LIBRARIES

Copyright protection covers original unpublished and published works that are in fixed or tangible format and which include the following:-

• Literary Works
• Artistic Works
• Cinematograph Films
• Broadcasts
• Programme-carrying Signals
• Sound Recordings
• Published Editions
• Computer Programs

Some works, including the following, are not eligible for copyright protection:

• Short phrases
• Single words
• Works not in a tangible format (for example, ideas)
• Names and titles
• Commonly-known facts that are not the subject of original authorship

Any person who creates a work in tangible format is regarded as the copyright holder. However the employer (e.g. UL) is the copyright owner if the employee (e.g. yourself) creates the work in the course of employment.

Literary, musical or artistic works are copyrighted for the author’s lifetime and fifty years from the end of the year in which the author dies or fifty years after the death of last surviving author in case of works of multiple authorship after which time the work enters public domain. Duration of copyright on other categories differ as per the ACT.

Original works are automatically copyrighted as soon as they are expressed (written, recorded, etc.) in tangible format. No other formalities are expected from the creator. It is however better to include the copyright symbol © or the word Copyright, the year of the first publication and the name of the copyright holder on the original work and contact information for those who may need your permission to reproduce the work.

The Copyright Act no. 98 of 1978 governs copyright in South Africa.

Copyright law exists to encourage people to be creative and be rewarded for their creative work. Illegal reproduction of copyrighted works deprives copyright owners of their lawful income. People may be discouraged, resulting in a lack of creativity and a negative impact on the economy and national development, including education.

The copyright owner can take legal steps if any one of their exclusive rights is violated. As the violator, you may be liable for damages, and an interdict may be applied to prevent further violations. Courts of law may impose penalties. First offenders may be fined a maximum amount of R5000 and/or three-year imprisonment; in others, the fine may not exceed R10000 and/or five-year imprisonment for each article to which the offence relates.

Whenever you read, listen to music, listen to a speech etc., you are using copyrighted work legitimately. As soon as you consider copying, distributing, and adapting these materials, you must get permission from the copyright owner.

• Research or Personal or Private Use Purposes

Section 12 (1) of the Act allows for the reproduction of a single copy of a reasonable portion of a copyrighted work under the fair dealing doctrine for the specific purpose of research or private study by, or the personal or private use of the person using the work and the user may not distribute or be make it available to others.

The Act also allows you to reproduce copyright work within the fair dealing principle for purposes of critical review or to report current events in a newspaper, magazine, journal, periodical film or broadcast.

The source and the author of the work must always be acknowledged with regard to usage under b) and c). However, the Act does not specify the extent of such copying. Always satisfy yourself that the amount copied does not prejudice the copyright owner in any way, with the understanding that the onus rests on you to prove to the court that you had been fair in your copying.

• Teaching Purposes

Section 12(4) of the Act allows for the use of copyrighted materials in class for teaching purposes. “the copyright in a literary or musical work shall not be infringed by using such work, to the extent justified by the purpose by way of illustration in any publication, broadcast or sound or visual record for teaching: provided that such use shall be compatible with fair practice and that the source shall be mentioned as well as the name of the author if it appears on the work.”

It should be noted that copyrighted materials are used for illustrative purposes, and there is a limitation in that these materials cannot be shared online.

Multiple copies for classroom use

According to Regulation 2, the reproduction of a work in terms of section 13 of the Act shall be permitted if “the cumulative effect of the reproduction does not conflict with the normal exploitation of the work to the unreasonable prejudice of the legal interest and residuary rights of the author.

“Cumulative effect” is defined as:

“not more than one short poem, article, story or essay or two excerpts copied from the same author or more than three short poems, articles, stories or essays from the same collective work or periodical volume” and “not more than 9 instances of such multiple copying for one course of instruction to a particular class during any one term”.

Regulation 7 allows for multiple copying (a maximum of one copy per student per course) for classroom use and discussion with the restrictions that not more than one short poem, article, story or essay or two excerpts copied from the same author or more than three short poems, articles, stories or essays from the same collective work or periodical volume for the purpose of instructing a particular class during any one term – provided that not more than nine instances of such multiple copying take place for one course of instruction to a particular class during any one term.

Access to the material must be limited to students in the class.

A lecturer may make one copy from work for purposes of research, teaching, and preparation for teaching in a class.

Prohibitions

Copying for the following purposes is not allowed.

1. Copies may not be used to create, replace, or substitute anthologies,
   compilations, or collective works.

1. No copies may be made from works intended to be ephemeral such as

workbooks, exercises, standardised tests and test booklets and answer sheets.

• Copying may not be used to substitute for buying books, publisher’s reprints and periodicals.
• Copying may not be repeated in respect of the same material by the same teacher every term.
• Copying may not be used to generate income and charge students more than photocopying costs.

