UNIVERSITY OF PRETORIA
DEPARTMENT OF LIBRARY SERVICES
COPYRIGHT
PROCEDURE AND GUIDELINES
1.
Background
2.
Copyright law
2.1 What is copyright?
2.2 Why do we have copyright?
2.2.1 Why our institution is concerned about copyright?
3.
Copyright Act No. 98 of 1978
3.1 Use of copyright works
3.2 Who owns copyright in a work?
3.3 What does copyright protect?
3.4 What cannot be covered by copyright?
3.5 What can be copied?
3.6 What should be avoided?
3.7 Moral rights
3.8 Copyright violation
3.9 How do I obtain copyright for a work I have created?
4.
Copyright and fair dealings
4.1 Fair use and academics/lecturers
4.2 Challenges for academics
4.3 Academic integrity
5.
Reproduction of material for educational purposes
5.1 Copying by students/researchers
5.2 Copying by a librarian
5.3 Copying by a lecturer
6.
Reproduction of electronic material
6.1 Copyright and electronic publishing
6.2 Tips for the Internet
7.
When and how is permission requested?
7.1 Guidelines for copyright application (for UP Staff)
7.2 Basic steps for copyright application
7.3 How much does it cost?
7.4 DALRO copyright application form
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Planning Assistance
9.
Frequently asked questions on copyright issues
10.
List of References
1. Background
Copyright materials are used in universities in a variety of ways. Universities
and their students, lecturers and researchers frequently use works from
articles, books, newspapers, CD’s, videos, microfilms and multimedia.
Moreover, university libraries not only share copies of material with other
libraries, they also make copies for their readers, as well for long-term storage
and preservation of works. As universities are extensive users of copyright
materials (produced not only within the university but also outside the
university), use of copyright material has always been an important issue for
universities.
Teaching and learning at the University of Pretoria is dependent on existing
knowledge. In the University context, copyright and the reproduction of
copyright protected works are relevant in various areas. Lecturers, students
and various support services are confronted everyday by the Copyright Act
which governs the use of copyright protected works. The University takes its
duty to comply with the Act and related regulations, to honour the rights of
authors, vendors, and publishers and to pay royalties very seriously. The
proposed amended definition of misconduct by members of staff in the
University’s Statute explicitly includes the infringement of copyright. The
definition of student misconduct already includes such infringements.
Increasing pressure is now applied to pressure universities to ensure more
effective control on the reproduction of copyright protected works on campus.
Copyright infringement is a criminal offence, and infringers run the risk of a
fine/imprisonment and a criminal record. Should a staff member infringe
copyright in the course of his/her teaching activities, the University itself would
be liable. It is also increasingly important to the University of Pretoria to
ensure that copyright on works produced by its staff and students are not
violated.
2. Copyright Law
The law of copyright recognizes that certain types of knowledge should be
treated as if they were private property and therefore capable of being
owned. Copyright is the area of law concerning legal rights associated with
intellectual creative effort or commercial reputation and goodwill. It covers a
very wide area and includes literary and artistic works, films, computer
programs, inventions, designs and trademarks. Therefore, copyright exists in
many of the things we use on a daily basis in the library: newspapers, books,
magazines, journals, photographs, maps and charts, illustrations and designs,
audio cassettes, videos and films, television and radio broadcasts, computer
programs and databases, etc.
2.1 What is copyright?
Simply put, “copyright is the right to copy”. It is a legal device that provides
the creator of a work of art or literature, or a work that conveys information or
ideas, the right to control how the work is used.
Copyright is a property right given to authors or creators of "works", e.g.
literary works, artistic works, musical works, sound recordings, films and
broadcasts or computer programs, to control the copying or exploitation of
their work. As a property right it can be transferred by sale, gift or legacy and
by licence issued in order to duplicate. Even though laws differ between
countries, the general principles are the same and require the permission of
the copyright owner before a work can be copied or reproduced regardless of
whether that be through electronic or conventional means. The author of a
work is the person who creates it and he/she is usually, but not necessarily,
the owner of the copyright.
Copyright gives the owner the legal right to do certain things to the work; for
example, making a copy, publishing, broadcasting or giving a public
performance and making adaptations to the work. Anyone else who does any
of these things without the permission of the owner infringes copyright and
may be sued by the owner for that infringement. Keying in copyrightprotected information on to a CD-ROM is an infringement of copyright
regulations, as is storing work and/or adapting work, copying, issuing copies,
dealing in copies in any medium without licence from the copyright owner.
