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Copyright


What is copyright?

Copyright is a form on intellectual property, it protects an original idea that is expressed.

  • A law.
  • Doesn’t require registration. 
  • Copyright symbol. 

Purpose of Copyright law?

  • Grant authors exclusive economic and moral rights for the works they create.
  • To find a balance between the interests of creators and the publics access to content
  • Promote responsible sharing of information and knowledge.

Requirements in SA?

  • Author/Creator must be resident in SA or a member of the Berne Convention.
  • Work must be in a tangible form.
  • Must be original.
  • Should not be immoral or against public policy.

How do I access copyright content?

  • Determine if permission is required:
  • Public domain content 
  • Open access content
  • Creative commons license
  • Portion of work to be used.
  • Identify the copyright owner
  • Contact the owner to request permission.
  • Get permission in writing and use their content according to the agreement.

Out of print works

  • The copyright owner will grant permission in the form of a transactional licence, which covers the reproduction of a specific number of copies.
  • The cost of a transactional licence depends entirely on the copyright owner and varies considerably.
  • This licence does not cover an unlimited number of reproduction copies.
  • The transactional licence also does not include reproduction at a later stage without reapplication.

The copyright user would need to make an application to the copyright owner for every copy that was going to reproduced.

What is plagiarism?
Plagiarism is the copying/duplication of an existing work belonging to someone else and claiming it as your own.

  • Paraphrasing
  • Direct plagiarism
  • Plagiarism of authorship
  • Self-plagiarism

What is protected under copyright law?

  • Copyright Act 98 of 1978 protects “original” works i.e.
  • Literary works, including books, poems, theses, publications, handbooks and manuals
  • Motion pictures, TV series and dramatic works, including any accompanying music.
  • Pantomimes and choreographic works
  • Computer software and animations
  • Computer software - graphical user interfaces
  • Songs, song lyrics, sound recordings, and music
  • Photographs, graphics, images, pictures
  • Web pages
  • Works of art including paintings, sculptures, architecture, and computer graphics
  • Educational materials including texts and tests
  • Program signals
  • Broadcasts (radio, television, etc.)

Enforcing copyright

  • Interdict – order preventing a person from infringing the copyright
  • Damages
  • Reasonable Royalty in lieu of damages
  • Criminal offence – the import, sale or distribution of a copy that he knows to be an infringing copy.
  • Sanctions of R5000 or 3 years imprisonment for a first offence, R10 000- or 5-years imprisonment for a second offence.
  • The University of the Free State has a duty to comply with copyright laws to avoid any of the above.

eReserves and copyright

  • Only one chapter or 10% of a book may be uploaded on the platform per week.
  • Unlike blackboard, material uploaded on the eReserves platform is available for general public view and therefore it is more important to remain compliant to avoid costs of noncompliance.

 

Important Information


  • Only 10% or 1 Chapter of a book or 1 article may be copied, DALRO does not clear anything beyond the 10%.
  • All applications are submitted online on Nevada, if struggling with accessing the sight kindly contact the Copyright Officer for assistance.
  • A training video on how to submit an application is available on the library’s web page under the copyright tab, however, training is available on request.
  • No printing without authorization will be permitted.
    Submitting applications before closing date at the print room is best.
  • Check if the library does not have access to an article on the Data bases before copying and attaching to a module guide.
  • How to use content that is copyright protected
  • Apply fair use: When making use of copyright protected content it is best to assume the content is copyrighted and use 10% of the content instead of paraphrasing the entire source.
  • When using digital content e-resources, images: Creative Commons provides tools that guides users on how to use and share their works, users should follow the guidelines as (prescribed by the licenses)
  • Understand the penalties of infringement: “The Copyright Act also makes provision for criminal penalties - a fine (a maximum of R5 000 per infringement) and/or imprisonment of up to 3 years for a first conviction. The maximum fine and/or imprisonment penalty for a second conviction is R10 000 and/or 5 years”
  • Any internal disciplinary procedures for copyright infringements? There’s none at the moment, the university could apply disciplinary procedures similar to those in the plagiarism policy.
    Consultation? Academics are welcome to consult or enquire with the copyright office where not sure of copyright

     




Copyright Dos and Donts


Fair dealing

         
More Copyright FAQs Nevada application

How to obtain permission at UFS


In order to assist staff, the University has a Copyright Officer, Xolelwa Xorile. Xolelwa is situated at the UFS Library & Information Services, Sasol Library, Level 6. All requests for copyright permission should be routed through the Copyright Office.

Xolelwa Xorile
Xolelwa Xorile
T: 0514012989

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