Tag: Teaching

Exceptions in copyright

8 December 2021 /

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:

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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 /

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.

What is fair dealing?

8 December 2021 /

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.

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