A licence allows the person or persons licensed (the licensee) to do certain
things in respect of the subject matter of the copyright (i.e. they have
permission from the owner). This licence may be for a specified period of
time and may also be limited as to place. Copyright owners generally have
three main concerns regarding the licensing of their works - income
generation, the control of distribution and the protection of the work's integrity.
Copyright laws strive to balance the interests of copyright owners and users.
A copyright owner has control or exclusive rights to prohibit users from using
a work in any specific way without the owner's permission. A copyright owner
has the exclusive rights to control:
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distribution of their work
reproduction of their work
adaptation of their work
public performance of their work
public display of their work
It protects the copyright owner's monetary rights for a fixed period of time.
The fixed period of time varies, depending on the work, before the work enters
the public domain. Some works are in the public domain because they are
not protected by copyright law. However, simply because a work is in the
public domain, does not mean that any individual can claim authorship of the
work.
2.2 Why do we have copyright?
The purpose of copyright law is to promote science and the useful arts. The
South African government believed that those who create an original
expression in any medium need protection for their work so they can receive
appropriate compensation for their intellectual effort. The intent of copyright is
to advance the progress of knowledge by giving an author of a work an
economic incentive to create new works.
2.2.1 Why our institution is concerned about copyright?
The university’s policy ensures that we respect the rights
of authors and publishers and pay reasonable licence
fees, where required by law.
o Infringement of copyright by staff or students may result
in legal action and possible awards of damages.
o The viability of local publishers depends upon compliance
with the copyright law (University of the Witwatersrand
2001).
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3. The Copyright Act No. 98 of 1978
In South Africa, copyright is governed by the Copyright Act No. 98 of 1978, as
amended, and regulations.
(Click http://explore.up.ac.za/articles/1428547.000804/1.pdf to view the Act ).
South Africa is a signatory to the International Berne Convention which
obliges South Africa to give recognition and protection to copyright works from
signatory countries. It is also a signatory to the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) and the World Intellectual
Property Organization (WIPO)’s Copyright Treaty and Performances and
Phonograms Treaty.
Subject to exceptions, copyright endures for the lifetime of the author and 50
years after his/her death or the first posthumous publication of his/her work.
The publisher also has copyright in respect of the published edition (i.e. the
edited typeface uses) even if the original material is no longer subject to
copyright (e.g. a new edition of a Shakespeare play) (University of
Witwatersrand 2001).
3.1 Use of copyright works
In situations where universities use a copyright work, to ensure that they do
not infringe, they must either obtain the permission of the copyright owner or
ensure that their use is permitted under the Copyright Act. A university’s
legitimate use of copyright works may arise in a number of ways:
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Works in public domain
Copying of an insubstantial part of a work
Fair dealing
Compulsory and voluntary licensing arrangements
Library copying provisions
Miscellaneous copying provisions
3.2 Who owns copyright in a work?
The author of a copyright work is generally the person who makes or creates
the work, but this is not always the case. The word ‘Author’ is defined in the
act as follows:
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In respect of a literary, musical or artistic work, to mean
the person who first makes or creates the work;
For a photograph, to mean the person who is responsible
for the composition of the photograph;
For a programme-carrying signal, to mean the first person
emitting the signal to a satellite;
For a published edition, to mean the publisher of the
edition;
For a computer program, to mean the person who
exercised control over the making of the computer
program.
The author or creator of the work is the owner of the copyright, unless the
person is in employment, and the work is created in the course and scope of
the employment, in which case the Employer holds the copyright. For
example, in the case of all works which are made in the course of an author’s
employment (University of Pretoria) under a contract of service or
apprenticeship, the copyright will be owned by the University of Pretoria.
It is, however, possible for the creator of the work to share copyright as in joint
authorship, or to contractually assign in writing, the copyright or part thereof,
to a publisher or other third party, either on an outright basis or for a limited
purpose or period.
Copyright owners have the exclusive right to do all or any of the following acts
in relation to a literary, dramatic or musical work:
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To reproduce the work in a material form;
To publish the work, to perform the right in public;
To broadcast the work;
To cause the work to be transmitted to subscribers to a
different service;
To make an adaptation of the work;
To do, in relation to a work that is an adaptation of the
first-mentioned work, any of the acts specified in relation
to the first-mentioned work.
3.3 What does copyright protect?
Copyright provides authors fairly substantial control over their work. The four
basic protections are:
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The right to make copies of the work;
The right to sell or otherwise distribute copies of the work;
The right to prepare new works based on the protected
work;
The right to perform the protected work (such as a stage
play or painting) in public.
