Test your knowledge of copyright by watching this video from the Copyright Licensing Agency (CLA)
Category: Copyright the law
In this category, you will find posts that explain the UK copyright law
Test your knowledge of copyright exceptions and ‘fair dealing’
You usually need permission or a licence to use copyright-protected materials (e.g. text, images, video). However, for specific purposes in the UK, you may also be able to rely on ‘copyright exceptions’ as defined in UK legislation.
Disclaimer: This quiz is for educational purposes only, to help you understand copyright exceptions and direct you to further resources. Your answers will not be used for any purpose, and your personal data will not be collected.
With permission from Christina Daouti from UCL
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 is a copyright infringement?
The Copyright, Designs and Patents Act 1988 [s.16(2) and (3)] states that
Copyright in a work is infringed by a person who, without the licence of the copyright owner, does, or authorises another to do, any of the acts restricted by the copyright.
It applies to the work as a whole or any substantial part of it.
What are the copyright exceptions in UK law?
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.
Authorship and ownership of copyright
According to the Copyright, Designs and Patents Act 1988, the author of a work is the first person who creates it and usually is also the first owner of any copyright.
| Type of work | Author |
| Literary, dramatic, musical and artistic work | Author |
| Sound recording | Producer |
| Film | Producer and principal director |
| Broadcast | Person making the broadcast |
| Typographical arrangements of published material | Publisher |
Some authors may have clauses in their contractual agreements that transfer copyright ownership. If an employee creates the work during employment, their employer is the first owner of any copyright in the work subject to any agreement to the contrary. Therefore, from the onset, one should make oneself aware of any clauses that may restrict one’s own rights on teh material created.
The standard contract of employment in most of the higher education establishments in the UK will include a clause that works created whilst carrying out employment duties belong to the institution.
Upon publication of work, some authors sign a transfer agreement form where they assign or transfer their copyright ownership to another person or entity, for example, a publisher.
How long does copyright last?
Copyright protection starts as soon as a work is created.
The duration (length) of copyright is very complex. It depends on various factors, such as the type of work when it was created, whether it was published or unpublished, whether the author is identifiable and the geographical jurisdiction where the law applies.
Once your copyright has expired, a work falls in the public domain, and anyone can use or copy it. Any reproduction of work in the public domain may be freshly subject to copyright.
Since copyright law is territorial, one work may be in the public domain in one country but not another. In the UK, the copyright expires as follows:
| Work type | Expiration | ||
| Literary, dramatic, musical and artistic works | 70 years after the death of the author | ||
| Film | 70 years after the death of the last of the following persons: director; author of the screenplay; author of the dialogue (if different); composer of the music specially created for the film | ||
| Sound recording | 50 years from the year in which the recording was made or, if published, 70 years from publication | ||
| Broadcasts | 50 years from transmission | ||
| Typographical arrangements | 25 years from publication |
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?
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 |
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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.
1. Copyright overview
In this section, you will find information on copyright and the answers to common questions on the Law:
- What is Intellectual Property (IP)?
- Copying and creativity
- What is copyright?
- Copyright Law
- Exceptions in copyright
- What is copyrightable?
- Copyright advice
- University’s information and guidance
See Licences
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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.
Fair dealing and the reuse of Creative Commons licensed works
Unless the person using the work received separate permission or relied on fair dealing or other exceptions to copyright, they are potentially liable for copyright infringement.
If someone uses a CC-licensed work without following the licence, their right to use the work ends automatically as soon as they violate its terms.
Under CC version 4.0, users of CC-licensed works who come into compliance with licence terms within 30 days of discovering they were in violation of the terms have their rights under the licence automatically reinstated.
Sometimes, these types of disputes can end up in court.
Judicial decisions have been made in various places worldwide, and no courts have ever questioned the validity of the CC licence.
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Forward to What are the elements of the Creative Commons?
Back to What are the Creative Commons licences?
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Back to Open licences
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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.
Coventry University’s information and guidance
The following resources provide you with the University’s information and guidance:
- Coventry University’s copyright statement
- Copyright for Academic Staff (login credentials required)
- LibGuides – Copyright
Go to previous Copyright advice
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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.
Exceptions in copyright
In some parts of the world, copyright law has some limitations and allows some exceptions (for example, ‘fair use’ and ‘fair dealing’) to ensure that the rights of the public are not unduly restricted by copyright.
Thus, by offering exceptions to copyright, the Law permits certain very specific situations where you may be permitted limited use of copyright works without the copyright owner’s permission.
Exceptions and limitations to copyright vary by country, and they have territorial jurisdiction, meaning they apply only to that specific country.
In other words, since copyright law is unique to its jurisdiction, an exception could be valid in one country but not in others.
For more details, look at the Intellectual Property Office guide Exceptions to copyright: Education and Teaching.
See some more details of exceptions permitted by the UK in copyright law, with particular application to online teaching:
Go to next What is copyrightable?
Go to previous Copyright Law
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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.