Author: Erica Levi

Can I create an audio recording from a book?

27 January 2022 / Erica Levi

Creating audio from books is considered an adaptation; therefore, you would require permission unless you have a strong case that your use falls under fair dealing or one of the exceptions to copyright law.

For example, if students were to read a portion of a book for the final assessment on a voice or acting module, the recording would be limited to the exam and for marking with the sole purpose of graduating. It would be fair dealing—the initial recital and recording fall under the exception of Illustration for instruction (S.32).

Let’s stretch it a bit. Let’s say the lecturer would like students to read portions of various books that first years have to read and make available to freshers as audiobooks. The purpose here changes from just examination purposes; the tutor will make the recording available for future students to listen to so that future students can be inspired by listening to recent graduates read.

Performance of a work falls under the exception to copyright law – an audiobook is a performance that falls under the exception of Public reading and performance (s.59) therefore since the recording will be available to students for free, and the recording will be from different books (versus the entire content of a single book) there would not be any commercial gain. The recording will need to be accompanied by a sufficient acknowledgement. The portion read should come from different books or, even better, from outside of the copyrighted text.

However, if the students were to recite different portions of the same book, which are then going to be stuck together to comprise the entire content of the book, whilst the assessment activity would still be acceptable, the final compiled product for the first years falls out of the fair dealing requirement of s.32 and the conditions of s.59 relating to “a reasonable extract”.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Can I create an audio recording from a book?

27 January 2022 / Erica Levi

For example, if students were to read a portion of a book for the final assessment on a voice or acting module, the recording would be limited to the exam and for marking with the sole purpose of graduating, then it would be fair dealing. The initial recital and recording fall under the exception of Illustration for instruction (S.32).

Performance of a work falls under the exception to copyright law – an audiobook is a performance that falls under the exception of Public reading and performance (s.59) therefore since the recording will be available to students for free, and the recording will be from different books (versus the entire content of a single book) there would not be any commercial gain. Portion read should come from different books accompanied by a sufficient acknowledgement or, even better, from out of copyright text. The recording could even be published more widely via a platform like those on Open Culture, provided those participating students have consented in writing.

However, if the students were to recite different portions of the same book, which are then going to be stuck together to comprise the entire content of the book, whilst the assessment activity would still be acceptable, the final compiled product for the first years falls out of the fair dealing requirement of s.32 and the conditions of s.59 relating to “a reasonable extract”.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

What are the copyright exceptions in UK law?

25 January 2022 / Erica Levi

Exceptions are also known as ‘permitted acts’. Reusing a copyrighted work under an exception does not require permission from the copyright owner. All exceptions listed below come from the current UK copyright legislation (Copyright, Designs and Patents Act 1988) and are applicable in its jurisdiction.

Exception		Section 29: Research and private study
Category		Research/Education
Summary		You can make a single copy of a fair dealing amount for non-commercial research or private study
Commercial use allowed?		No
Contractual override allowed?		No
Fair dealing?		Yes
Potential application		Photocopying a chapter of a book to research a topic for an essay

Exception		Section 29A: Copies for text and data analysis for non-commercial research
Category		Research/Education
Summary		You can copy works for text and data mining providing you have lawful access
Commercial use allowed?		No
Contractual override allowed?		No
Fair dealing?		No
Potential application		Extracting articles from a database to carry out a linguistic frequency analysis

Exception		Section 30: Criticism, review, quotation and news reporting
Category		Research/Education
Summary		You can copy part of a work for these purposes The quotation element was introduced in 2014 and covers quoting for any purpose. It does not cover unpublished works
Commercial use allowed?		Yes
Contractual override allowed?		No
Fair dealing?		Yes
Potential application		Criticism: using low-resolution versions of artworks in a thesis to discuss an academic theme Review: using sentences from a newly published book to review it Quotation: using a line of poetry as a decorative backdrop for a poetry event

Exception		Section 30A: Caricature, parody or pastiche
Category		Research/Education
Summary		You can copy part of a work for this purpose It does not cover unpublished works This exception was introduced in 2014
Commercial use allowed?		Yes
Contractual override allowed?		No
Fair dealing?		Yes
Potential application		Using a few lines from a song to create a parody sketch, or using small amounts of a film to create a larger pastiche work

Exception		Section 31: Incidental inclusion of copyright material
Category		Performance
Summary		Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film or broadcast. Nor is it infringed by the issue to the public of copies, the playing or showing of the work. Audio (such as musical work, words spoken or sung with music, or a sound recording or broadcast) is excluded from this exception if it is deliberately included.
Commercial use allowed?		Yes
Contractual override allowed?		N/A
Fair dealing?		Yes
Potential application		Showing in passing copyrighted material that is in the background while filming

