The Intellectual Property Office (IPO) is conducting a post-implementation review (PIR) of the 2014 changes to copyright law, and has published a call for evidence, which closes on 10 April 2019. This guidance from LACA provides support to libraries and archives in responding to this call.
The UK’s copyright laws were updated in 2014. Many of the changes were beneficial to libraries, archives, education, and users of content. As part of the Government’s PIR, the IPO has put out a call for evidence, which closes on 10 April 2019.
This guide from LACA explains the changes to copyright exceptions and licences that were made in 2014 as they relate to libraries, archives, education, and research and provides helpful information to support you in supplying evidence to the IPO.
We encourage as many individuals, organisations, and associations as possible to provide evidence to the IPO.
Not sure if these changes have impacted you or your users? We’ve set out some examples below to indicate when you or your users might be using an exception or licence that was introduced or updated in 2014.
If you …
- make digitised in-copyright content available on your premises via a computer, a touch screen or other device you’re probably using the dedicated terminals exception
- make copies of articles, films, or other in-copyright works from your library to supply to other libraries you’re probably using the supply of library copies exception
- create copies of in-copyright works in your collections for the purpose of preserving the original you’re probably using the preservation exception
- make limited copies of works held in your library or archive in order to supply these to individual users for non-commercial research or private study you’re probably using the copying by librarians or archivists exceptions
- make ‘orphan work’ in-copyright materials available online following a search for the copyright owner(s) and register the works on the EU IPO Orphan Works Database you’re probably using the orphan works exception
If you or your users …
- make limited copies of in-copyright works for research or study for a non-commercial purpose you or your users are probably using the research and private study exception
- create copies of material so that you can apply computational analysis (eg text and data mining) techniques in order to uncover patterns, omissions, etc. you or your users are probably using the text and data mining exception
- reproduce extracts from in-copyright works for the purpose of educational instruction, such as classes or setting exams you or your users are probably using the illustration for instruction exception
- record broadcasts for educational purposes beyond the scope of a valid licence (i.e. from the ERA) you or your users are probably using the educational recording exception
- reproduce limited amounts of in-copyright works for educational purposes beyond the scope of a valid licence (i.e. from the CLA) you or your users are probably using the educational copying of extracts exception
- use extracts from published in-copyright works for illustrating a point you or your users are probably using the quotation exception
- reproduce, re-use, or recreate in-copyright material for satirical purposes or mockery, humour, or social commentary you or your users are probably using the parody, caricature, and pastiche exception
- use ‘orphan work’ content under a licence from the UK Intellectual Property Office you or your users are using the UK orphan works licensing scheme
All of these were introduced or updated in 2014 and are subject to this review. If you or your users use one or more of these exceptions or licences, or may do so soon, you probably have helpful evidence to supply. This guide can help.