Copyrighted Works Policy - Checking my facts!
Hi fellow Edugeekers-
Do any of you have any comments on the statement below (I intend to email it out to staff when finished) - the background to the problem is included.
Thanks in advance - Ben
At the beginning of the year we removed the restrictions in place to prevent the saving and storage of music files such as mp3, wma and ogg files. This restriction was originally down to a lack of network storage and capacity – you now have much larger storage quotas (15Gb) and the synchronisation of files to staff laptops only deals with files that have changed.
Recently some copyrighted works have appeared in the shared areas which have now been removed – Here are the reasons why:
What UK Copyright Law Protects
UK copyright law (primarily, the Copyright, Designs and Patents Act 1988) provides protection for recorded music (along with other types of creative works) by giving the copyright owner certain exclusive rights of use. Anyone who uses recorded music for those protected uses will be infringing copyright unless they are licensed (i.e. authorised) to do so by the copyright owner.
For recorded music (referred to under copyright law as “sound recordings”), the original copyright owner is the person who undertakes the arrangements necessary for the recording to be made –usually this is the record company responsible for organising and paying for the recording.
The copyright owner’s exclusive rights to use recorded music in the UK include, amongst others:
• the right to play them in public;
• the right to communicate them to the public (including broadcasting them);
• the right to copy them.
Licensing Exemptions and Exclusions
There is an exemption in the Copyright Designs and Patents Act 1988 that gives educational establishments the rights to play and perform copyrighted music when used as part of the curriculum. The audience must only consist of learners, staff and others involved in the educational process.
Non curricular uses of recording or public performance of these works is not covered (non-curricular meaning anything that is not essential to the educational process, such as playing music in the background during an assembly or in the classroom.)
The school will purchase both PRS and PPL licensing to cover the non-curricular use of copyrighted music being publically performed within the school. These give us the right to play/perform the recording in public and the right to communicate them to the public, allowing us to upload performances and media which include music purchased from legitimate sources to the Internet.
All music used within the school must be legitimately purchased as a CD or through a download service such as iTunes. The school does not have to purchase this music and we trust that staff acquire the music from a suitable source.
Neither of the licences or the curriculum exception cover the use of music in commercial or other activities that could not reasonably be considered within the normal activities of a school. (Playback or Performance in the Café is excluded under this) 2
Distribution of Files
The school does not have a right to distribute these music files, and storing these on any shared area or website where members of the school could download them could constitute a criminal offence under the CDPA.
In conclusion, any individual can (with music purchased from a legitimate source) play/perform and broadcast music as part of a derived work, but cannot share the music files between each other, as this would constitute the distribution of ‘unauthorised copies’.
Staff should not encourage the sharing and distribution of copyrighted files by putting them into shared areas. Our Staff AUP also covers this:
• Where work is protected by copyright, I will not download or distribute copies (including music and videos).
The punishment for copyright offences is a fine of £5,000 or 6 months imprisonment, rising to an unlimited fine and imprisonment. This may lead to the conviction of the member of Staff.
Staff should encourage students to create their own compositions using the many tools available to them or use works that are out of copyright (70 years from the date of the recorded performance).