2. Working with copyright NB This chapter is intended as a basic introduction to copyright in relation to digitising audio and obtaining permissions and rights clearances. The author, editor, and PADS are not to be held liable for any use of these guidelines. Any further or more detailed queries should be made to the proper copyright authority or rights body, and/or to a specialist copyright or IP lawyer. © Pauline Donachy 2000 2.1. Introduction You may be wondering why this is one of the first chapters in a guide to digitising audio. The main reason is that copyright impinges on many aspects of digital resource creation. Gaining permission for copyright can be time consuming and costly, and so should be included early in the planning stages of a project. This chapter presents a general introduction to some of the practical implications of copyright in relation to digitising audio. The sections below give advice on what the law says, how to identify copyright in a work, and how to go about obtaining copyright permissions and clearances for the sound that you digitise. It should be emphasised initially that there are no international copyright laws. Each country has an individual approach to intellectual property. There are, however, international conventions and treaties - the Universal Copyright Convention (UCC) and the Berne convention - that promote reciprocity between countries and a general standard of protection. This does not mean, however, that the law in every county is the same, and in some the level of protection and support for maintaining copyright is so low that they are excluded from such treaties. This chapter aims therefore to outline copyright laws mainly with reference to the UK Copyright, Designs and Patents Act 1988. European and American laws may be mentioned in relation to this, but it is best to refer to these laws individually for a fuller account of the terms and conditions therein. If in doubt about any copyright matters it is always recommended that you seek help from an Intellectual Property or Copyright lawyer. 2.2. Copyright in practice When digitising audio you may be:
making original recordings
using existing recordings
storing or archiving these in a database
using them for CDs, websites and/or making them available to the public (i.e. to more than just yourself)
using audio for private research or study In the above cases, except for private research or study (see section 2.3.5 on 'Fair Dealing'), it will probably be necessary for you to gain the permission of the owner of copyright in the work before you can use the audio material. 'Why bother?' is often a common question asked in relation to copyright. Apart from the fact that using someone else's material without their permission is illegal, there are ethical reasons why it should be adhered to: On the one hand, it could be your intellectual property that someone else uses without your permission - and having spent time and effort to create it you should, at the very least, be asked permission for its use.
In addition, especially concerning audio, there can be serious repercussions; as copyright is one of the mainstays of the music industry, large sums of money can be involved.
Furthermore, using material without asking permission or giving acknowledgement and recompense means that there is less incentive for the owners to continue to create, and use of the work becomes more expensive. This last point is very significant. It is like a chain reaction. If no recompense is given to the creators, there is less incentive to be creative; therefore less work will be produced, and the work will be more expensive. This means there is less incentive to obtain the rights, and in turn less income and incentive for the creators, and so on. In order to stop this chain reaction, to keep prices for obtaining copyright low, and to encourage authors to create, the 'right to copy' needs to be obtained. Top of Page
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