According to Section 2(1) of the Copyright Act No. 98 of 1978, copyright
protects works "fixed in any tangible medium of expression" in these
categories:
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literary works;
any musical works, including accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings;
architectural works.
3.4 What cannot be covered by copyright?
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Works in the public domain:
o Ideas are in the public domain.
o Facts are in the public domain.
Words, names, slogans, or other short phrases also
cannot be copyrighted. However, slogans, for example,
can be protected by trademark law.
Blank forms.
Government works, which include:
o Judicial opinions.
o Public ordinances.
o Administrative rulings.
Works created by Provincial government employees as
part of their official responsibility.
Works for which copyright wasn't obtained or copyright
has expired (extremely rare!).
3.5 What can be copied?
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Motion media:
o Up to 10 percent of the total or three minutes,
whichever is less.
Text material:
o Up to 10 percent of the total or 1,000 words,
whichever is less.
o An entire poem of less than 250 words may be
used, but no more than three poems by one poet
or five poems by different authors in an anthology.
For poems exceeding 250 words, 250 words
should be used but no more than three excerpts
from one poet or five excerpts from different poets
in the same work.
o A chapter from a book (never the entire book).
o An article from a periodical or newspaper.
A short story, essay, or poem. One work is the
norm whether it comes from an individual work or
an anthology.
o A chart, graph, diagram, drawing, cartoon or
picture from a book, periodical or newspaper.
Music, lyrics, and music video:
o Up to 10 percent of the work but no more than 30
seconds of the music or lyrics from an individual
musical work.
Illustrations or photographs:
o No more than five images from one artist or
photographer.
o No more than 10% or 15 images, whichever is
less, from a collection.
o Multiple copies of a chart, graph, diagram,
drawing, cartoon, or a picture contained in a book
or periodical issue.
Numerical data sets:
o Up to 10 percent or 2,500 fields or cell entries,
whichever is less, from a copyrighted database or
data table.
Copying of a multimedia project:
o No more than two copies may be made of a
project.
Poetry:
o Multiple copies of a poem of 250 words or less that
exist on two pages or less or 250 words from a
longer poem.
Prose:
o Multiple copies of an article, story or essay that are
2,500 words or less or excerpts up to 1,000 words
or 10 percent of the total work, whichever is less.
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3.6 What should be avoided?
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Making multiple copies of different works that could
substitute for the purchase of books, publisher's reprints,
or periodicals.
Copying the same works from semester to semester.
Copying the same material for several different courses
at the same or different institutions.
Copying more than nine separate times of a single work
in a single semester.
3.7 Moral rights
Moral rights are separate and distinct from the copyright subsisting in a work,
and cannot be transferred to a third party. Moral rights comprise the rights of
paternity, i.e. the right to claim authorship of the work, and the right of
integrity, i.e. the right to object to any distortion, mutilation or other
modification of the work where such action is or would be prejudicial to the
honour or reputation of the author. Moral rights are separate and distinct from
copyright subsisting in the work, and cannot be transferred to a third party
(Dean 1988; University of the Witwatersrand 2001).
3.8 Copyright violation
The author or owner of his/her licensee (in some cases) can take legal action
to stop infringement of his/her rights. This can include seizure of the infringing
material, damages and an interdict preventing further infringement of his/her
rights. The courts have the power to award additional damages where there
has been a flagrant beach of copyright. The Copyright Act also makes
provision for criminal penalties – a fine (a maximum of R5 000 per
infringement) and/or imprisonment of up to 3 years for a first conviction. The
maximum fine and/or imprisonment penalty for a second conviction is R10
000 and/or 5 years (University of the Witwatersrand 2001).
3.9 How do I obtain copyright for a work I have created?
You automatically own the copyright to any work you create as soon as it is
fixed in a tangible medium. You are not required to take any other action to
claim your copyright. However, there are certain things you can do to
communicate or help secure your copyright. You can indicate your ownership
by the phrase "copyright by" or the symbol "©", the date, and your name. You
can also register your ownership with the South African Copyright office for a
small fee for additional protection. In many instances registration is a
prerequisite for taking someone to court for copyright infringement.
4. Copyright and fair dealings
Copyright laws do allow for limited uses of copyrighted materials, especially if
the use offers societal benefits without the author's permission for specific
purposes. Examples of fair use of copyrighted materials include quotation of
excerpts in a review or critique, or copying of a small part of a work by a
lecturer or student to illustrate a lesson. These limited uses are commonly
referred to as fair use. Fair use is the legal right to copy a limited amount of
copyrighted material without obtaining permission or royalty payment.
