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    • Database right – applies when substantial investment has been made in its compilation. Databases are protected by copyright where selection or arrangement of the content is based on the author’s intellectual creation.

    • Patents for original inventions.

    • Trademarks.

      • 2.3

        Related rights

Among the related rights to copyright three most commonly stand out in the context of multimedia repositories

    • Performers rights – the right of those participating in any production (film, etc) to authorise its performance and broadcast and possibly be rewarded financially.

    • Database right – the protection of a database due to the substantial investment by the creator.

    • Publication right for material in which copyright has expired.

      • 2.4

        Copyright in the higher education sector

The basic rights permitted under the CDPA are,

  • Copying for private study and/or non-commercial research is permitted.

  • Fair dealing for criticism or review provided adequate acknowledgement is given.

  • Fair dealing which allows copying of an insubstantial part and here quality must be taken into account as well as quantity. Although the often quoted 5% or one chapter may not be an insignificant part, a quantitative abstract may give results values could be considered a ‘substantial’ part. Fair dealing is a defence not a right under the Act.

  • Visually impaired persons may have copies made, provided it is for his or her private use.

In addition there are specific provisions that apply to HEIs. These relate to the educational purposes of the establishment as set out in Sections 32, 33, 34, 35 and 36, which allow for material to be used for examination or instruction. Other sections of the Act set out exceptions for private study and non-commercial research. However, these exceptions in the other sections do not apply to sound recordings, broadcasts, films or typographical arrangements.

It should be noted that the qualifying establishments are strictly defined in Statutory Instruments. The provisions that are most applicable in the context of multimedia repositories are:

  • Recording of broadcasts, subject in certain instances to appropriate licences being in place.

  • Performing, playing or showing works in the course of instruction to registered students.

  • Lending copies by educational establishments.

The term ‘Educational purposes’ has not been clearly defined but is generally understood to include instruction, examination and research, as is evidenced by its

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