Office helps academics navigate copyright clampdown

Academics will have to pay particular attention to the the law of copyright when compiling course readers because, as from next year, the University Document Management Services (UDMS) will not reproduce readers without copyright clearance.

Copyright clearance should be obtained through the Publishing Liaison Office, established by the Adamastor Trust to help staff and students of the five tertiary institutions in the Western Cape navigate the thorny legal intricacies of the Copyright Act.

Individuals who are found guilty of contravening the Act could face prosecution in the criminal courts, fines of up to R5 000, and/or imprisonment of up to three years per infringement, according to Project Director of the Publishing Liaison Office, Ms Janetta van der Merwe.

She says a considerable amount of photocopying takes place on South African campuses daily. If this reproduction is done without prior permission from the copyright owner, and does not fall within the legal parameters of "legitimate exemption" it is illegal.

Although the provision of relevant teaching material is an essential facet of the work at UCT, the University is committed to a policy of compliance with the Copyright Act. Staff are requested to consult the Publishing Liaison Office and to bear the Copyright Act in mind when compiling course material.

According to Ms van der Merwe, copyright is the right of an author, artist, composer or other creator of intellectual property to control the use of his or her work by others.

If this right were a total right staff and students would have to seek permission for every copy made. As this is not the case certain exemptions exist under the Copyright Act No. 98 of 1978.

These exemptions allow students and staff members to:

* Make single copies of a reasonable portion of a work without permission, for research purposes; and

* Reproduce a certain number of poems, articles, stories and essays per class per term for teaching purposes. However, staff are not allowed to reproduce extracts from works in course readers without applying for permission. As it can take up to two months to obtain copyright clearance, staff are advised to plan in advance when compiling course readers.

"It is also important to keep in mind that most publishers will give permission for reproduction of only one chapter or 10% from any book, whichever is the lesser, and only one article from any one journal," said Ms Van der Merwe.

Academic departments are advised to budget for copyright levies, in addition to existing charges for course notes. At present the Dramatic, Artistic and Literary Rights Organisation (DALRO), which represents most of the British, American and local publishers, charges a copyright fee of 14c per single-sided page. This will increase to 16c in 1998.

Requests for copyright permission and further information should be directed to the Publishing Liaison Office. The Office can be contacted at the Adamastor Trust on telephone 686 5070, fax 689 7465, or email jwv@grove.uct.ac.za.

Monday Paper Vol 16 No 19 July 21 - 28, 1997.

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