid=114
* "Music formats and law: commercialisation of 45-rpm records":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=196:music-formats-and-law-commercialisation-of-45-rpm-records&catid=23&Itemid=114
* "Creative Commons licences are useful but oversold":http://www.dilanchian.com.au/index.php?option=com_content&view=article&id=233:creative-commons-licences-are-useful-but-oversold&catid=5:ip-tech-a-e-biz&Itemid=144
US articles from Public Domain Sherpa "Tutorial on Copyright and the Public Domain":http://www.publicdomainsherpa.com/copyright-public-domain.html
* "What makes a derivative work":http://www.publicdomainsherpa.com/derivative-work.html
??derivative must use enough of the prior work that the average person would conclude that it had been based on or adapted from the prior work??
* "Compilations":http://www.publicdomainsherpa.com/compilation.html
??compilations are (c) if they show minimal creativity?? (e.g. not just all works by someone or by date)
* "Copyright Renewal":http://www.publicdomainsherpa.com/copyright-renewal.html
Many works did not have copyright renewed and therefore went *out of copyright* and into the public domain in the US - estimated 15% of works had copyright renewed. Renewals will appear in the "online US copyright database":http://www.copyright.gov/records/ for works from 1950-1963,
CHM Super Sound (a South Pacific record company) "state that":http://www.chmsupersound.com/index.php?option=com_content&view=article&id=170:theadaptationanduseofcopyrighttunesandmelodiesbypngmusicians-&catid=1:latest&Itemid=7 :
bq. A melodic phrase of a song is in copyright. The lyrics are in copyright. Chord progressions in a music composition however, are not copyright material.
University of Washington "Copyright Connection":http://depts.washington.edu/uwcopy/Copyright_Connection/
WIPO "Understanding Copyright and Related Rights":http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.html
"Berne Convention for the Protection of Literary and Artistic Works":http://www.wipo.int/treaties/en/ip/berne/
Chord Progressions and Copyright:
* "LegaliBlog (AUS)":http://legalit.com.au/legaliblog/?p=28
* "Essential Secrets of Song Writing blog (US?)":http://garyewer.wordpress.com/2009/06/14/can-you-use-someone-elses-chord-progression/"
{{include(Copyright)}} h2. Data Protection
{{include(Data Protection)}} "Data Protection Act 1998":http://www.legislation.gov.uk/ukpga/1998/29/contents
Data protection protects the rights of individuals over their personal information, particularly data should only be used for the purposes for which it has been gathered and should be held appropriately securely.
QMUL Academic Registry and Council Secretariat (ARCS) information on "data protection":http://www.arcs.qmul.ac.uk/information_governance/dp/data_protection.html
"Canterbury Christchurch":www.canterbury.ac.uk/Research/Documents/DataProtection.pdf
JISC "Data Protection Code of Practice for HE and FE":http://www.jisc.ac.uk/publications/generalpublications/2001/pub_dpacop_0101.aspx
h2. Freedom Of Information
"Freedom Of Information Act 2000":http://www.legislation.gov.uk/ukpga/2000/36/contents
Freedom of information gives people the right to request data held by public bodies - it is not a question of who originated the data, rather a question of who holds it.
QMUL information on "Freedom of Information":http://www.qmul.ac.uk/about/collegeinfo/foi/index.html
QMUL slides for a presentation on "Data Protection, Freedom of Information and Research":http://www.arcs.qmul.ac.uk/information_governance/dp/dpa_foi_and_research.ppt
States that for research:
* Data can be held indefinitely
* Is not subject to FoI requests - unless individuals identified in published research
* Can be used for other research uses
* May be exempt from FoI requests on grounds of future publication or commercial interest
JISC information on "freedom of information and research data":http://www.jisc.ac.uk/foiresearchdata
* Provision of data under FoI does not affect the copyright of the material - uses of the supplied material must still comply with IPR
{{include(Freedom Of information)}}
h2. Files