Help:Copyright

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Copyright is very simple and of course very complex or you might not have clicked this link:

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UK authors for Ganfyd should note these copyright exceptions for criticism, review or news reporting in UK law. These exceptions are "limited by the condition that there must be "fair dealing". It is therefore very unlikely that more than a short extract of a work could be used for the purposes of criticism, review or news reporting. Use of more than this will need the permission of the copyright owner. Slightly different conditions apply to criticism and review and news reporting:

  • Fair dealing with a work for the purposes of criticism or review of that or another work must include a sufficient acknowledgement and the work must have been made available to the public.
  • Fair dealing with a work for the purpose of reporting current events also requires sufficient acknowledgment, except where the reporting is by means of a sound recording, film or broadcast no acknowledgement is required where this is impossible for reasons of practicality or otherwise. NB: Photographs are excluded from this news reporting exception."

Images would likewise be excluded on Ganfyd.

Assume any text, image or composition has copyright and do not utilise material on Gandyf where you are unsure of copyright providence. Of course the later is very problematical and its easy to make false assumptions as text may be treated differently to images or music and the abuse of copyright is extremely common. Indeed much of the richness of our civilisation depends upon areas where copyright is infringed but the level of damage is so low to the copyright holder or the copyright holder is so unlikely to notice that no enforcement or damages action ensures.

Contents

Ganfyd & Copyright

Templates to define common copyright terms exist and you should not use on this wiki material that is copyright and infringes the copyright owners fair use provisions which it is up to you to be familiar with. Referencing and acknowledging copyright material does not mean that you may not have infringed copyright. If you take notes of a lecture they are your own original work, but paraphasing a single original work, keeping the original meaning and then publishing this as your own work is almost certainly an infringement of copyright. Extracting the facts from original works and giving your own opinions on their interpretation is what Gandyf is about. See our own license terms at Ganfyd:Copyrights

Simple

  • All original work when it is created has copyright assigned to the creator
  • The creator may then assign the copyright or specify conditions on the use of that work
  • Anyone who infringes this copyright does at their risk in any situation where the owner of the copyright suffers loss as a result
  • And relevent to Ganfyd- any material found in printed, digital or image form will have copyright
  • English copyright law applies to anything published on Ganfyd, but any thing with prior copyright will have copyright assigned by the state it was originally published in.

Complex

The history of copyright extends back to the roots of our civilisation. This is well covered for English law in A history of copyright by UK Intellectual Property. The information on [ http://www.intellectual-property.gov.uk this website] covers the intellectual property rights which relate to original work published by Gandyf by British authors. The enforcement of copyright is covered by different laws and the Berne convention on copyright applies effectively for 162 countries. Much on copyright will apply to a particular nation state and this will cause both confusion and the potential for in ignorance to infringe copyright that applies in one nation state and not that of the state where the copy was created. A significant example is that copyright under the Berne Convention must be automatic. In the case of the USA (but not other states !) this is got around by only allowing statutory damages if the copyright is formally registered. Before the Berne convention this was of no consequence, now it definitely can be. Much of the information on copyright on the web in English for example applies to the United States which because of certain features of its historic copyright law did not actually ratify the Berne Convention until 1989. English copyright law is increasingly being harmonised to EU law, which in practice creates very few problems, apart from the likihood that the details are more strict than the minimal standards of the Berne Convention. Apart from the general principles above a few more general principles tend to apply

  • The substance of a work is the main issue. In English law this could be paraphased to be any part without which the work would be without meaning. In other words if you copy sufficient of the work that is sufficient to have original meaning you may have infringed copyright.
  • Fair use. The best rule in the UK is that you can quote facts but not opinion without infringing copyright. Fair use interpretation will vary. The Crown copyright terms allow an acknowledged extract of up to 250 words of text, but this is far more than than what would usually infringe copyright. The usual UK fair dealing rules apply to private, non commercial use and it would be safest for Ganfyd authors to adhere to the rules for UK copyright exceptions for criticism, review or news reporting
  • Economic damage as a result of infringing copyright is usually where any publisher will run into problems.
  • Moral rights are quite different from copyright and may not in some countries always be considered as part of copyright law. This area of copyright law is particularly likely to be different between EU states and the USA. This is guidance on UK moral rights].

External links

  1. Intellectual property sponsored by The UK Patent Office
Flag of the United Kingdom.png This image, or parts of this text are subject to Crown Copyright. Information subject to Crown Copyright may be re-used if OPSI guidelines are followed.

Material subject to Crown Copyright may not be released under the GFDL or the Ganfyd licence.

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