Legislation Case law Abbreviations 1. Introduction 1.1 Copyright compliance is both a legal and an ethical issue 1.2 Policing acts of copying 1.3 Why is there so much legal uncertainty? 4 Terminology used in the Database Regulations 2. Copyright basics 2.1 What is copyright? 2.2 What does copyright protect? 2.
3 Requirements for copyright 2.4 Who is the owner of copyright? 2.5 How long does copyright last? 2.6 Copyright exceptions PART 1: COPYRIGHT INFRINGEMENT AND WHAT HAPPENS WHEN THINGS GO WRONG 3. What constitutes infringement, and what are its consequences? 3.1 What constitutes infringement? 3.2 Primary infringement 3.3 Secondary infringement 3.
4 What are the consequences of copyright infringement? 3.5 Civil proceedings 3.6 Criminal offences 3.7 Remedies 3.71 Reputation managment 3.8 Moral rights 3.9 Cease and desist letters 4. What are low, medium and high risk activities, and how can you minimize the risks? 4.
1 Risk management 4.2 How can your business reduce the risk of infringement? 5. Some copyright legal cases and what we can learn from them 6. Enforcement of intellectual property rights 6. 1 Legislation 6. 2 Trading standards 6. 3 Evidence required in criminal cases 6. 4 The role of internet service providers in tackling file sharing 6.
5 Gowers Review recommendations on enforcement 6. 6 National IP Crime Strategy 7. Dispute resolution 7. 1 Court 7. 2 Copyright Tribunal 7. 3 Alternative dispute resolution 7. 4 Arbitration 7. 5 Mediation 7.
5.1 UK IPO mediation service 7.6 Jurisdiction PART 2 HOW TO STAY WITHIN COPYRIGHT LAW 8 How to ensure that your copying is properly authorized 8.1 Is your copying authorized? 8.1.1 Statute 8.1.2 Permission 8.
1.3 Contract 8.1.4 Licence 8.2 Can I copy? 8.3 Fair use and the PNAM tests 8.4 Copyright declaration forms 8.5 Creative Commons 8.
6 Public domain 8.7 Keeping within the terms of licence agreements 9. The copyright clearance process 9. 1 Pre-clearance issues and preparation 9. 2 Clearing the required rights 9. 3 Tracing copyright holders 9.3.1 Tracing the rightsowner for American content 9.
3.2 Orphan works 9.3.3 Copyright Clearance Center 9.3.4 HERON 9. 4 Sample forms 10. Practical steps you can take to stay within copyright law 10.
1 Copyright posters and notices 10.2 Staff training and awareness 10.3 Organizational documentation 10.4 Checklist of key things for keeping legal with copyright 11. The copyright implications of freedom of information and the re-use of public sector information 11.1 Freedom of information 11.2 Environmental Information Regulations (EIR) 11.3 Re-use of public sector information and copyright 12.
Developing a copyright policy 12.1 Creating a policy 12.2 Communicating the policy 12.3 Enforcing the policy Appendix. Sample clauses for inclusion in a copyright policy Further information.