Currently, the UK's Copyright, Designs and Patents Act of 1988
provides that the copying of copyrighted material without the
copyright owner's permission is illegal. However, it allows copying
for the purposes of research or private studying, an exception
known as "fair dealing."
Although the Act does not determine how much copying is allowed
by the exception, it is accepted that making single photocopies of
short extracts of a work is within the scope of fair dealing.
Therefore, at present, a business wishing to make a single copy
of a short extract of a book, journal or newspaper for research is
covered by the fair dealing exception, and does not need a
copyright licence.
Businesses have also the right, under certain conditions, to ask
a librarian in a non-profit library to supply them with such
copies.
The forthcoming implementation of the EU Copyright Directive
will change this. It requires that this exception will exclude
copying conducted for research for a commercial purpose.
It is likely that most research undertaken by a business will be
for a commercial purpose. Therefore, when the change comes into
force, businesses making single photocopies of copyrighted material
for commercial purposes will need a licence.
Making more than one photocopy or copying more than a short
extract already needs a licence. Usually, businesses license such
copying collectively, through the Copyright Licensing Agency and
the Newspaper Licensing Agency.
Such licences, issued after the 1st October 2002, cover the
limited copying that would have been covered by fair dealing.
Therefore, no additional licensing is required in this case. These
licences also cover the scanning and e-mail distribution of
copyrighted material.
The Copyright Directive should have been implemented in the UK
by 22nd December 2002. However, the deadline was missed and it is
now expected that implementation will take place sometime in spring
2003.
A second change is brought by the Copyright (Visually Impaired
Persons) Act 2002. Organisations currently need a licence to make
accessible copies of copyrighted works in formats such as Braille,
large print and electronic or audio type for visually impaired
people.
Under the new law, single accessible copies may be made for and
distributed to the blind for their personal use without a licence,
if such copies are not commercially available. The Act also
provides that non-profit and educational bodies can make and supply
multiple accessible copies without a licence.
Finally, a third change refers to the use of broadcasts in
public. At present, UK businesses wishing to use a radio or
television in a public place where people have not paid for
admission, do not generally need licences form the owners of
copyright in the broadcast or any films and sound recordings
included in it.
However, in future, broadcasts of music will need a licence from
the Performing Right Society, which represents the owners of music
copyrights.
Details on licensing schemes for businesses can be found
at:
www.cla.co.uk
The Copyright, Designs and Patents Act 1988 can be found
at:
www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm
The Copyright (Visually Impaired Persons) Act 2002 can be found
at:
www.legislation.hmso.gov.uk/acts/acts2002/20020033.htm
The Copyright Directive is available
here.
