Copyright guide

Copyright is important and relevant to lecturers, researchers and students, as you engage with a range of creative works which are protected by copyright. You will encounter copyright issues at some point in your university life, and this guide gives an overview of the main issues.

Important: This is a guide and is not intended as legal advice.

Copyright law in the UK is governed by the Copyright, Designs and Patents Act 1988. Under the Act, copyright applies to the following types of works:

1. Literary works - song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc. 
2. Dramatic - plays, dance, etc.
3. Musical - recordings and score.
4. Artistic - photography, painting, digital art, sculptures, technical drawings/diagrams, maps, logos, etc.
5. Typographical arrangement of published editions - journals, magazines, etc.
6. Sound recording - may be recordings of other copyright works, e.g. a performance of musical or literary work.
7. Film - video footage, films, broadcasts and cable programmes.

The UK Copyright Service (UKCS) (2022) Fact sheet P-01: UK copyright law. Available at: https://copyrightservice.co.uk/copyright/p01_uk_copyright_law (Accessed: 8 May 2024)

Copyright lasts for a set period of time, which means unless permission has been given or licensed, or covered by an exception in copyright legislation it is illegal to do certain 'restricted acts', which include:

• copy the work
• to issue copies of the work to the public
• to rent or lend the work to the public 
• to perform, show or play the work in public (including literary, dramatic or musical works, sound recordings, films and broadcasts)
• to communicate the work to the public
• to make an adaptation of the work or do any of the above in relation to an adaptation

Copyright, Designs and Patents Act 1988: c. 48 Part I Chapter II. Available at: https://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/II/crossheading/the-acts-restricted-by-copyright (Accessed: 8 May 2024). 

Copyright exceptions allow limited use of copyright works without the permission of the copyright owner.

• Non-commercial research and private study (Section 29 CDPA) - this allows the copying of limited extracts of works when the use is non-commercial research or private study. 
• Text and data mining for non-commercial research (Section 29A CDPA) - this allows the analysis of text and data for patterns, trends and other useful information.
• Criticism, review and quotation (Section 30 CDPA) - any type of copyright work can be used for criticism, review or quotation under the 'fair dealing' exemption.
• Caricature, parody or pastiche (Section 30A) - this allows the copying of limited extracts of a work for caricature, parody or pastiche.
• Accessible copying (Sections 31A-F CDPA) - any type of copyright work can be made accessible for a disabled person for personal use.
• Illustration for instruction (Section 32 CDPA) - any type of copyright illustrated work can be used for teaching and assessment under the 'fair dealing' exemption.
• Educational performance (Section 34) - this allows the performance of a literary, dramatic or musical work before an educational audience and to those directly connected with the activities of the establishment.
• Recording by educational establishments of broadcasts (Section 35) - this allows for the recording or copying of TV and radio broadcasts for the use of staff or students at the University.
• Copying and use of extracts of works by educational establishments (Section 36) - this allows educational institutions to copy up to 5% of a copyright work for teaching purposes and supply multiple copies to students.

The University holds a number of collective copyright licences that cover the reuse of specific material types for teaching, learning and assessment purposes where it is not covered by a copyright exception, and where individual permissions would apply for each use:

• CLA licence (Copyright Licensing Agency) - for the photocopying and scanning of print material
• ERA licence (Educational Recording Agency) - for the recording of broadcasts from specific channels including access to content from BoB.
• NLA licence (Newspaper Licensing Agency) - for the photocopying and restricted electronic use of newspaper articles