Copyright guide

There is no blanket exemption that allows the reproduction of copyrighted works in a university. There are exceptions that allow works to be reproduced for educational use under very particular circumstances.
 

Presentations 

To include extracts or quotes in your presentations is permissible but must be: 

• relevant to the content of the lecture and used for illustrative purposes 
• fully attributed (referenced) 
• a reasonable and appropriate amount to be considered 'fair dealing'

See: Exceptions to copyright: education and teaching in the Changes to copyright law box.
 

Recorded lectures

Classroom presentations are routinely recorded on Panopto for later use by students. These recordings are also subject to copyright, and the exceptions apply to recorded lectures in the same way as in-person lectures (see above). These recordings should also only be made available via Blackboard to students registered on the module, for the duration of the module. 

There are exceptions to what can be included in these recordings and they are film and sound recordings. Copyright exceptions do not apply if a complete film or sound recording used in a lecture is recorded.  Only clips can be used in these recordings, for illustrative purposes only.

• Moving image: Film, TV & Video: when showing a film in the classroom, Panopto allows the lecture capture to be paused and restarted to avoid recording this material (See: Section 6, Intellectual property and copyright, 2023/2024 Procedure for lecture recording). If it is not possible to pause the lecture, Panopto allows for recordings to be edited before they are released and seen by students, so that this material can be removed after the lecture. Separate links to the ERA licenced audio-visual content can then be included in the module online reading list, which could be a link to a film or documentary in BoB, or a BoB playlist or clip or a play recording in Digital Theatre+.
• Sound recordings: are subject to the same restrictions as films. Audio CDs or streamed audio (e.g. music streaming services / BBC Sounds) can be used in a lecture but cannot be recorded as a whole and the Panopto pause / edit feature will need to be used for such material. Podcasts will have licencing restrictions and should be checked before using in lecture capture recordings. Clips may be permissible, or the content can be paused or edited out. As with film, links to the ERA licenced audio content can then be included in the module online reading list e.g. BoB links to audio recordings, clips or playlists.

The use of copyright images in presentations is problematic, as using the Illustration for instruction exemption under 'fair dealing' may not be justified if using the whole image. Images contained in works owned by the library are covered by the CLA licence but must be attributed (referenced). If the work is not owned by the library or covered by the CLA licence,  then you might have to seek permission from the rights holder. The CLA Check permissions page allows you to check what you can copy, share or re-use legally with the CLA licence: https://www.cla.co.uk/resources/tools/check-permissions/ 

See also: JISC (2022) Legal considerations for recording lectures (JISC Legal guides series). Available at: https://www.jisc.ac.uk/guides/legal-considerations-for-recording-lectures (Accessed: 12 July 2024).

Digitising course readings (for Online Reading Lists)

Academic staff can request chapters and articles be digitised (scanned) by Library Services for inclusion on their online reading lists in Blackboard. This ensures that we are compliant with our licence from the Copyright Licensing Agency (CLA) and allows increased access to print resources for the purpose of course teaching.

For more information see the Requesting resources tab in the Reading list support guide. 

Lecturers can add material to the university VLE, Blackboard if:

• you or the University are the copyright owner,
• one of the educational exceptions or 'fair dealing' exceptions apply,
• the copyright has expired, or permissions have been granted by the copyright holder,
• the material has been scanned under the CLA licence by the library and is attached to a module online reading list, 
• you are using it under licence, e.g. Creative Commons.

Full attribution should be included for each source used in the learning materials. If permissions are required and have been granted, that should also be included at the appropriate place on the slide or in the document, e.g. "Permission to reproduce this... has been granted by...". 

The use of legal exceptions that apply to teaching, may not apply to public lectures and conferences. In addition, materials used under licence will need to be scrutinised before materials are used. If there are any doubts, permission will need to be granted before the works can be used. Creative Commons licencing conditions will need to be adhered to and checks should be made that they apply in these circumstances.

Organisers should check that the speaker has permission to use the copyright material used in the presentation. This is especially important if the audience has paid to attend or if the lecture is recorded for a wider audience.

Lecturers can make a single photocopy / scan of copyright material for research, private study, criticism or review (under fair dealing and the exceptions to copyright law). The University's CLA licence extends the limitations under fair dealing to the following:

• up to 10% or one chapter of a book (whichever is greater);
• up to 10% or one article from a single issue of a journal (whichever is greater);
• up to 10% or one paper of one set of conference proceedings;
• up to 10% or a single case from a volume of judicial proceedings;
• Up to 10% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages;
• One scene from a play.

Accessible copying (Sections 31A-F CDPA) 

Any type of copyright work can be made accessible for a disabled person (your student) or for personal use. In addition there are two exceptions to copyright that cover you if you have a physical or mental impairment which prevents you from accessing copyright protected materials.

Setting examination papers are covered by Illustration for instruction (Section 32 CDPA). Using copyrighted materials in the setting of questions, to illustrate a point to the examinees, or for the purpose of analysis is permissible with the amount used being subject to 'fair dealing'.  The use of this material must be accompanied by an acknowledgement of the source of the material. Using photocopies of printed music in an examined performance setting is not allowed.

Open Educational Resources can be used in teaching as long as the terms of the licence explicitly allows this. 

The library has created a guide to finding and using open educational resources for teaching and learning.