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Using Humap

Humap and Copyright 

Understanding the various types of copyright licences is essential for sharing and using creative works legally and ethically. Below is an overview of common copyright licences, along with summaries of British, European Union, and American copyright law. 

Common copyright licences

All Rights Reserved

This traditional copyright model grants the creator exclusive rights to their work, prohibiting others from using, distributing, or modifying it without explicit permission.

Creative Commons (CC) Licences

Creative Commons offers a range of licences that enable creators to specify the permissions granted to others regarding their work.

  • Summary: CC licences provide flexible options, from allowing any use with attribution to restricting commercial use or derivative works.
  • Types of CC Licences:
    • CC BY (Attribution): Allows others to distribute, remix, adapt, and build upon the work, even commercially, as long as they credit the creator.
    • CC BY-SA (Attribution-ShareAlike): Similar to CC BY, but derivative works must be licensed under identical terms.
    • CC BY-ND (Attribution-NoDerivs): Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the creator.
    • CC BY-NC (Attribution-NonCommercial): Allows others to remix, adapt, and build upon the work non-commercially; new works must acknowledge the creator and be non-commercial.
    • CC BY-NC-SA (Attribution-NonCommercial-ShareAlike): Non-commercial use allowed with attribution; derivative works must be licensed under identical terms.
    • CC BY-NC-ND (Attribution-NonCommercial-NoDerivs): Most restrictive; allows others to download the works and share them with others as long as they credit the creator, but they can’t change them in any way or use them commercially.
  • Further Reading: About CC Licences – Creative Commons

Public Domain

Works in the public domain are free for use by anyone for any purpose.

 

Summary of British Copyright Law

Overview

British copyright law protects the rights of creators and owners of original works, including literature, music, art, films, broadcasts, and software. Copyright gives the creator exclusive rights to use, reproduce, and distribute their work and is automatically applied as soon as the work is created and fixed in a tangible form.

Duration of Copyright

  • Literary, Dramatic, Musical, and Artistic Works: Copyright generally lasts for 70 years after the death of the author.
  • Films: Copyright lasts for 70 years after the death of the last surviving principal director, screenwriter, or composer.
  • Sound Recordings: Protected for 70 years from the year of release.
  • Broadcasts: Lasts for 50 years from the first broadcast.
  • Typographical Arrangements of Published Editions: Protected for 25 years from the year of publication.

Rights of Copyright Owners

  • Economic Rights: The owner has the right to control reproduction, distribution, public performance, broadcasting, and adaptation of the work.
  • Moral Rights: Authors have the right to be credited for their work, object to derogatory treatment, and protect the integrity of their work.

Exceptions to Copyright Certain activities are allowed under “fair dealing,” including:

  • Research and Private Study: Use of limited excerpts for non-commercial purposes.
  • Criticism, Review, and Quotation: Use of content with appropriate credit given.
  • News Reporting: Excerpts can be used when reporting current events with attribution.
  • Parody, Caricature, and Pastiche: Limited use is permitted for these purposes.
  • Education: Use in educational settings for teaching purposes, subject to restrictions.

Licensing and Permissions

To use copyrighted material beyond fair dealing, a license or permission from the copyright owner is needed. The UK Copyright Licensing Agency (CLA) and organisations such as PRS for Music facilitate licensing.

Public Domain

Works enter the public domain when copyright expires, making them free for public use without restrictions.

Enforcement

Copyright infringement occurs when work is used without permission, leading to potential civil action for damages. The UK’s Intellectual Property Office (IPO) and the courts oversee copyright disputes and enforcement.

Recent Developments

The UK Copyright, Designs and Patents Act 1988 is the primary legislation, but updates and reforms ensure alignment with digital advancements and international agreements.

Further Reading:

 

Summary of European Union Copyright Law

Overview EU copyright law protects original works of authorship, such as literature, music, films, and software. It provides creators with exclusive rights to use, reproduce, and distribute their work. The EU’s copyright rules are harmonised across member states to create a consistent framework for protecting intellectual property rights.

