New Guidance on Copying for Research
May. 6th, 2008 09:29 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
major_clangerThe Publishers Association and the British Academy have published a joint set of guidelines for copying in academic research. Of particular interest are the sections discussing what 'substantial part' means (s.12) and fair dealing for research (s.14). The guidelines tackle a number of 'old wives' tales' about what you can and cannot do, noting that:
They also provide some helpful examples, some of which I recognise as based on well-known cases. (The one at s.12 on substantiality, for example, is clearly based on Ravenscroft v Herbert and Baigent & Leigh v Random House, aka the Da Vinci Code case - see this post.)
I do have some reservations about the guidelines; they take a very conservative stance on Creative Commons (basically 'this exists but think very hard and take advice before using it') and rather play down concerns about the consequences of DRM on fair dealing. Nonetheless, they represent good advice on current best practice in the field and should be helpful to anyone seeking to quote or review copyright work.
...the judge is unlikely to be impressed by arguments based upon the percentages of reproduction involved, and to want instead to consider such issues as the substantiality of the taking and the extent to which either it is justified by the purpose or it adversely affects the rightsholders market.
They also provide some helpful examples, some of which I recognise as based on well-known cases. (The one at s.12 on substantiality, for example, is clearly based on Ravenscroft v Herbert and Baigent & Leigh v Random House, aka the Da Vinci Code case - see this post.)
I do have some reservations about the guidelines; they take a very conservative stance on Creative Commons (basically 'this exists but think very hard and take advice before using it') and rather play down concerns about the consequences of DRM on fair dealing. Nonetheless, they represent good advice on current best practice in the field and should be helpful to anyone seeking to quote or review copyright work.