Permission to reproduce copyrighted works can be obtained from DALRO. DALRO is a reproduction rights organisation in South Africa that acts on behalf of publishers and licensees and administers reprographic reproduction rights in works published in South Africa, England, America, Australia, New Zealand, Canada, Ireland, France, Denmark, Norway, Germany and Switzerland.
For more information on DALRO, click here

The University of Limpopo has a Blanket Licence Agreement with DALRO. The Licence gives the UL the right to

• Make copies of licensed material in respect of courses of study
• compile course packs for distribution to and use by students and staff
• generate electronic copies for access by students enrolled in the course

• When placing copies on short loan in the library (reserve collection).
• When distributing copies on an electronic storage device (e.g. CD-ROM) for distance learners.

The Licence stipulates limits/conditions to copying from licenced material for a particular course of study, and these are as follows:

• A complete chapter from a book
• In the case of an article in a serial publication (or in a set of conference proceedings), the complete article
• In the case of a short story or poem in a collection or anthology of short stories or poetry, the complete short story or the complete poem
• In the case of a published report of judicial proceedings, the entire report.
• The number of copies should not exceed the number needed or the number of students in the class, and the instructor
• Should you have a valid reason to copy in excess of the limits, you may apply for a transactional licence

• Copies may not be sold for profit but only to cover photocopy costs
• Cumulative copying of the same material for any module, course or programme in any year which would result in exceeding the above-mentioned limits is not permissible.
• Making multiple copies for other staff members. Each individual must make their own copies within the legal limits.

• Scanning, adapting  and converting information into different formats without prior permission

• Placing copyright works onto a webpage without prior permission.
• Reproducing sheet music, videos, tapes, CDs, DVDs, films, sound recordings, etc. without prior permission
• Always display the following notice on the first page or separate covering:

“This material has been copied under licence and is not for resale.”

Licence Exclusions
Permission has to be obtained from the copyright owner before copying the following as they are not covered by the Licence agreement.
Printed music, illustrations, photographs, maps, charts (if not part of the text), texts of examination papers, unpublished works, house journals and other free publications primarily for employees of commercial businesses, works in which copyright no longer exists, work in which copyright owner is the Licensee,  published works containing a notice that expressly prohibits copying under a license like that of DALRO and publications by certain publishers including Bible Society South Africa, Brenthurst Press (Pty) Limited and Zachen Publishers (Pty) Limited all of South Africa.
These exclusions can change, and DALRO may have to amend the list occasionally if retroactive effects are not experienced.

Yes.

Making an electronic copy (by scanning, digitising, etc.) of copyrighted work amounts to reproduction and is thus subject to copyright law. You are not allowed to scan and then make multiple copies of the scanned copy for distribution.

You may be able to obtain permission from DALRO or the copyright owner or publisher to photocopy only a portion of the text whilst you are waiting for the book to arrive.

Internet users in the UL need to be aware of their rights and responsibilities regarding Internet copyright and fair dealing doctrine. Every material on the Internet and the World Wide Web (including drawings, diagrams and photographs) is copyrighted just as printed sources are. As a signatory to the Berne Convention for the Protection of Literacy and Artistic Works, South African legislation applies to Internet activities.
Internet resources should be used within the fair dealing principle for individual use. Permission to downloading or upload is required to avoid copyright infringement.  When copying

• Always assume that the website is copyrighted unless stated otherwise. The guiding principle should always be “the fixed tangible medium of expression”.
• Look for the copyright notice, which is normally on the home page
• If there is no copyright notice, it does not mean that it can be freely copied. Search for the copyright owner for clarification to obtain permission.
• Some websites give explicit permission for the material to be copied for certain purposes (e.g. personal, educational, and non-commercial use). You should always check the website for any such statements.

Copyright and Electronic Resources?

The Licence offers the University to copy within the limits as mentioned and thus no need for upfront clearance for each instance of copying. The university is obligated to record and report on the number of copies made for course packs, library short-loans (reserve shelf) and transient electronic copies. This is to enable DALRO to distribute fees collected to copyright owners. Any academic or supporting staff member who wishes to provide students with course packs (study guides) which include copyrighted materials (chapters from books or articles from journals) should obtain permission from copyright owners or DALRO before duplicating or including any copyrighted material as part of the course packs.

Reporting is done when:

• Placing copyrighted materials at the Library short-loans, staff must complete a form entitled “REPROGRAPHIC REPRODUCTION REPORT ON COPIES MADE UNDER DALRO LICENCE FROM A BOOK OR SERIAL PUBLICATION (JOURNAL /PERIODICAL/ MAGAZINE)”, which is available at the Library short-loans section.
• Making copies at the printing section, staff must also complete the form, which is obtainable at the copyright assistant office (New R-block, office no 1003).
• The forms are also available electronically on the library web page.
• The forms must then be sent to DALRO on a semester basis.
• Copyright policy can be accessed on the University of Limpopo intranet.

Dalro Reporting Form

For all your queries regarding copyright please contact:

Ms. LM Ramaphoko located at the Library, first floor office number 1009 or at Morogoa.ramaphoko@ul.ac.za or 015 268 2468 and

Ms. MA Shoroma located at the Library, first floor office number 1044E or at Abigail.shoroma@ul.ac.za or 015 268 2321.