Tag: Illustration for instruction

Can I create an audio recording from a book?

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.

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.

ExceptionSection 29: Research and private study
CategoryResearch/Education
SummaryYou 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 applicationPhotocopying a chapter of a book to research a topic for an essay

ExceptionSection 29A: Copies for text and data analysis for non-commercial research
CategoryResearch/Education
SummaryYou 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 applicationExtracting articles from a database to carry out a linguistic frequency analysis

ExceptionSection 30: Criticism, review, quotation and news reporting
CategoryResearch/Education
SummaryYou 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 applicationCriticism: 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

ExceptionSection 30A: Caricature, parody or pastiche
CategoryResearch/Education
SummaryYou 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 applicationUsing a few lines from a song to create a parody sketch, or using small amounts of a film to create a larger pastiche work

ExceptionSection 31: Incidental inclusion of copyright material
CategoryPerformance
SummaryCopyright 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 applicationShowing in passing copyrighted material that is in the background while filming

ExceptionSections 31A and 31B: Accessible copies for disabled users
CategoryDisability
SummaryIndividuals 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 applicationMaking a large print copy of a book for a visually impaired person, so long as the person has lawful access to the original work

ExceptionSection 32: Illustration for instruction
CategoryTeaching
SummaryYou 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 applicationIncluding a short snippet of a video in a presentation, if the snippet is integral to the teaching point that you’re making

ExceptionSection 34: Performing, playing or showing work in course of activities of an educational establishment
CategoryTeaching
SummaryYou 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 applicationPlaying a DVD of an entire film in a class where the film is related to the teaching

ExceptionSection 35: Recording of broadcasts
CategoryTeaching
SummaryYou 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 applicationMaking a recording of a television show and playing that recording in class or making it available on a secure Virtual Learning Environment
ExceptionSection 42: Copying by librarians, etc., replacement copies of works
CategoryPreservation
SummaryChanging 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 applicationChanging 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)

ExceptionSection 59: Public reading and performance
CategoryTeaching
SummaryYou can perform a published literary or dramatic a work
Commercial use allowed?No
Contractual override allowed?No
Fair dealing?Yes
Potential applicationCreating audio recording or acting

ExceptionSection 62: Representation of certain artistic works on public display
CategoryPerformance
SummaryThe 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 applicationThis 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.

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