Advice on Copyright for Training and Events

Last Updated on Thursday, 10 November 2011 15:53

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COPYRIGHT and TRAINING ACTIVITIES

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Copyright law is extremely complex - and navigating it feels an increasingly hazardous minefield.

Investigations a couple of years ago among training colleagues across dioceses revealed considerable degrees of misunderstanding and over-optimism about what the law allowed.  While trainers in two dioceses had arranged a copying licence of some sort, many assumed that the diocese had in place arrangements similar to those in schools, or described "grey areas" and occasions when they had  "faintly unquiet hearts" .  Many are aware that in an increasingly litigious day and age, some copyright owners are becoming more proactive in hunting down and prosecuting improper use of their content.

These notes will not resolve all questions - but will hopefully offer (a)  some clarifications, and (b)  information on a blanket licence now available to dioceses  for reproducing most printed material for adult education use (including multiple copies / electronic reproduction / VLEs)

1.  In order to make electronic or multiple copies of extracts from books, magazines or journals (e.g. for incorporation into handouts) you must either have the permission of the author / copyright holder to copy each extract you wish to copy , or hold a ‘blanket’ licence that permits a wide range of such materials to be copied. Educational Establishments (HE and FE colleges, theological colleges and schools) hold a licence designed for educational establishments. However individual Churches and Dioceses cannot be covered in this way ( as cannot legally be classed as 'Educational Establishments')  and so need a different category of licence.

Following conversations with the CLA (Copyright Licensing Agency), we have negotiated an adaptation to their 'Adult Education Licence' that enables it to be used for diocesan use.  This information is now available.  Our legal department at Church House Westminster say that as legal responsibility technically lies with DBFs, Diocesan Secretaries must be involved, and discussions with this group has followed.  Licences are issued for each academic year, and details of how to obtain a licence from 1.8.2011 are being sent to dioceses via Diocesan Secretaries and also Directors of Training (or their equivalents). I will be happy to provide more information to anyone else who wants it.

2.  Copying done related to academic courses validated by HEIs is usually covered by their licences, but only when the material is for students formally registered with that HEI.

3.  Many will be aware that CCLI issue licences that cover hymn reproduction.  CCLI also act as 'brokers' so that churches can have a one-stop shop for some of the other licences they may need - depending on their particular activities.  A guide to some different licences available to churches and what they currently cover can be found at http://www.ccli.co.uk/licences/guide.cfm .   (Some may also find it helpful to look at CCLI's explanation of recent changes to the law about use of sound recordings: http://www.ccli.co.uk/copyright/amendment.cfm )

4.  The use of film clips is extremely complicated.  CCLI has produced a useful short table of what can be done with which licence:  see   http://www.ccli.co.uk/licences/churches_showing-films.cfmby (Note that the comment on 'illustrating sermon points' assumes 'during worship' , rather than the fact that it is a clip / educational illustration point.)

Key ingredients of this are two licences:

[A] A license to cover the ‘visuals’ and show the film.

To add to the complications, not all film production companies are covered by the same license, and different licensing bodies exist. issue licenses on behalf of different film producers.   CVL license (available for CCLI) to show the film (without the sound) produced by a wide (but not complete) range of producers - and many will lament the absence of Warner from this list at present (http://www.ccli.co.uk/film%2Dproducers/ ).

[B] A  license to listen to the soundtrack.

This is a PRS license, which is given only to premises.  However at present churches are allowed to use music (and therefore soundtracks) in worship without a PRS license, so some churches that have a license to show video clips may not have a PRS license.

Note:  Unfortunately, despite technological advances that make it possible to copy exact sections needed onto a disc for easier use, ANY RE-RECORDING IS NOT PERMITTED.  The clip must be shown from an original video / DVD, and cannot be burned onto another media for adding into a presentation. You can cue up the start and end time of the section to be used.

5.  This link looks as if it could offer useful handy hints in relation to digital material / pictures etc  http://www.videoarts.com/News/News/104/A-guide-to-navigating-the-digital-copyright-maze

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COPYRIGHT : Further information, and a correction
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Thank you for the questions / thanks /  responses to the information on copyright circulated last week.  The following are comments responding to questions raised, and seem well worth passing on to all of you:

1.  FAIR DEALING

A couple of you have asked what one is allowed to do without copyright licences.

In the UK there is a system called ‘fair dealing’. It allows you to reproduce (copy) limited parts of copyrighted works without breaking the copyright laws.

Fair dealing is particularly relevant for teaching and learning purposes. However, it does not clearly state the amount of original material that can be copied. The best guidelines are those given by the Society of Authors (issued in 1965):

one article from any one issue of a journal (even if that one article is the whole issue)

one chapter or up to 5% (whichever is greater) of a book or similar publication

up to 10% of a short book of up to 200 pages (Library Association guidelines)

one poem or short story of up to 10 pages from an anthology.

You may make a copy for yourself or a single copy for another person. Fair dealing does not cover multiple copying of extracts or articles, which must be done with the permission of the rights-owner.

(The CLA licences are issues on behalf on the rights-owners - and so avoid the need for individual permissions).

2.  LITURGICAL / BIBLICAL MATERIAL

CHP have produced a publication called "Brief Guide to Liturgical Copyright" .  There is probably a hard copy lurking somewhere in your diocesan offices, but is also available as a download at http://www.churchofengland.org/media/41098/litcopy.rtf  .  This publication also includes details and conditions for reproducing Biblical material (and different translations thereof) - when and how much can be reproduced without a licence etc.  This is an issue often relevant to adult educators (and the one that prompted a question).

Issues relating to the reproduction of hymns are probably co-ordinated by other people in your dioceses.  However it was suggested that it would be useful to remind you that in addition to CCLI, Calamus is the licensing company that carries the licence for some other publishers' materials - including some church music currently emerging  from the more 'catholic' stable - http://www.decanimusic.co.uk/acatalog/Calamus.html

3.  SHOWING FILMS (correction of URL included last week)

The information relating to what you can and can't do when showing films - with a link to the  table showing the complex variety of different licences that may be needed - can be found at  http://www.ccli.co.uk/licences/churches_showing-films.cfm