Duration of Copyright

  • General Works: Copyright generally lasts for the life of the author plus 70 years.
  • Joint Works: Lasts for 70 years after the death of the last surviving author.
  • Films and Audiovisual Works: Protected for 70 years after the death of the last significant contributor (director, screenwriter, etc.).
  • Anonymous or Pseudonymous Works: Protected for 70 years from publication unless the author’s identity becomes known.
  • Further Reading: EU Directive on the Term of Protection

Rights of Copyright Holders

  • Economic Rights: Include the right to reproduce, distribute, rent, and publicly perform or display the work. These rights allow creators to earn income from their works.
  • Moral Rights: Allow authors to claim authorship and object to any distortion or derogatory treatment that may harm their reputation.
  • Further Reading: European Union Intellectual Property Office (EUIPO) – Copyright Overview

Exceptions and Limitations 

EU copyright law includes exceptions for specific uses under “fair use” or “fair dealing,” such as:

  • Private Copying: For personal, non-commercial use.
  • Educational Use: Copying or performing works in an educational context.
  • Research and Quotation: Use of excerpts for research, critique, or review.
  • Parody: Limited use of works for parody or satire purposes.
  • Further Reading: EU Copyright Directive – Exceptions

Licensing and Digital Rights

The EU encourages the use of open licences and Creative Commons for flexible content sharing. The 2019 Copyright Directive introduced new provisions to adapt to the digital age, including:

  • Article 17 (formerly Article 13): Addresses the use of copyrighted content by online platforms, requiring them to obtain licences and implement measures to prevent unauthorised use.
  • Text and Data Mining: New rights for researchers to use data and text mining for scientific purposes without prior authorisation.
  • Further Reading: European Commission – Copyright in the Digital Single Market

Enforcement and Infringement 

Copyright infringement can lead to civil and criminal penalties. The EU emphasises the need for effective enforcement measures, including:

Cross-Border Regulations 

EU law facilitates the cross-border use of copyrighted content, ensuring that consumers and businesses can access services across the EU without encountering legal barriers.

 

Summary of U.S. Copyright Law

Overview

U.S. copyright law protects original works of authorship, including literature, music, art, software, movies, and more. Copyright grants the creator exclusive rights to use, reproduce, distribute, and adapt their work. Protection is automatic upon creation and fixation in a tangible medium, with no need for formal registration (though registration with the U.S. Copyright Office provides legal benefits).

Duration of Copyright

  • Individual Works: Generally lasts for the life of the author plus 70 years.
  • Works for Hire and Anonymous/Pseudonymous Works: Protected for 95 years from publication or 120 years from creation, whichever comes first.
  • Pre-1978 Works: Copyright duration varies; many are protected for up to 95 years after publication under earlier laws.

Rights of Copyright Holders

  • Exclusive Rights: Include the right to reproduce, create derivative works, distribute copies, perform the work publicly, and display the work publicly.
  • Moral Rights: Limited in the U.S., mainly applying to visual art under the Visual Artists Rights Act (VARA), granting rights to attribution and the integrity of certain artworks.

Fair Use Doctrine

Certain uses of copyrighted material are allowed without permission under the fair use doctrine, which considers:

  • Purpose and Character of Use: Whether the use is commercial or educational and if it adds new expression or value (transformative use).
  • Nature of the Copyrighted Work: The type of work being used.
  • Amount and Substantiality: The portion of the work used in relation to the whole.
  • Effect on the Market: The impact of the use on the market value of the original work.

Examples of fair use include commentary, criticism, news reporting, teaching, scholarship, and research.

Licensing and Permissions 

For uses beyond fair use, users must seek permission from the copyright owner, which may involve licensing agreements. Organisations such as ASCAP, BMI, and other licensing agencies manage rights for musical works and performances.

Public Domain 

Works enter the public domain when copyright expires, allowing unrestricted use. U.S. copyright law also considers works published before 1924 to be in the public domain.

Registration and Enforcement 

While copyright exists upon creation, registering with the U.S. Copyright Office allows owners to sue for statutory damages and attorney’s fees. Infringement can lead to civil action for damages, and in some cases, criminal charges.

Key Legislation

  • Copyright Act of 1976: The main statute, providing the foundation for modern U.S. copyright law.
  • Digital Millennium Copyright Act (DMCA): Enacted in 1998, it addresses copyright issues related to the digital age, including anti-circumvention and liability for online service providers.

Further Reading:

Humap’s copyright takedown request page

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