Changes to the law take shape

Draft versions of Statutory Instruments intended to amend the Copyright, Designs and Patents Act (CPDA) 1988 are now available via the Intellectual Property Office website (http://www.ipo.gov.uk/types/hargreaves/hargreaves-copyright/hargreaves-copyright-techreview.htm).  These changes are expected to become law in the summer.  Several of the them will affect students and staff at Loughborough University, and how they go about using materials protected by copyright.

Research, private study, data-mining.  Section 29 of the CDPA (http://www.legislation.gov.uk/ukpga/1988/48/section/29), which at the moment is a ‘Fair Dealing’ provision for non-commercial ‘Research and private study’, will be extended to cover all works, and not just literary, dramatic, musical and artistic ones; it will also include a new sub-section allowing copying for the purpose of non-commercial data-mining and text-mining (http://www.legislation.gov.uk/ukdsi/2014/9780111112755).  This will increase the scope of what material can be copied by people engaged in individual research or study at Loughborough University, whether staff or students; but of course it does not cover copying done by or for people engaged in collective study, i.e. students all enrolled on the same module.  Copying for this purpose must still be done under the CLA Licence.

Criticism, review, quotation.  Section 30 (http://www.legislation.gov.uk/ukpga/1988/48/section/30), which at the moment is a ‘Fair Dealing’ provision for ‘Criticism, review and news reporting’ will become a provision for ‘Criticism, review, quotation and news reporting’; there will be a new sub-section dealing specifically with ‘quotation’; there will also be a new sub-section allowing ‘Fair Dealing’ for the purposes of ‘Caricature, parody or pastiche’ (http://www.legislation.gov.uk/ukdsi/2014/9780111112717).  These changes will presumably allow greater latitude to researchers Loughborough University in what they may legitimately copy by way of quotation in their publications.

Accessible copies for persons with disabilities.  Sections 31A-31F (http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/III/crossheading/visual-impairment), which at present concern the making of accessible copies for people with visual impairments, will be amended to allow the making of accessible copies for people with any relevant disability – e.g. dyslexia (http://www.legislation.gov.uk/ukdsi/2014/9780111112694).  This will certainly be valuable to members of the University with disabilities that make it difficult for them to use copies of particular works in their present forms.

Education and instruction.  Section 32 (http://www.legislation.gov.uk/ukpga/1988/48/section/32), which allows certain kinds of copying and other reuse of certain kinds materials for educational instruction and examinations, will be replaced by a much simpler ‘Fair Dealing’ provision for ‘Illustration for instruction’ (http://www.legislation.gov.uk/ukdsi/2014/9780111112755).  ‘Illustration for instruction’ will be taken to include things reused in examinations – and of course this will include material reused in dissertations and theses.

Recordings of broadcasts and multiple photocopies.  Sections 35 and 36 (http://www.legislation.gov.uk/ukpga/1988/48/section/35 ; http://www.legislation.gov.uk/ukpga/1988/48/section/36), which allow the recording of broadcasts and the making of multiple copies of extracts of works by educational institutions for use in classes, lectures etc., will be amended so as to allow these recordings and copies of  to be made available to distance learners by means of secure authentication – e.g. using Learn or Box of Broadcasts (http://www.legislation.gov.uk/ukdsi/2014/9780111112755).  These amendments also effectively require the University to continue to subscribe to Licences from ERA and CLA.

A Government guide to these changes is available here: http://www.ipo.gov.uk/response-copyright-techreview.pdf.

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