HMC POLICY OP 4052: FAIR DEALING FOR COPYING OF COPYRIGHTED WORKS FOR EDUCATION OR RESEARCH PURPOSES
TITLE: FAIR DEALING FOR COPYING OF COPYRIGHTED WORKS FOR EDUCATION AND RESEARCH PURPOSES
ORIGINAL DATE: November 2017 VERSION 1.0
IDENTIFICATION NUMBER: OP 4052
LAST REVISION DATE: July 2018 NEXT REVIEW DATE: July 2021
HOSPITAL(S) ALL HMC HOSPITALS / ENTITIES
1.0 POLICY STATEMENT AND PURPOSE:
1.1 The Fair Dealing policy outlines the copying of copyright-protected works that can be made in print and/or electronic form by the staff of Hamad Medical Corporation. It pertains to the use of materials for the purpose of education or research, without seeking permission of the copyright owner.
1.2 To qualify for fair dealing, two tests must be passed:
1.2.1 The dealing must be for the purpose of research, private study, criticism, review, news reporting and education.
1.2.2 The dealing must be “fair.”
2.0 DEFINITIONS:
2.1 Academic Institution - An organization dedicated to education and research is known as an academic institution. Academic institutions usually grant academic degrees.
2.2 Academic Health System– A partnership between leading universities and healthcare providers. Hamad Medical Corporation is part of an accredited academic health system.
2.3 Fair dealing – A limitation and exception to the exclusive right, granted by copyright law, to the
author of a creative work. The following factors are used to determine whether a dealing is fair:
2.3.1 The purpose of proposed copying.
2.3.2 The number of copies.
2.3.3 The amount or proportion of work.
2.3.4 The effect of copying - whether the copy will compete with the commercial market of the
original work.
2.4 Short excerpt – An extract which is 10% or less of a work, or no more than:
2.4.1 One chapter from a book.
2.4.2 A single article from a periodical.
2.4.3 An entire artistic work (including a painting, print, photograph, diagram, map, chart and plan)
from a work containing other artistic works.
2.4.4 An entire newspaper article or page.
2.5 Copyright- The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (such as a literary, musical, or artistic work).
2.6 License agreement - A licensing agreement refers to a written agreement entered into by the contractual owner of a property or activity giving permission to another to use that property or engage in an activity in relation to that property.
3.0 PROCEDURE/PROCESS:
3.1 Educators may reproduce short excerpts from a copyright-protected work for the purpose of study or research without paying a royalty/fee to the author.
3.2 Copying must mention the source and name of author of work, if given in the source, in the following circumstances:
3.2.1 News reporting.
3.2.2 Review.
3.2.3 Criticism.
3.3 A copy of the excerpt may be provided to each student enrolled in the course.
3.4 Where the academic institution has entered into a license agreement with publishers:
3.4.1 Any copying or distribution restrictions contained in the license will take precedence over the Fair Dealing policy.
3.5 Permission:
3.5.1 If copying is outside the Fair Dealing policy, permission of the holder of copying must be secured.
3.6 Works available on the Internet:
3.6.1 The institution, or person under its authority, must mention the source using the Universal Resource Locator (URL).
4.0 DOCUMENTATION: Not applicable.
5.0 REFERENCES:
5.1 Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights, Qatar
6.0 TRACKING HISTORY OF CHANGES: REVISION DATE: CHANGES:
New Developed Policy SUBJECT MATTER EXPERT CONTRIBUTORS:
None
7.0 ATTACHMENTS: Not applicable.