Copying excerpts from books, periodicals, newspapers, and other works for
purposes of criticism, comment, news reporting, teaching, scholarship, or
research is generally considered to be fair use.
In an academic institution, certain exemptions are allowed when dealing with
copyrighted works for scholarly research and personal use. Under Fair Use,
small portions of copyrighted works can be used to support or refute personal
research claims, as well as support or rebut already published research.
Fair Use, as defined in Section 12 of the South African Copyright Act, states
that: fair use of a copyrighted work … for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright.”
According to Section 2(1) of the Copyright Act No. 98 of 1978, whether a use
is fair use is based on:
· "the purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
copyrighted · the nature of the work;
· the amount and substantiality of the portion used in relation to the
copyrighted work as a whole;
use upon the · the effect of the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration of all the above
factors."
Key point: Fair use allows the duplication or
copying of "small portions" of a work for
education purposes that would be otherwise
restricted under copyright law.
4.1 Fair Use and Academics / Lecturers
Fair use explicitly allows use of copyrighted materials for educational
purposes such as criticism, comment, news reporting, teaching, scholarship,
and research. Rather than listing exact limits of fair use, copyright law
provides four standards for determination of the fair use exemption:
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Purpose of use: Copying and using selected parts of
copyrighted works for specific educational purposes
qualifies as fair use, especially if the copies are made
spontaneously, are used temporarily, and are not part of
an anthology.
Nature of the work: For copying paragraphs from a
copyrighted source, fair use easily applies. For copying a
chapter, fair use may be questionable.
Proportion/extent of the material used: Duplicating
excerpts that are short in relation to the entire copyrighted
work or segments that do not reflect the "essence" of the
work is usually considered fair use.
The effect on marketability: If there will be no reduction in
sales because of copying or distribution, the fair use
exemption is likely to apply. This is the most important of
the four tests for fair use.
None of these factors alone constitutes fair use. Even though materials may
be copied for educational purposes, the other standards must be met.
Unfortunately, these are not exactly crisp and clear guidelines. Nevertheless,
ignorance of the law is no excuse.
4.2 Challenges for Academics
Fair Use and professional responsibility: Beyond the legal aspects of the
copyright law lies an important issue - ethics. Academics, without regard to or
knowledge of copyright restrictions, sometimes duplicate materials illegally or
load software without license. Such copying, seemingly convenient and
unnoticeable, is, in fact, stealing - taking someone's property without
permission, thus depriving the author of income or control to which he/she is
entitled.
Academics have a moral obligation to practice integrity and trustworthiness.
Just as they expect students to refrain from cheating on tests and from taking
others' belongings at institution, they should honour the law when it comes to
fair use and copyright. Thus, Academics / Lecturers not only should protect
themselves from legal liability but should also model honesty and truthfulness
by knowing when and what may be copied for educational use.
4.3 Academic integrity
While academic integrity and copyright are the ethical and legal sides of the
same coin, they both address how intellectual property can be employed in a
research environment. Even those making use of a work under the Fair Use
Guidelines must give credit to those who originally created a work.
When copyrighted works are used for personal use, it is with the
understanding that the person using the works will not earn money from this
use, nor will they abuse those exemption rights granted to them under the
Copyright Act No. 98 of 1978 (as amended).
When individuals use the copyrighted materials of others for personal gain
(e.g. the production of course packs), they may well lose any fair use
exemptions and be required to obtain specific permission from the copyright
holder.
5. Reproduction of material for educational purposes
In addition to regulations governing the reasonable use of copyright protected
works, the regulations governing the reproduction of such works must also be
noted carefully. Under certain circumstances and subject to certain
conditions, it is possible for lecturers, students and librarians to make copies
of copyrighted works. Within these limits, specific permission from the holder
of copyright is not required.
Section 13 of the South African Copyright Act (Regulations) has specific
exceptions for educational purposes. The law permits the making of limited
numbers of copies of works for personal use, study and research, and
teaching, without having to apply for copyright permission, viz:
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Personal copies for use by a student, a researcher and
lecturer
Having regard to the totality and meaning of a work, one
(1) copy of a reasonable and necessary portion of a work,
consistent with fair practice, can be made without
permission (Regulation 2(a)).
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Copies for students made by academic departments
One (1) copy of a “reasonable portion” per student per
course, may be made by or for a lecturer for classroom
use or discussion, without permission (Regulation 2 & 7).
