Tag: Copyright

Exceptions in copyright

8 December 2021 / Erica Levi

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:

Fair dealing

Non-commercial research and private study exception

Criticism, review and reporting of current events

Teaching (in our case, specifically for online courses)

Helping disabled people

Parody, caricature and pastiche

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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.

Exception: parody, caricature and pastiche

8 December 2021 / Erica Levi

It is essential to understand that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing. This must not be derogatory or cause commercial harm to the original.

Please see this article on a court case

Only Fools and Horses firm sues creators of ‘cushty’ dining events

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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.

Exception: helping disabled people

8 December 2021 / Erica Levi

There are two exceptions to copyright for the benefit of disabled people:

You, or someone acting on your behalf, make a copy of a lawfully obtained copyright work in a format that helps you access the material.
Educational establishments and charity organisations reproduce, communicate, make available, distribute and lend accessible format copies of protected works on behalf of disabled people. The exception permits acts such as:
- Making Braille, audio or large-print copies of books, newspapers or magazines for visually impaired people
- Adding audio descriptions to films or broadcasts for visually impaired people
- Making sub-titled films or broadcasts for deaf or hard-of-hearing people
- Making accessible copies of books, newspapers or magazines for dyslexic people.

However, the following requirements have to be met:

Accessible copies of copyright-protected works can be made only from lawfully-accessed copies
An accessible copy can only be made by a disabled person or an authorised body acting on their behalf
The copy can only be made for the personal use of a disabled person. Accessible copies cannot be made, communicated, made available, distributed or lent to a person who is not a disabled person under these exceptions
An accessible copy must only change a copyrighted work to the extent that is necessary to convert it to an accessible format
It must be done on a non-profit basis

Note: there is a discrepancy between accessibility regulations and copyright law, where the former doesn’t take precedent over the latter

Creating a transcript from a third-party-owned resource constitutes an adaptation, and it can only be done with the copyright holder’s permission.

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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.

Exception: illustration for instruction

8 December 2021 / Erica Levi

A limited amount of material can be used to illustrate a point in a lesson.

Additionally, several exceptions allow copyright works to be used for educational purposes, such as:

Copying of works in any medium (meaning minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, unlike uses which would undermine sales of teaching material) as long as the use is
- solely to illustrate a point
- not done for commercial purposes
- accompanied by a sufficient acknowledgement, and
- the use is considered fair dealing.
Performing, playing or showing copyrighted works in a school, university or other educational establishments for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment.
If permitted under specific licences such as CLA and ERA 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.

Exception: criticism, review and reporting current events

8 December 2021 / Erica Levi

Fair dealing with a work for the purpose of reporting current events is allowed for any copyrighted work other than a photograph. In all cases, sufficient acknowledgement will be required.

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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.

Exception: non-commercial research and private study exception (s29)

8 December 2021 / Erica Levi

A user can copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a university course).

You can make a copy only if you have lawful access to the work.

Use is only permitted when it is fair dealing; copying the whole work would not generally be considered as such.

In assessing whether your use of the work is permitted, you must ascertain if there is any financial impact on the copyright owner because of your use. Where the effect is not significant, the use may be acceptable.

If your use is for non-commercial research, you must ensure that sufficient acknowledgements support the work you reproduce.

Where a copy of a work has been made under this exception, copyright is infringed if the copy is transferred to any other person.

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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.

What is fair dealing?

8 December 2021 / Erica Levi

Fair dealing in the UK is a legal term used to establish whether a specific use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing – it will always be a matter of fact, degree, impression and interpretation in each case.

The amount should be as much as a fair-minded and honest person would consider just, and it is not an excuse to infringe copyright.

Relevant factors in determining whether a particular dealing with a work is fair include:

Does using the work affect the market for the original work? If the use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.

Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually, only part of a work may be used.

‘Fair dealing’ is not to be confused with ‘Fair use’, a doctrine in the law of the United States.

Other countries’ copyright laws may refer to similar variations to the concept: fair use, fair dealing, free use and fair practice all allow some lawful use or reproduction of work without having to seek permission from the copyright owner(s) or infringing their interest.

Fair dealing and the reuse of Creative Commons licensed works

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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.

What is copyrightable?

8 December 2021 / Erica Levi

Major international copyright treaties apply copyright to general categories of works (some countries may offer variations):

Literary and artistic works

Translations, adaptations, arrangements of music and alterations of literary and artistic works

Collections of literary and artistic works.

Additionally, depending on the country, it may include:

Applied art and industrial designs and models, and

Computer software.

What is NOT copyrightable?

Some governments make special provisions; for example, the US government works are meant to be dedicated to the public domain because the works are considered public resources.

Protection criterion to attract copyright protection

FIXATION: a work must be in permanent/fixed form (except broadcasts)

ORIGINALITY: a work must be original for skill, labour, judgment and author’s intellectual creation

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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.

Copyright law

8 December 2021 / Erica Levi

As copyright protects any intellectual property, it ensures that material cannot be copied or altered without the copyright holder’s permission.

Copyright, Designs and Patents Act (CDPA) 1988 is the current copyright law in the UK. In 2014, several changes were made to this law to help teachers and lecturers deliver multimedia teaching without the risk of copyright infringement.

The CDPA aligns with the Berne Convention for the Protection of Literary and Artistic Works to ensure international protection and homogenisation.

The law offers exceptions to copyright, allowing certain very specific situations where you may be permitted limited use of copyright works without the copyright owner’s permission.

See the link below to learn more:

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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.

Can I edit a video?

6 December 2021 / Erica Levi

You can only make edits with explicit permission from the rights-holder, who might be unable to grant it for licencing reasons.

Under no circumstance. you can remove the copyright and acknowledgement notes.

Can I link to videos and films?

Can I make a transcript or a third party owned video?

Can I link to YouTube?

Can I use TED Talks?

Can I show clips or whole movies online?

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.