Exception		Sections 31A and 31B: Accessible copies for disabled users
Category		Disability
Summary		Individuals and institutions can make an accessible copy of the whole or part of a work for users with any disability
Commercial use allowed?		No
Contractual override allowed?		No
Fair dealing?		No
Potential application		Making a large print copy of a book for a visually impaired person, so long as the person has lawful access to the original work

Exception		Section 32: Illustration for instruction
Category		Teaching
Summary		You can copy part of a work to illustrate a teaching point It is not limited to teaching within an educational establishment
Commercial use allowed?		No
Contractual override allowed?		No
Fair dealing?		Yes
Potential application		Including a short snippet of a video in a presentation, if the snippet is integral to the teaching point that you’re making

Exception		Section 34: Performing, playing or showing work in course of activities of an educational establishment
Category		Teaching
Summary		You can perform, play or show a work for purposes of instruction at an educational establishment Members of the public cannot be admitted
Commercial use allowed?		No
Contractual override allowed?		Unclear
Fair dealing?		No
Potential application		Playing a DVD of an entire film in a class where the film is related to the teaching

Exception		Section 35: Recording of broadcasts
Category		Teaching
Summary		You can record free-to-air broadcasts on behalf of educational establishments for non-commercial purposes However, the ERA Licence takes precedence over this exception
Commercial use allowed?		No
Contractual override allowed?		Yes
Fair dealing?		No
Potential application		Making a recording of a television show and playing that recording in class or making it available on a secure Virtual Learning Environment

Exception		Section 42: Copying by librarians, etc., replacement copies of works
Category		Preservation
Summary		Changing the media of some material to ensure its preservation, like converting analogue recordings into digital, providing that it is not practical to purchase the item (for example a special collection item)
Commercial use allowed?		No
Contractual override allowed?		Yes
Potential application		Changing the media of some material to ensure its preservation, like converting analogue recordings into digital, providing that it is not practical to purchase the item (for example, a special collection item)

Exception		Section 59: Public reading and performance
Category		Teaching
Summary		You can perform a published literary or dramatic a work
Commercial use allowed?		No
Contractual override allowed?		No
Fair dealing?		Yes
Potential application		Creating audio recording or acting

Exception		Section 62: Representation of certain artistic works on public display
Category		Performance
Summary		The copyright in such a work is not infringed by making a graphic work representing it, making a photograph or film of it, or making a broadcast of a visual image of it
Commercial use allowed?		Yes
Contractual override allowed?		N/A
Fair dealing?		Yes
Potential application		This section applies to buildings, sculptures, models for buildings and works of artistic craftsmanship if permanently situated in a public place or in premises open to the public

Go back to Copyright overview

Go back to Exceptions in copyright

Back Home

Adapted from: The University Library. (2022?). Copyright exceptions. [online]. Available from https://www.sheffield.ac.uk/library/copyright/exceptionstab [Access on 25 January 2022].

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Can I screen movies for a students’ Film Club society?

25 January 2022 / Erica Levi

Would a student film club be allowed to screen films from BoB or on DVD from a library collection without breaching copyright/licensing terms?

Let’s assume that the aim of screening films is to explore sociological concepts for exploration and discussion among students. It’s related to the student’s studies, i.e., for instruction and not for social events. Onsite screenings would be covered under an exception in the law for performing, playing or showing work in the course of activities of an educational establishment. Still, they have to be strictly limited to staff and students of the institution. You couldn’t use this for anything open to the general public (or invited guests/family members of students).

You should always encourage whoever hosts the screenings to promote them as an educational resource rather than entertainment, and then you have a strong defence if ever challenged, however unlikely.

Also, the exception for criticism, review, quotation and news reporting might apply, but it depends on how easy it is to argue that showing a whole film is fair dealing.

A ‘public’ screening always requires permission and licensing, regardless of whether a fee is charged or not or for charity fundraising purposes.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Can I use software screenshots planned to be made freely/openly available online as part of a training resource?

24 January 2022 / Erica Levi

This type of use falls under the exception in copyright law illustration for instruction.

It constitutes a low risk as long as it doesn’t compete with the product (for example, if the product owner were to sell separate videos on how to use the product, which usually is highly unlikely).

It’s no different from the many ‘How to’ videos you find on YouTube that don’t appear to be taken down.