Not more than “a reasonable portion” should be made,
provided the “cumulative effect of the reproductions does
not conflict with normal exploitation of the work to the
unreasonable prejudice of the legal interest and residuary
rights of the author” (Regulation 2(b)). “Cumulative
effect” is defined as follows (Regulation 1(iii)):“not more than 1 short poem, article, story or
essay or 2 excerpts copied from the same author
or more than 3 short poems, articles, stories or
essays from the same collective work or periodical
volume, for the purpose of instructing a particular
class during any one term and;
o “not more than 9 instances of such multiple
copying for one course of instruction to a particular
class during any one term”.
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“At the end of the term, therefore, students in a
class may have received from their lecturer not
more than:
copies of 9 poems, articles, stories or essays by 9
different authors
or
copies of 18 excerpts from the works of 9 different
authors (2 excerpts per author)
or
copies of 27 poems, articles, stories or essays
from 9 different collective works or periodical
volumes with the proviso that all of the 27 works
must have been written “by different authors”
(DALRO).
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Section 12(4) of the Act allows a work to be used (and
this includes copied), without permission of the author for
teaching purposes.
A single copy may be made by or for a lecturer, at his/her
request, for research, teaching or preparation for teaching
in a class.
5.1 Copying by students / researchers
A student / researcher may make a single copy for the purpose of research or
private study provided that (Regulation 2(a)):
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the use is reasonable (copying the whole work or a very
large portion of work is regarded as unreasonable –
copyright infringement);
the copy is made by the student or researcher
himself/herself or by a librarian in his/her stead (no one
else may make a copy for him/her);
he/she does not disseminate the copy or make the copy
available to anyone else.
However, a student may not:
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copy more than the permitted amounts, as specified
above. If he/she needs to copy more than this, prior
permission must be obtained directly from the publisher
or from DALRO;
make multiple copies for other students. Each student
must make his/her copies, within legal limits;
scan, adapt, translate or convert information into different
formats without permission;
place copyrighted works onto any web-page without prior
permission;
photocopy a whole book or journal, or a large portion
thereof. This is unlawful and has a detrimental effect on
intellectual creativity, scholarship, research, writing and
publishing. If a book is out-of-print, prior permission has
to be obtained, before reproducing any portion of the
work beyond the ambit of “fair use”;
reproduce sheet music, videos, tapes, CD’s, DVDs, films,
sound recordings, etc. without prior permission
(University of the Witwatersrand 2001).
5.2 Copying by a librarian
A librarian may copy an article from a journal or anthology or a reasonable
portion from any other work and may make a single copy available upon
request to:
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an individual for the exclusive purposes of private study
or the use of the individual who has requested the work;
a lecturer for research, teaching or the preparation for
teaching a class;
copy a work to replace an edition/copy which has been
damaged or lost and for which an unused replacement
cannot be acquired at a reasonable price;
copy an unpublished work exclusively for preservation
and security purposes;
copy, upon request, the whole or substantial portion of a
copyrighted protected work from the library’s collection for
private study or personal use, on condition that an
unused edition cannot be acquired at a reasonable price.
(A library is not permitted to compile a collection of
articles or extracts from works in facsimile form, to
replace such copies on the “reserved” shelf and allow
students to duplicate such reproductions. In such cases
it is possible for the royalties’ payable to be set according
to the number of students that are registered for the
course concerned.)
5.3 Copying by a lecturer
A lecturer may:
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make a single copy of a reasonable portion of a work for
him/herself or request that the library makes such a copy
for him/her for the purposes of research, preparation for
teaching or class teaching. (Although the regulations are
not very clear in this regard, the act is generally
interpreted as including sketches, photographs or
illustrations from textbooks or journals for illustrative
purposes in the classroom.)
make multiple copies of a reasonable portion of a work
for him/herself, or request the library to make such
copies, for classroom use, on condition that:
o no more than nine (9) instances of such multiple
copying occur for a given curriculum for a specific
class during one quarter; and
o that only one copy per student per course is made
by or for the lecturer and is used exclusively in the
classroom or for class discussions (this includes
comprehension exercises and poetry analyses).
NB It is important to note that the Regulations state very clearly that the right
to reproduce works applies only to literary works and that the Regulations
exclude musical and artistic works. If a music teacher or leader of a choir
wishes to make copies of a musical work, he/she must always obtain
permission from the composer or his/her publisher. This provision also applies
to artistic works, e.g. photographs, pictures, graphic works or diagrams which
are published as illustrations or appendices.
