Copyright Policy

COUN119-P69
4 July 2019

This document outlines the general copyright policy for Loughborough University – readers should refer to related documents for details of University copyright practice.

1. General information.

1.1. Copyright is an intellectual property right which provides an author/creator of a work with legal protection. The work needs to be original and fixed in a tangible form (including electronic) such as a literary, artistic, dramatic, musical, filmic, sound recording, broadcast, database or typographic work. If a work qualifies for copyright protection only the owner is permitted to copy, adapt, distribute or use the work commercially. Others wishing to use a work protected by copyright must seek the permission of the copyright owner. Material found online will be protected by copyright and subject to the same protection as printed materials.

1.2. Loughborough University respects and observes the principle of copyright protection for all qualifying works in accordance with current legislation, principally but not limited to the Copyright Design and Patents Act 1988 (as amended). ln order to deliver good practice and legal compliance in relation to copyright matters, it remains the responsibility of staff and students to abide by this policy and its related procedures to ensure compliance whilst protecting the reputation of the University and avoid incurring liability.

1.3. Chief Operating Officer is the designated signatory for copyright matters within the University. Day-to-day matters relating to copyright are overseen by the University’s Copyright Advisors, based in the University Library, and IT Services.

1.4. Deans, Heads of Professional Services, or their nominated representative are responsible for ensuring compliance with the Copyright Policy and other related policies such as the IT Acceptable Use Policy and the Conditions of Service.

2. Copyright: compliance.

2.1 The University seeks to maximise the worth and use of the information resources that it provides for the benefit of members of the University (staff and students) in their activities and expects that reproduction of such copyright material will be a normal part of those activities. To this end, members are required to reproduce material in a proper manner, whether by means of legislative permissions, by licence or by direct permission from rights holders.

2.2 The University subscribes to licences from the Copyright Licencing Agency (CLA), the Newspaper Licensing Agency (NLA) and the Educational Recording Agency (ERA) including Box of Broadcasts, among others. If use of the material falls outside of the permitted conditions of use or is not covered by the licence, then permission must be sought via other means. This can be done by contacting the copyright holder directly and obtaining written permission or by relying on a legal exception. Please contact the University’s Copyright Advisors directly for specific advice regarding legal exceptions.

2.3 The University acknowledges that copyright can be complicated and counter-intuitive and therefore provides written guidance and specific advice appropriate to staff and students on copyright compliance. This is available from the University’s Copyright web pages, the University’s Copyright Advisors at copyright@lboro.ac.uk and the University’s IT Acceptable Use Policy (AUP). The University will also provide relevant training to be co-ordinated by Staff Development in conjunction with the University’s Copyright Advisors and IT Services.

3. Copyright: ownership.

In accordance with the Copyright, Designs and Patents Act 1988 and in the absence of an agreement to the contrary, the copyright and/or database right in material produced by staff members in the course of their duties rests with the University subject to the exceptions outlined in 3.1 below. The University recognises that authors of material subject to copyright and/or database right have moral rights as acquired by law.

Staff – Research outputs

3.1 As outlined in the academic conditions of service, the University makes no claim on the copyright and/or database right in academic communications, subject to granting the University an irrevocable, royalty-free, non-exclusive, perpetual, worldwide licence to copy such materials onto any University electronic repository, including the right (without seeking consent) to make necessary changes in accordance with technical requirements of such repository. In this context academic communications include, but are not limited to, journal articles, conference papers, seminar or conference presentations, novels, theatrical works (including plays), musical works (including lyrics and scores), or other artistic works. In addition, where possible the University requires a copy of every research output to be deposited in the relevant University Repository.

Staff – Teaching and other material

3.2 In the absence of an agreement to the contrary, the copyright and/or database right in material produced by staff members in the course of their duties rests with the University. This includes, but is not limited to, teaching material, internal reports, policies, etc. Performance rights and moral rights exist independently of copyright and these rights are not affected.

3.3 The University will in good faith negotiate with a staff member on whether or not that member shall enjoy or participate in the benefit of such copyright as would normally rest with the University and, if so, on what terms.

Students

3.4 The University makes no claim on the copyright of material produced by student members except where there is an agreement to the contrary.

3.5 Research Students should refer to their specific contract in conjunction with the Code of Practice on Research Degree Programmes, specifically Appendix I University Ordinance XXXIX on Ownership and Commercial Exploitation of Intellectual Property and Appendix IV Format for the Frontispiece of Theses, Dissertations and Project Reports. Please note that Research Students may have a separate contract as an employee of the University, in which case the terms outlined in section 3.1 – 3.3 above may also be applicable.

4. Copyright Infringement

4.1 The University expects its members (staff and students) to be responsible users of third-party copyright protected materials. The University will move swiftly to resolve any case of potential infringement that is brought to its attention. Inappropriate use of copyright material by individual members of staff or students may result in disciplinary action under the relevant staff or student disciplinary procedures.

It remains the responsibility of all members of the University to report any potential copyright infringement that they suspect or are made aware of. This includes infringement caused by themselves, others at the University, or a complaint from an external regarding either the University, a member of staff or a student. Any concerns must be notified to the Copyright Advisors at copyright@lboro.ac.uk.

5. Access to Material

5.1 In general, the University will look favourably on requests from third parties or University staff or students who wish to reproduce Loughborough University copyright protected materials. In the first instance, requests of this kind should be directed to the Copyright Advisors.

5.2 If a member of staff or doctoral researcher wishes to deposit in the public domain digital teaching material they have created in the course of their duties, e.g. as Open Educational Resources, advice should be sought from the Centre for Academic Practice.

This policy is also available as a PDF file: Loughborough University Copyright Policy 2019-onwards

If required, the previous Copyright Policy which was in place from 2012 can be obtained from the University’s Copyright Advisors at: copyright@lboro.ac.uk.

Page last updated by C Greasley, 7th November 2019

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