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Using Copyright and Licensed Content: Copyright Basics

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Copyright Basics

INTRODUCTION
 

This Resource pack is not a substitute for advice from particular cases, or situations and users are encouraged to seek help when it does not provide the answer needed. Please note that many resources from electronic content subscribed by IIMB are either governed by copyright law of USA or UK or India. Please go through the links for more information to know more on fair use or fail dealing:  a doctrine which provides an exception, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events.

 

Please refer to the following portals for more information on Fair Use / Fair Dealing of USA, UK & Indian Copyright Laws

United States of America                 United Kingdom                    India

 
Copyright is a limited monopoly extended to the owner of the copyright in a work with the exclusive right to
  • Reproduce the work
  • Modify and prepare derivative and transformative works
  • Distribute the work for sale in any format
  • Authorize or extend some the rights to others. 

Copyright applies to a wide variety of works including, but not limited to: 

  • Literary works
  • Musical works, lyrics, and sound recordings
  • Dramatic works
  • Pantomimes and choreographic works
  • Visual works (photographs, paintings, sculptures, maps, logos, etc.)
  • Multimedia works, movies, and other audio-visual works
  • Software code
  • Architectural works, etc.

These works are protected from the moment they are in a fixed format regardless of whether they contain a copyright notice or copyright has been registered.

Items not protected include, but are not limited to: 

  • Titles, names, slogans
  • Ideas, procedures, methods, principles, concepts, systems
  • Works lacking originality (calendars, tape measures, rulers, etc.)
  • Works created by employees of the  Government in the course of their employment
  • Works comprised entirely of public domain information
FAQ on Indian Copyright Law 1957 Click here
 
The main objective of the copyright guideline is to
  • Comply with the terms and conditions mentioned in the license agreements signed with the providers/publishers for electronic content.
  • To demonstrate IIMB commitment in respecting the copyright laws and upholding academic integrity. 
This guideline is not a substitute for advice from particular cases, or situations and users are encouraged to seek help when it does not provide the answer needed.
 
 
II. Type of content
 
Collection in the library comprises the following
  • Books ( print), book chapters: Textbooks, Research-based 
  • Articles from Journals, magazines, newspapers ( Print & Peer Review ) - 
  • EBooks: Textbooks, Research-based 
  • Database ( Aggregator) – Bibliographic and academic content 
  • Database ( publisher/ content Provider) Non-bibliographic, company / industry information 
  • E-journals ( publishers)
  • Videocassette 
  • Audio cassette
  • Case studies
  • Books with CD- ROM
  • Datasets: Govt. and institutional ( Annual Survey of Industries; NSSO, Consumer panel data)
  • Working papers
  • Conference proceedings
  • Government publications: committee and commission reports, surveys, budget and others
  • Government publications of other countries ( UK, USA, CANADA)
  • Publication from other international organizations, World Bank, ILO, WHO, UN, etc
III. Library signs three types of contracts with online vendors and multimedia content providers.
  • Browse wrap: where the terms and conditions are available on a website, but the website design does not force the user to go through them and indicate their acceptance of those terms.
  • Shrink wrap: A shrink wrap license is an end user agreement (EULA) that is enclosed with software in plastic-wrapped packaging. Once the end user opens the packaging, the EULA is considered to be in effect. There are some concerns about the legality of an agreement that the user cannot examine prior to purchase. This license is usually applicable to multimedia content.
  • Click Through: an agreement made by a computer user through clicking on a particular button onscreen. This is executed in financial databases for all third party content. 
  • Written agreements (digital or paper): An agreement signed either on paper or on digital document between the provider and the library with terms and condition executed by a contract.
Contractual agreements are signed with publishers and providers, and all terms of use are governed by these agreements which include application of Copyright law of US and UK
 
Library negotiates with content providers to include the following rights of use
 
Authorized users for electronic content: Authorized mains an individual who is authorized by the institution to have access to its information services via a secured network and authentication.
  • Students (All Programmes EPGP, EGMP, EEP (long- term) PGP, FPM, PGPPM, PGSEM, PGPEM
  • Faculty (Permanent, Visiting, Adjunct)
  • Research: FPM, Interns, Research Associate/ Research Assistants 
  • Walk in users: Academic interns, Conference/seminar participants, Retired Faculty
Some electronic resources are not open to Walk in users as they require registration with IIMB email ID.
 
a. Access and Authentication 
  • Unlimited simultaneous users by secured authenticable access at http://iimb.remotexs.in/user/login for remote access ( for IIMB community)
  • IP addresses
  • Registration with IIMB email 
  • Registration with public keys/codes
  • Single sign-on ( integration of LDAP active directory)
b. Permitted use of licensed contract:
  • Print & save parts of content 
  • Use parts of content into electronic or part materials for teaching learning and research 
  • Faculty can use of reading lists, handouts, course packs resources as required, for some databases, only links to be posted on Moodle
  • Students can include, extracts of licensed content in their coursework, projects, dissertations & assignments to initiate new argument or to work in a new way
  • Share links to full-text articles with peers on social media or any other communication channel. 
  • Publicly display licensed material as a part of a presentation at a seminar, conference, workshop or similar event.
i) Educational purpose
- For the purpose of education, teaching, distance learning, private study and research.
ii) Commercial: Any use for the purpose of monetary reward by means of sale, resale, transfer or exploitation the licensed contents. Research funded by the commercial organization is deemed as commercial use. 

iii) Parts / reasonable content: Anything that isn’t the whole of the licensed content (database, eBook, ejournal) qualifies as a part. Systematic downloading is prohibited.
 
Not permissible
  • Selling any part of the resource
  • Making any part of resource available off-campus to anyone other than authorized users
  • Altering or adapting any part of the resource
  • Removing or changing copyright notices or acknowledgments. 
  • Making any part of resources publicly available on the internet.
  • Use of the resource for commercial or any other purpose other than educational. 
  • Reverse engineering: Reverse engineering, also called back engineering, is the processes of extracting knowledge or design information from anything man-made and re-producing it or re-producing anything based on the extracted information. The process often involves disassembling something (a mechanical device, electronic component, computer program, or biological, chemical, or organic matter) and analyzing its components and workings in detail. ( Source: Wikipedia accessed on 14th December 2016)
  • Circumventing by altering technology: e.g. removing DRMs and other technology restrictions implemented by provider to restrict access
     
 

Disclaimer

This resource pack has been created to provide general, practical guidance on copyright matters and cannot be relied upon as a comprehensive legal obligation of individuals on copyright nor a substitute for advice for particular cases or situations. Users are encouraged to seek help by sending an email to librarian@iimb.ernet.in

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