Fair Dealing, Licenses, and Usage Moodle Book

Protected Works Use

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The copyright holder has the EXCLUSIVE right to:

·         Copy the work

·         Issue copies to the public

·         Rent or lend the work to the public

·         Perform, show or play the work to the public

·         Make an adaptation or do any of the above to the adaptation

It is therefore no surprise that all of the above acts are restricted by copyright. Acts restricted by copyright are termed as an infringement if any of the above acts are done without the express permission or with a license from the copyright holder. 

So that means that copying someone else’s code and changing the values or colours, streaming a film in public, or making your own special adaptation of Shrek are all prohibited and infringing acts under UK law.

Examples of this would be:

·         Plagiarising excerpts from an article online

·         Photocopying a book from the library yourself

·         Renting/lending a dvd or book to the public yourself

·         Having a pirate radio station

It doesn’t matter whether or not the infringement is direct or indirect, the entire work or just a part of it.

Secondary infringement  is also classified as infringement under UK law. So importing any infringing materials to share with friends or colleagues is also infringement, even if you didn’t create the infringing material. Even letting someone print a pirated article or infringing journal on your printer is classified as secondary infringement.

Secondary infringement is especially important in understanding in this day and age. It is something that can sometimes catch you out when dealing with copyright protected material. This is because secondary infringement is often not seen as a direct act, and so individuals tend to not ascertain that they themselves are the infringer.

An example of this is YouTube or Vimeo, or other user generated video streaming sites. Hosting a site that allows individuals upload and distribute infringing material is secondary infringement. This is why YouTube has their Content Aware system that allows for copyright holders to flag what they believe is infringing material. Consuming this media is also infringing behaviour, even if you yourself haven’t gone through the steps of downloading and re-uploading the media.