The report covered areas such as copyright compliance, why there is so
much legal uncertainty, how copying can be authorised through statute,
permission, licence or contract; what constitutes copyright
infringement, and what are the consequences; relevant legal cases and
their outcomes; minimising risk; organisational policies, and keeping
within the terms of licence agreements.
| Disclaimer | 2 |
| Biographical note | 4 |
| Abbreviations | 4 |
| Introduction | 5 |
| Copyright compliance is both a
legal and an ethical issue | 6 |
| Policing acts of copying | 6 |
| Why is there so much
legal uncertainty? | 7 |
| Terminology used in the
Database Regulations | 9 |
| Is your copying authorised? | 10 |
| a) Statute | 10 |
| b) Permission | 11 |
Identifying and tracing
the rights holder | 11 |
| c) Contract | 13 |
| d) Licence | 14 |
| What constitutes copyright
infringement | 15 |
| The new offences under
the Copyright and Related
Rights Regulations | 16 |
| Legal cases | 18 |
| Minimising risk and
risk management | 22 |
| Organisational policies relating
to copying copyright material | 25 |
| Staff training and awareness | 26 |
| Keeping within the terms of
licence agreements | 27 |
| Checklist of key things for
keeping legal with copyright | 28 |
| Where to go to seek advice | 29 |
| Further reading | 29 |
| Legislation | 29 |
| Legal Cases | 218-122 |
| American Geophysical Union v
Texaco Inc | 18 |
| Ashdown v Telegraph Group Ltd | 21 |
| British Horseracing Board v
William Hill | 19 |
| Copyright Licensing Agency v
Dar Al Handasah | 19 |
| Copyright Licensing Agency v
Essenheath t/a Greenwich College | 18 |
| Copyright Licensing Agency v
Fournier Pharmaceuticals | 18 |
| Copyright Licensing Agency v
Morgan Stanley | 18 |
| Copyright Licensing Agency v
Photocopier Maintenance
and Servicing | 22 |
| Copyright Licensing Agency v
Store Street Press | 19 |
| Lowry's Reports v Legg Mason | 22 |
| Newspaper Licensing Agency v
Islington Borough Council | 19 |
| Newspaper Licensing Agency v
Marks & Spencer plc | 19 |
| Ordnance Survey Northern Ireland v
Automobile Association | 20 |
| Publishers Association v
Manchester City Council | 18 |
| Tasini v New York Times | 21 |
| Universities UK (formerly CVCP) v
Copyright Licensing Agency | 20 |
NB: The author is not a lawyer and purchase of the report does not constitute legal advice.
