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Copyright

What is copyright?

Copyright is one of the Intellectual Property Rights, and protects the rights of the creators of original work to be associated with and profit from that work. These rights are defined in the Copyrights, Designs and Patents Act 1988 and subsequent Startory Instruments. All original work is automatically protected, and need not be registered. The absence of a copyright symbol or statement claiming copyright does not mean that copyright does not apply.

What is protected by copyright?

Copyright subsists in:

  • Original literary, dramatic, musical or artistic works (including photographs and graphic works).
  • Sound recordings, films, broadcasts and webcasts.
  • The typographical arrangement of published editions.

Works in electronic format are also protected, and include:

  • Databases
  • Tables or compilations
  • Computer programs
  • Preparatory design material for a computer program

How long does copyright last?

  • Literary, dramatic, musical and artistic works: the lifetime of the author plus 70 years from the end of the year in which the author dies.
  • Computer-generated works: 50 years from the date of creation of the work. A work is deemed to be computer-generated where there is no human author.
  • Sound recordings: 50 years from the end of the year in which it was made or published.
  • Broadcasts: 50 years from the end of the year of broadcast.
  • Typographical arrangement of published editions: 25 years from the year of first publication.

When can I copy or re-use a work?

You may be able to legally use the whole or a substantial part of a work if:

  • You are rightsholder (note: if you created the work as part of your employment elsewhere, the former employer is likely to be the rightsholder unless you have written agreement to the contrary).
  • You have written permission from the rightsholder.
  • Copyright has expired and so the work is said to be in the public domain.
  • Copying or re-use is permitted under the terms of a current copyright licence held by your School or Unit, or by the University.
  • Educational Exceptions would apply.
  • Your use would be considered to be Fair Dealing.
  • Copying is by or for a Visually Impaired Person and is within the terms of the Copyright (Visually Impaired Persons) Act 2002.

What is copyright infringement?

Any use of a work for which you do not hold the rights, and where the above do not apply, may be copyright infringement and you should obtain permission from the rightsholder.

Infringing activities may include photcopying, scanning, copying to a computer or electronic storage device, publishing, broadcasting and performing. Unauthorised adaptations of literary, musical or dramatic works would also be an infringement.

Copyright also assigns certain moral rights to the author. Plaigiarism, or passing off the work of somebody else as your own, infringes the moral right of the author to be recognised as such. Derogatory treatment of a work infringes another moral right, as does the publishing of photographs or films that the person who commissioned the work wished to remain private.

Copyright Contacts

Please note that information on these pages is intended as general advice for staff and students of the Univeristy of St Andrews, and should not be interpreted as legal advice or relied upon as such. Copyright can be a complex issue and, if in doubt, you should get in touch with the University's copyright contacts.

For general advice on copyright issues please contact the University's Copyright Officer: copyright@st-andrews.ac.uk.

Please direct any questions regarding copyright concerns relating to your electronic thesis to: Digital-Repository@st-andrews.ac.uk.

Useful external resources