Monday 3 March 2014

Copyright and Fair Dealing

Copyright is essential to how our society runs, without it no one would receive credit or acclamation for their hard graft as it could simply be taken and publicised by anyone and everyone.

Fortunately there is protection out there for the creative types in the form of Copyright law, primarily in the Copyright, Designs and Patents Act 1988. This is a law which controls who can use or copy your work that has been achieved by artistic or intellectual endeavour.

It is essential for journalists to understand the laws surrounding copyright as this effects what you can include in your publication, and it also protects your own journalistic articles as well.

Copyright does not protect ideas it only protects the form in which those ideas are executed. There is also no copyright in facts, news or information. This allows for news organisations to “lift stories” which have been broken by other publications. However there may be infringements in lifting phrases or quotes from the original report (this shouldn’t be your only concern if you plan to lift other people’s quotes – you should be primarily concerned with whether they are true).

Copyright of a literary, musical, dramatic or artistic work lasts for the lifetime of the author and then another 70 years after the date of their death.

A beautiful tool for journalists that gives a little bit of freedom when it comes to copyright is “fair dealing”. When reporting current events, fair dealing allows publications to use otherwise copyright protected work. Now this doesn’t mean you can be cheeky and take advantage, you still have to be respectful. You should not take “unfair commercial advantage of the copyright owner by excessive publication of the copied work”. You must also allow for sufficient acknowledgement by either naming its author or creator, or cite the works title, or include at least an identifying description of it. This is almost a weekly battle on WINOL as journalists debate what can be used, or how much of something can be used, whilst still being protected by “fair dealing”. Basically as long as you don’t exploit someone else’s work for your own gain, then you’re good. 
A WINOL example of this is my story on the energy price hike:


You are also protected by “fair dealing” if you are using the work for the purpose of criticism of review. To be covered the work must have already been made available to the public with the consent of the owner, so it doesn’t count if it has been somehow leaked. 
A perfect WINOL example of this instance of “fair dealing” would be Harry Parkhill’s film reviews:


You are also exempt from the rules of copyright if it is for the purpose of parody. An example of this is “Dumb Starbucks” which used the Starbucks logo and store design for the purpose of parody.
Dumb Starbucks - The Independent       


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