Furthermore, the above authorisations to lecturers are subject to the following:
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the reproduction of the above works is limited to:
o the reproduction of no more than one short poem,
article, short story or essay or two extracts by the
same author; or
o alternatively, the reproduction of no more than
three short poems, articles, short stories or essays
from the same anthology or collection of journals;
o the reproduction must be made only for the
purposes of teaching a specific class during a
specific quarter;
o the reproduction may not clash with the normal
use of the work to the extent of constituting any
unreasonable prejudice to the legal interests and
vested rights of the author or holder of copyright;
o copies may not be used to create, replace or
substitute anthologies, compilations or collections;
o no copies may be reproduced from works which
are intended to be ephemeral in nature (i.e.
designed to be relevant only for a short time),
including workbooks, exercises, standardised tests
and test booklets, answer sheets and similar
ephemeral material; and
o copies may not replace books, reprint editions or
journals, and the same lecturer may not repeat
copying of the same material during the same
quarter.
6. Reproduction of electronic material
The Internet has made it possible for researchers to surf through millions of
pages of material in a matter of seconds in order to obtain photographs,
journal articles, reports, conference proceedings, overhead projector slides,
annual reports and so on. Technological advances have made access to
information quicker and simpler than ever before. But, information, which is
accessed on the Internet is subject to copyright law just as printed sources
are.
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If you wish to copy information from a web site, you
should first look at the page’s own copyright notice. The
page may have a notice which state clearly whether you
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can cut and paste, download, or print out material and if
so, how extensively. If there is no copyright notice, or if
the copying you wish to undertake is not covered by the
notice, you should obtain specific permission. This can
probably best be achieved by emailing the webmaster for
that particular web site.
When using the Internet, do not assume that if access is
free, that there are no copyright restrictions. Always
check the copyright notices and disclaimers. Some
websites have strict conditions, whilst other allow
reproductions for non-commercial or educational
purposes.
Each electronic database has its own licence, including
copyright conditions.
Many of the e-resources on the E Journal portal allow
printed or electronic course packs to be made by UP staff
and students only.
6.1 Copyright and electronic publishing
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The same copyright protections exist for the author of a
work regardless of whether the work is in a database,
CD-ROM, bulletin board, or on the Internet.
If you make a copy from an electronic source, such as the
Internet or WWW, for your personal use, it is likely to be
seen as fair use. However, if you make a copy and put it
on your personal WWW site, it is less likely to be
considered fair use.
The Internet IS NOT the public domain. There are both
un-copyrighted and copyrighted materials available.
Assume a work is copyrighted.
6.2 Tips for the Internet
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Always credit the source of your information.
Find out if the author of a work (e.g., video, audio,
graphic, icon) provides information on how to use his or
her work. If explicit guidelines exist, follow them.
Whenever feasible, ask the owner of the copyright for
permission. Keep a copy of your request for permission
and the permission received.
7. When and how is permission requested?
Where the use or reproduction of works protected by copyright cannot be
authorized according to the fair use guidelines, permission must be obtained.
The normal procedure is to approach the Copyright Office, level 4 in the
library or 420-5452 or [email protected], in this regard.
7.1 Guidelines for copyright application by UP staff
Any member of staff who wishes to provide students with course readers
which include not only original material but also copyrighted material should
obtain permission from Dalro (Dramatic, Artistic and Literary Rights
Organisation (Pty) Ltd) for such reproduction.
DALRO represents in South Africa the rights of reprographic reproduction in
the vast majority of books and journals published in South Africa, England,
America, Australia, New Zealand, Canada, Ireland, France, Denmark,
Norway, Germany and Switzerland, and application for permission to the
following information must accompany each application for reprographic
reproduction rights (forms are available from the Copyright Officer or
electronically on the AIS website):
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Title of the publication (book, journal, periodical,
magazine);
Author(s) of the publication (editor(s), compiler(s), etc.);
Title of the specific chapter, section or article intended to
be copied;
Author(s) of the specific chapter, section or article
intended to be copied;
Author(s) of the specific chapter, section or article
intended to be copied;
ISBN (in the case of a book) or ISSN (in the case of a
journal) number of the publication;
Number of pages (as printed) intended to be copied;
Number of copies to be made of the section intended to
be copied; and
Number of pages in the entire publication.
(PLEASE NOTE: If essential information is lacking, permission may be
delayed or denied).
Send the completed form to the Copyright Officer, who will forward the
request to DALRO, or the appropriate publisher.
Within five working days of receipt, the Copyright Officer will send a
confirmation notice to the requestor informing them of permission grants
and/or denials on a work-by-work basis.
7.2 Basic steps for copyright application
1st Step
Lecturers
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The academic staff / lecturer or TLE determines
which articles or sources that he/she wants to use
for his/her course for the academic year.
The lecturer also determines if the requested
articles or sources should be scanned and be
placed on the electronic reserve, short loan
reserve circulation (paper form) or on a coursepack. He/she should also indicate if the resources
will be used for WEB-CT courses.
