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Restricted and Permitted Acts

Restricted and Permitted Acts. Richard McCracken Head of Intellectual Property The Open University. Two types of activity. Restricted Acts (What we can do with permission) Permitted Acts (What we can do without permission). Restricted Acts. Copying

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Restricted and Permitted Acts

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  1. Restricted and Permitted Acts Richard McCracken Head of Intellectual Property The Open University

  2. Two types of activity • Restricted Acts (What we can do with permission) • Permitted Acts (What we can do without permission)

  3. Restricted Acts • Copying • Making available to the public (publishing) • Broadcasting • Adapting • Dealing in infringing copies • Providing means of making infringing copies

  4. Restricted acts continued • Storing in an electronic medium • Extracting (database right) • Communicating to the public (digital networks) • Authorising infringement • Recording performances

  5. Permitted Acts • Using an insubstantial part • Fair dealing for the purposes of criticism or review • Fair dealing for the purposes of reporting a current event • Fair dealing in setting, communicating or answering a bona fide examination question

  6. Permitted acts & licensing schemes • Photocopying text (CLA) • Off-air recording of broadcasts (ERA and OU schemes)

  7. Insubstantiality • A qualitative test • Varies according to context and ‘work’ • e.g. literary prose/poetry, musical, film.

  8. Off-air recordings • 1988 CDPA – “educational purposes of the institution” • 2003 incorporation of EC Directive “premises of the institution” • e.g. campus facilities, halls of residence, study centres • Access from other premises denied

  9. Web content Restricted Acts apply: • Storing in an electronic medium • Authorising infringement • Provision of premises and equipment for infringement • Communicating to the public • Database rights

  10. Explicit licences Licensing statement

  11. Implicit licences • Context-driven • Letter to newspaper • Interpretation of intent

  12. Rights ownership • Staff – terms and conditions • Students – terms and conditions • Commissioned – contractual • Existing - licensing

  13. Do I need to clear? • Is it a work? No – use it/Yes - proceed to next question • Is it protected? No – use it/Yes – proceed to next question • Am I performing a restricted act? No- use it/Yes – proceed to next question • Do I have a defence? Yes – use it/No – clear it

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