Some software licences may even include permission to make copies/screenshots for user training purposes.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

The Berne Convention for the Protection of Literary and Artistic Works

21 January 2022 / Erica Levi

There is no overarching international law, and copyright is governed by the laws of the land where the material is used. Still, some complications may arise from some discrepancies across borders. For this purpose, in 1886, some countries signed the Berne Convention for the Protection of Literary and Artistic Works. Member states must rectify their national laws by the principle set in by the Convention and agree to the following:

Give foreign works the same protection as the works originating in their own country.
Give automatic protection without requiring any formalities such as a deposit to national libraries or notifications
Protection is independent of the existence of protection in the country of origin of the work
Some minimum standards of protection relate to the works and rights to be protected and to the duration of protection (at least up to the 50th year after the author’s death)

The Berne Convention includes some exceptions on quotation and teaching. Article 10 allows the following specific free uses of works:

Quotations: it is permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.
Illustration for teaching: it mandates member countries to legislate defining their terms, provided such utilization is compatible with fair practice.

In September 2021, there were 177 member states (out of the 193 countries recognised by the UN).

Go to next (still to come)

Go to previous The Statute of Anne

Go Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

The Statute of Anne

21 January 2022 / Erica Levi

Anne Queen of England, Scotland and Ireland (1702 to 1714)

In 1710, Parliament passed the Statute of Anne, the first statutory copyright law. It gave the exclusive right to copy the manuscript of a book for 14 years. It was given to the author and the author’s chosen printer. So it was an author’s right, in that the author got to choose whoever they wanted to publish their book, but it did not get into effect until the book was published. So de facto it was a monopoly right for the publisher.

If still alive at the end of those 14 years, the author could get a renewal for another 14 years. If the author had died, the copyright lapsed, and it always lapsed after 28 years.

Copyright was obtained through registration with the stationer’s company and deposit of the published book in the Bodleian Library. If a book hadn’t been published, if it was just an unpublished manuscript, it did not get copyright protection.

So what was happening after 28 years? The House of Lords decided that the 28-year statutory term allowed by the Statute of Ann was all the rights. Once it had expired, the books went into the public domain. Neither the author nor the publisher retained any rights over their books after the term of copyright had expired.

The House of Lords essentially created the public domain, the idea that there would be creative works, works of literature and knowledge not owned by anyone after some period.

Go to next The Berne Convention for the Protection of Literary and Artistic Works

Go to previous Letter Patents

Go Home

Image: Public domain

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

2. History of copyright

21 January 2022 / Erica Levi

To understand copyright, it is worth looking at how it developed through history:

(…to continue)

Go Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

The Royal Company of Stationers

21 January 2022 / Erica Levi

In 1557, Queen Mary chartered The Royal Company of Stationers. Members were people who originally only sold paper, but under the licensing act of 1662, a printer had to be a member of the guild of ‘The Royal Company of Stationers’ to print books in England. If anybody else tried to print books, the Stationers were authorized to seize and burn them. It was an even more robust control over publishing, though the guild was allowed to give exclusivity even to printers who did not have a separate royal patent.

Interestingly, the Stationers agreed to the requirement to deposit a copy of every newly printed book in the Oxford University library. This agreement was signed with Thomas Bodley in 1610, who was the Oxford librarian at the time, and the Library of Oxford still carries his name, the Bodleian Library.

The Royal Company of Stationers lapsed in 1695 with the lessening of the desire for hard censorship. Since other people were suddenly allowed to print books, the Stationers faced competition, so they began to lobby Parliament for a permanent renewal of this charter that would make them the sole publishers in England.

Their early efforts to get this charter failed until they changed their tactics: they began to stress that the benefits of restricting printing were to give rights to authors as unique and individual geniuses who created these works.

The Parliament was sympathetic to the needs of authors rather than to the needs of a particular guild that just wanted a monopoly business, so it was decided to ensure the benefits to authors, even though it is very often deployed by enterprises that are simply looking to avoid unwanted competition, as we still often see it today: we know the publishing industry, the recording industry, and the movie industry often making appeals to the well-being of creators when what’s happening is that trade regulations are being enacted.

Go to next The Statute of Anne

Go to previous Letter Patents

Go Home

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Letter Patents

21 January 2022 / Erica Levi

King Henry VIII of England released that the power of printing was very great for stirring up trouble and that he needed to be in control of what was printed and read. In the early 16th Century, he began to issue Letters Patents to authorise only certain people to purchase a copy of books from authors (this is why we call it copyright) and publish them exclusively.

Letters Patents are not to be confused with the modern meaning of ‘patent’, which is a protection for your invention that gives you the right to take legal action against anyone who makes, uses, sells or imports it without your permission.

Apart from giving privileges to specific printers, thus retaining control of what was being made available for people to read, Letters Patents prevented competition in the very early printing industry and introduced the concept of an exclusive right that would grant specific printers the privilege to print a particular book or often categories of books, such as prayer books or school textbooks.

Go to next The Royal Company of Stationers

Go to previous The invention of the printing press

Go Home

Image: Public Domain

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.