The lecturer may either complete a copyright
requisition form directly electronically on the library
web page which is send automatically to the
Copyright Officer (Jacob Mothutsi) or the lecturer
may send his/her request to the Subject
Information Specialist. The preferred method is for
the lecturer to send his/her applications to the
Subject Information Specialist.
2nd Step
Information Specialist
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The Information Specialist receives copyright
application requests forms from the lecturer
indicating what articles and sources are needed for
the academic year or semester.
The information specialist checks the information
on the form to determine if it is within the required
limit of 10%, checks to see if all the information is
completely included namely the title of the
book/Journal; number of pages; ISSN/ISBN; the
publisher and also the number of students
registered for this subject. While checking the
correctness of the information on the forms, the
information specialist should take note that if the
articles that the lecturer has requested are already
available on electronic databases or journals that
UP subscribes to, there is no copyright clearance
needed as the institution already has a license
agreement with the database or journal concerned.
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Before sending the application forms to the
copyright officer, the information specialist also
checks if the articles (for journal articles) requested
by the lecturer are not available on electronic
journals that UP subscribes to as such request do
no require copyright clearance as UP already has
clearance with the licence agreement of the journal
concerned.
After checking and verifying that the information is
correct, the Information Specialist sends or faxes
the request forms to the Copyright Officer.
If the application requested is to be placed on EGV, the Information Specialist sends his/her
application form with articles or sources that needs
to be scanned simultaneously with the forms to the
Copyright Officer. If the application requested is to
be placed on the short-loan reserve section, the
Information Specialist sends his/her application
form with articles or sources that needs to be
placed on short-loan reserve section.
3rd Step
Copyright Officer
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The Copyright Officer receives copyright
application request forms from the lecturer or
Information Specialist (electronically, faxed or
posted).
The Copyright Officer checks the forms to verify if
the correct information has been completed
correctly and if there is any data that is missing,
the Copyright Officer contacts the Information
Specialist or Lecture to clarify this.
If the application request forms are completely and
correctly filled, the Copyright Officer sends the
copyright application forms (by fax) to DALRO to
apply for copyright.
If the copyright application has been granted,
DALRO sends back this authorization information
to the Copyright Officer.
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The Copyright Officer informs the Information
Specialist about the request if it was granted or
denied.
If the copyright application requested was for
articles or sources to be placed on E-GV, after
being scanned and linked, Copyright Officer sends
URL’s to the Information Specialist or if the
copyright application requested was for articles or
sources to be placed on short-loan reserve
section, they are place on short-loan reserve
section.
7.3 How much does it cost?
For 2006 the university tariff for a transactional licence to photocopy is R 0 36
per page per photocopy plus VAT. The tariff is adjusted annually.
7.4 Dalro copyright application form
For application form to apply for copyright clearance, click
www.ais.up.ac.za/copybook.htm#n3 (Books)
www.ais.up.ac.za/copyserial.htm#n2 (Serials & Journals)
8. Planning assistance
The following individuals may be consulted and can assist in your planning:
Department of Library Services
Mr J.T Mothutsi: Tel +27 -12-420-5452
Legal services
Ms E Gardiner: Tel +27 -12-420-3073
Printing
Mr D Kretsman:: Tel +27 -12-420-2209
9. Frequently asked questions concerning copyright issues
What is protected under the Copyright Act?
Literary (whether in written, printed or digital form), musical and artistic works,
cinematograph films, sound recordings, broadcasts, programme-carrying
signals, computer programmes and published editions.
Surely it is acceptable to photocopy as much as I want for my classes as
long as it is for educational purposes, and not for profit?
The Copyright Act does not say anywhere that you may copy as much as you
like as long as it is not for commercial purposes.
But the school has bought the book I want to copy from. If it belongs to
the school, why must I ask someone else for permission?
You have to separate the physical property (the book) from the intellectual
property (the content) contained in it. Ownership of the book is not the same
as ownership of the ideas as expressed in it. The expression of those ideas
belongs to the author. The publisher has a separate copyright in the published
edition or the typographical arrangement on the page.
May I freely photocopy from a book that is out of print?
No. Out of print does not mean out of copyright. Copyright in the content lasts
for 50 years after the death of the author. Copyright in the published edition
lasts for 50 years from the date of publication.
Is it legal to photocopy an illustration (a photograph, map or diagram)
and hand it out to my class for insertion into their exercise books?
No.
I can’t afford to apply for a licence to reproduce an artistic work. To what
extent must I change it so that it is no longer a copy?
