Case studies Material: Archive of textile designs (Leeds University)
Purpose: to make available the collections to the widest possible public and educational audience. Issues:
Original drawings that show the pattern to be applied to a textile are protected by copyright as artistic works – current duration 70 years.
Age of the design drawings is important in considering duration of copyright protection i.e. those still in copyright at 31 December 1995 may be subject to extended or revived copyright
Ownership of the copyright in the design drawings – unless the International Textile Archive owns the copyright, making photographs may infringe copyright protection.
Whether or not the Archive owns the copyright it should consider if it wishes to control the use of the material in its care.
While copyright protection of the original design subsists it is an infringement for those in signatories to the international conventions to produce a textile with the same surface decoration.
Where new images are created, new copyright will be created in the images and displaying the terms and conditions of their use would encourage all visitors to the virtual display to respect them.
Lectures may contain more than one set of rights, for example, copyright protection as a literary work, moral rights to be identified as the author and performing rights of the lecturer in the delivery.
This section considers lectures that have been recorded and to be held in a repository which may be accessed by students or the general public within and without the educational establishment. So doing enables students and others to ‘attend’ or listen again to the lecture at a time convenient to them.
It is assumed that the lecturer prepares and delivers the lecture as part of their normal duties. Hence the copyright in the lecture belongs to the employing institution under the CDPA 1988. In practice, the institution must follow its own policy on such matters: some institutions may grant moral rights, copyright and performing rights to the lecturer. For public lectures agreements that are acceptable to the lecturer and the institution will be required.
3.4.2 Lecture content
While the lecture itself will be a copyrightable as a literary work it may also contain copyright material from third parties. So the lecturer must take care in preparation and selection of materials that may be included. Advice on use of materials (Cornish, 2005) that may be included in lectures highlights options for third party material:
Use out of copyright or public domain material and research output funded
by public bodies