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1 |
Copyright Law |
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Copyright law in Ireland is regulated
primarily by the Copyright and Related Rights Act, 2000 (the
“Act”). Copyright refers to any type of an expression of
ideas or facts, created and translated to permanent form.
This includes original literary, dramatic, musical and
artistic works. The duration of copyright varies, depending
on the nature of the works The holder of copyright has
exclusive economic and moral rights. Copyright infringement
includes making and/or using illegal copies of works, or
using original works in unauthorised ways. An infringement
of copyright is punishable in accordance with the 2000 Act.
All personnel, including students and/or staff of Dublin
City University (“DCU”), should familiarise themselves with
the law on copyright, and must abide by those laws, before
making a photocopy of any works. |
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2 |
Permitted Copying |
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The following instances of copying are
permitted for both staff and students:
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2.1 |
Where copyright in the works has expired
(please see the 2000 Act, or the earlier legislation in the
case of works created prior to 1 January 2001 for details of
the duration of the copyright by reference to the type of
works); |
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2.2 |
If you are the owner of the
copyright; |
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2.3 |
If the owner of the copyright
has given permission for the work to be copied, or where the
use of the work is governed by a licence granted by the
copyright holder; and |
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2.4 |
The copying is permitted by one
of the exemptions in the 2000 Act. These are discussed in
more detail below. |
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3 |
The
Exemptions That May Apply For Students |
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The 2000 Act expressly
provides for certain exceptions to the strict law on
copyright. One exception to the right holder’s exclusive
rights is the defence of “fair dealing”. Specifically,
Section 50 of the 2000 Act refers to fair dealing in the
context of research or private study. The making of one
copy of a copyright work for research or private
study will not constitute copyright infringement.
Students should familiarise themselves with the law of
copyright for any copying that does not fall within the fair
dealing defence so as to ensure compliance. |
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4 |
The Exemptions That May Apply For Staff |
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Sections 53 to 58 of the 2000
Act specifically refer to exemptions in the context of
educational purposes. Amongst the key exemptions that might
apply to photocopying works by staff are the following: |
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4.1 |
Instructions: giving or preparing for instruction where the
use is by or on behalf of the person giving or receiving the
instruction and with sufficient acknowledgement. There is
no quantitative limit in such circumstances but please
note that such copying may not be reprographic (i.e.
photocopied or scanned). |
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4.2 |
Examinations:
reprographic copying (photocopying or scanning) is
permissible without limit in setting and communicating
questions to candidates, with the exception of reprographic
copying of musical works. |
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4.3 |
Reprographic
copying: The copying must be for educational purposes, with
acknowledgement and must be of no more than 5% of a work in
any calendar year. Please note that this 5% is an
institutional limit, so this limit does not only apply to
the person doing the copying. A book constitutes a “work”.
An issue of a journal constitutes a “work”.
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5 |
The Irish Copyright Licensing Agency Licence |
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In addition to the copying
permitted by the 2000 Act, a licensing scheme has been
established for Irish higher education institutions,
including DCU. The terms of this licence allow extended
rights in certain areas as itemised below: |
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5.1 |
It
is permitted to make multiple paper copies of licensed works
for educational purposes. This includes distribution to
student groups or classes, inclusion in course packs, and
inclusion by libraries in reserve or short-loan collections; |
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5.2 |
The number of
copies is limited to the number of students in a class plus
two for each teacher ; |
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5.3 |
The
extent of such multiple copying is limited to 5% of a book
or a chapter (the greater) or one article from any one
periodical issue; and |
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5.4 |
Certain
types of material (for example, music and separately
published maps) are excluded, as are certain publishers, and
material published in certain countries. In the case of any
doubt, staff should contact the Director of the Library,
Paul Sheehan by email at
paul.sheehan@dcu.ie for more
information on excluded materials. |
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6 |
Copyright and Subscription Resources |
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6.1 |
DCU
subscribes to many electronic information resources. The
terms and conditions attaching to these subscriptions will
govern what is permissible in relation to use of such
materials. In the case of many subscription resources, the
terms and conditions are governed by laws other than Irish
law, and therefore reliance cannot always be placed on the
exceptions to the strict rights of copyright set out in the
2000 Act. In the case of any doubt, students and/or staff
should contact the Director of the Library, Paul Sheehan by
email at
paul.sheehan@dcu.ie for more
information on copying subscription resources. |
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6.2 |
In general,
current staff and students alike of DCU may, in relation to
such subscription resources: |
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(a) search
and retrieve items; and |
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(b) print
and/or download individual items for personal use for
teaching, learning and research. |
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6.3 |
In most
instances, the licence will not permit the following:
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(a)
downloading of the
substantial part of a database or the entire contents of a
publication
(this would include an entire journal issue); |
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(b)
multiple copying
of items that have been printed out or downloaded; |
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(c)
distributing
copies; |
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(d)
removing any
proprietary marking or copyright statement from copy made;
or |
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(e)
using electronic
resources for commercial purposes. |
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7 |
Best
Practice |
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Students and staff of DCU are
reminded that they have a responsibility to ensure that they
comply with copyright law when photocopying. Even where a
copy has been made in accordance with these terms and is
therefore lawful, students and staff of DCU should expressly
acknowledge the copyright in such material, including by
referencing the copyright holder and the source. |
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