More new copyright law

At the beginning of October the Copyright, Designs and Patents Act (1988) was amended again. More copyright-exceptions have been altered or added, some of which have a bearing on the work of Loughborough University.
 
1. QUOTATION.
s 30 (Criticism, review, quotation and news reporting)
This exception now allows you to reuse a work ‘fairly’ without permission from its copyright-owner for the purpose of quotation (as well as for criticism, review and news reporting). Note that:

  • ‘fair’ is not defined and is a matter for individual judgement (and in the last resort for the judgement of the courts);
  • you may only quote published works in this way, not unpublished ones;
  • a quote may be “no more than is required by the specific purpose for which it is used”;
  • you must acknowledge (i.e. cite) what you quote;
  • if you are using a work under licence (such as an online journal article paid for by the University Library), you have the right to quote it in this way whatever the licence says.

This exception applies to the quoting of other people’s work in work of your own (whether published or unpublished, examined or unexamined). The purpose of a quotation is left unspecified: it need not necessarily be for criticism or review; it could be for a much looser illustrative or indicative purpose, provided that it is ‘fair’ in the circumstances.
 
2. PARODY AND PASTICHE.
s 30A (Caricature, parody or pastiche)
This is a new exception and (at the moment) is very open-ended. It allows you to reuse a work ‘fairly’ without permission from its copyright owner “for the purposes of caricature, parody or pastiche”. Note that:

  • ‘fair’ is not defined and is a matter for individual judgement (and in the last resort for the judgement of the courts);
  • if you are using a work under licence (such as an online journal article paid for by the University Library), you have the right to parody it in this way whatever the licence says.

This exception is probably of most interest to members of the School of the Arts and of the Department of English and Drama.
 
3. PRIVATE COPYING.
s 28B (Personal copies for private use)
This new exception is intended to allow private individuals to make copies of copies of works that they own (e.g. making an MP3 copy of a tape-cassette copy of a piece of music). It has no direct bearing on the work of Loughborough University. For more information, see JISC Legal.

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