There is no copyright in ideas or in information, but there is copyright in the
way they are expressed. It is legally acceptable to present the same
information in an original, value-added manner, as long as it in no way
resembles the genuine artistic work.
I want to photocopy pages from a published workbook and hand them to
my classes. Is this allowed by the regulations, since the purpose is
“classroom use or discussion”?
No copies may be made from works intended to be ephemeral*, including
workbooks, exercises, standardised texts, etc. (sub-regulation 9(b)). *
ephemeral – lasting for only a short time.
May I enlarge and photocopy a map, picture or diagram and stick it on
the wall of my classroom?
Yes, this is allowed by section 12(4) of the Copyright Act.
I am busy putting together an exam paper. May I include a short extract
from a book?
Yes, if the extract is short you may reproduce it (“quote” from it), but you must
cite the source and author (see section 12(3) of the Copyright Act).
May I photocopy a cartoon, ‘tippex’ out the words in the bubbles, and
ask pupils to insert their own words?
No.
May I make a backup copy of a video and store it in the school library?
No.
How many copies of the chosen section may I copy for my students?
The copyright regulations promulgated in terms of section 13 of the Act permit
multiple copies for students as follows: not more than nine instances of
multiple copying may take place for one course of instruction to a particular
class during any one term. Furthermore, only one copy per pupil per course
may be made.
What must I do when I need to photocopy more than is allowed by the
Copyright Act and Regulations?
You must obtain a licence. We will then advise you if the amount you wish to
copy is permissable and quote you the charge for doing so. You will receive
confirmation in writing.
If the material is not the copyright of Oxford University Press Southern Africa,
The Dramatic, Artistic and Literary Rights Organisation (DALRO) is mandated
by most publishers and authors worldwide to administer their reprographic
reproduction rights and issue licences. Application for a licence should be
made to DALRO. Write to DALRO, P O Box 31627, Braamfontein, 2017, or
call (011) 489-5000.On receipt of the application, DALRO will issue a
quotation of the cost.
How much does a licence cost?
In 2006 the university tariff for a transactional licence to photocopy is R 0,35
per page per photocopy plus VAT. The tariff is adjusted annually.
What about obtaining a licence to copy works published outside South
Africa? Can I still apply to DALRO?
The application must still be submitted to DALRO, as they have reciprocal
agreements with RROs in other parts of the world. DALRO will send the
money collected to the RRO concerned.
Do the copyright regulations apply to school libraries and public
libraries?
Yes. When making copies, a librarian may not photocopy the same extract for
a whole crowd of students, whether they come into the library all at once, or
one by one over a period of time. The purpose of this prohibition is to prevent
abuse of the regulations, which permit certain acts of copying for classroom
use or discussion, and also to prevent abuse of the fair dealing provision in
section 12(1)(a) of the Act itself, which allows someone to make a single copy
for personal and private use, or for scholarship or research. The following
copyright warning must be displayed in the immediate vicinity of all
unsupervised photocopying equipment.
How can a work reference the copyright owner of digital photographs, video,
or sounds?
Include the copyright symbol and the name of the copyright owner directly
on/under/around the digital material. It is virtually impossible to ensure that
digital information located at any distance from the image/video would be
seen by a user if the copyright notice is not directly attached to the material.
If the material is only used once for a class or a project, does the copyright
owner need to be acknowledged?
Images, graphics and video should be credited to their owners/sources just as
written material. Also, if you should change your mind and want to use
material for commercial purposes, then it is important that you would know
where and when you found the material and who the copyright owner is.
Is content on the Internet copyrighted?
Yes, everything on the Internet (including everything on the World Wide Web)
is copyrighted. It is a common misconception that everything on the Web is in
the public domain. While it is true that documents on the Web (and in other
digital formats) are easier to reproduce and distribute than other media, the
ease of reproduction and distribution does not change the copyright. Digital
content is still copyrighted and copying or reproducing it without permission
may be illegal.
Is linking to something on the Web a copyright violation?
When you create a hyperlink from one Web page to another, you have not
made a copy of the original work, so this is not a copyright violation.
Generally, you are also not expected to request permission to link to a Web
page, though it is often considered courteous to do so.
10. List of References
University of the Witwatersrand, Copyright Service Office, 1 Jan Smuts
Avenue, Johannesburg, 2001 – www.wits.ac.za/library/services/copyright
Dean, O, S.A Handbook of Copyright, Juta, 1988, 1 – 61, Services 8
DALRO’s document entitled “Reprographic reproduction of Copyright Material
for educational purposes – Pg 5