Tag: Overview

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.

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.

Copying and creativity

12 November 2021 / Erica Levi

How do we balance copying and creativity? Is there a boundary between building upon somebody else’s work and just plain copying?

The video makes the case for understanding copying as a positive phenomenon that helps us learn, innovate, develop, and engage with others.

Copyright pertains to both the use and creation of work and the following video demonstrates that it is not just a set of rules but an exciting world worth exploring.

See the following links:

What is copyrightable?

Copyright Law

Exceptions in copyright

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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.