Overview
There is no specific category of multimedia in the Copyright Act. Multimedia is a relatively new term that refers to the combination of material (otherwise available) in digital format.
Film and video are passive forms of multimedia products (linear and not interactive) and are not dealt with in this section
This sections deals with new multimedia products.
A multimedia product is one where:
Examples include CD-Roms, DVDs, and computer games.
The exact form of protection for a multimedia product in the Copyright Act is unclear. The three main categories under which multimedia products may be protected are as a:
(i) Computer program
Where a multimedia product contains computer programs or software that allow:
it may be categorised as a computer program.
(ii) A compilation
A multimedia product that mainly is made up of text, figures and symbols may be categorised as a compilation, a sub category of literary works.
If the compilation made up of artistic images only, it will not be a compilation. However each image and the work would be protected as an artistic work.
If the compilation is made of both text and images, it is likely the images would be protected separately as artistic works.
(iii) Film
If the multimedia product contains any moving images (film or video) it may be categorised as a film. The images must be capable of being shown as a moving picture.
Copying and communicating material from multimedia
In general, copyright in print works, musical artistic works, sound recordings, and film contained in a multimedia product will not be infringed where the copy or communications is done:
See 1.11: Dealing with copyright
The Copyright Act contains a number of free use exceptions and other matters which allow copyright material to be used without the permission of the copyright owner. The free use exceptions relevant for educational institutions are set out below.
The copying of multimedia products or work contained in multimedia products for fair dealing purposes is free and does not require the permission of the copyright owner. The relevant fair dealing exceptions are:
See 1.14: Defences and exceptions to infringement
There are no statutory exceptions that deal specifically with multimedia products.
Multimedia products often incorporate existing works which are separately protected under copyright, for example:
If staff or students are incorporating existing works into the multimedia product for a fair dealing purpose or under the Statutory Print Licence and wish to show or distribute the multimedia product other than for an educational purpose, permission (a licence) must be sought from the relevant copyright owners.
See 1.6: Who owns copyright?
See 5: How to clear rights
This again will depend on which category the product falls into.
The issue of ownership is usually dealt with in the employment and independent contractors agreements.
For educational institutions producing multimedia products with staff and/or students, the institution should obtain a written assignment of all copyright in the material. This will prevent any claims being made at a later stage.
See 1.6: Who owns copyright?
See 1.11: Dealing with copyright - Assignments
(i) Attribution
Educational institutions creating multimedia products or reproducing works from multimedia product, where reasonable, should acknowledge the source material and the author of the material.
Where the educational institution is creating a multimedia product, it should obtain a written moral rights consent from all its contributors including students.
(ii) Altering or adding to existing works
Educational institutions creating multimedia products that comprise of existing copyright material and/or original copyright material should get written consent from all the authors of the material. This is especially so, if you are altering or adding to existing works. If the requisite consent is not obtained, you may infringe the author's rights of integrity of authorship.
One of the exclusive rights provided to owners of literary, musical and dramatic in the Copyright Act is the right to adapt the work. Altering or adding to existing works may infringe the copyright owner's right.
This will require the permission of the copyright owner.
This will require permission of the copyright owner.
