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Subject guides

Copyright Right!: 'The Exceptions' in more detail

What you need to know to use other people's work legitimately in support of your learning, teaching and research

Introduction

Chapter III of the CDPA 1988 covers Acts Permitted in relation to works in copyright. These permitted acts, or so-called exceptions, potentially cover uses that we might want to make at this institution. Exceptions that might be particularly relevant to our activities are summarised in the tabs below, but these are not exhaustive. For the full list and associated texts consult Chapter III Ss. 28 – 76 plus Chapter 3A S. 76A.

Permitted Acts

S. 29 Research and private study

Providing it falls within the definition of Fair Dealing, using a copy of a work for the purposes of private study or non-commercial research does not infringe copyright.

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so
  • If the copying is done by a third party on behalf the student or researcher this exception does not apply if the person doing the copying may have reason to believe that “it will result in copies of the substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose” i.e. this exception does not cover multiple copying for class use (See section on Copyright Licensing Agency Licence) For information, if the third party is a member of library staff see S. 42A, it takes priority.
  • This exception DOES NOT cover the conversion of a computer program in a low level language by copying it into a higher level language

S. 29A Copies for text and data analysis for non-commercial research

Providing they have legal access to the original work, a researcher can make a copy in order to undertake computational analysis of anything recorded in the work for the purposes of non-commercial research.

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so

  • The copy of the work must not be used for any other purpose

  • The copy must not be transferred to anyone else

  • The copy must not be ‘dealt with’ i.e. sold or let for hire

S. 30 Criticism, review, quotation and news reporting

Providing it falls within the definition of Fair Dealing using a copy of a work for the purposes of criticism or review does not infringe copyright.

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so

  • The work must have been made available to the public

 

Providing it falls within the definition of Fair Dealing using a quotation from a work for the purposes of criticism or review, or otherwise does not breach copyright.

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so

  • The work must have been made available to the public

  • The extent i.e. its length in relation to the whole work, must be no more than is required by the specific purpose for which it is being used

 

Providing it falls within the definition of Fair Dealing using a copy of a work for the purpose of reporting current events does not infringe copyright

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so e.g. if reporting is via sound recording, film or broadcast.

  • Photographs are not included under this exception.

S. 30A Caricature, parody or pastiche

“Fair Dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright”

 

S. 31A Disabled persons: copies of works for personal use

If a person’s disability* prevents them from enjoying a work to the same degree as a person without a disability they, or someone acting on their behalf, will not breach copyright in the work by making an accessible copy of it.

*This can include a physical or mental impairment

The following conditions apply:

  • The disabled person must own their own copy of the work or have lawful use of one i.e. have access to a library copy.

  • The accessible copy must be for the personal use of the disabled person*

  • An equally accessible copy must not be legitimately available commercially under reasonable terms

  • If the copy is made on behalf of the Disabled Person they must not be charged more than the actual cost of making and supplying the copy

*Transferring the accessible copy to another person whose disability also prevents them from enjoying the work to the same extent as someone without a disability or to a third party who intends to pass it on to such a person does not infringe copyright either.

S. 31B Making and supply of accessible copies by authorised bodies

Providing an authorised body e.g. an educational establishment such as ours, has legal possession of the whole or part of a published work, they can make an accessible copy for the personal use of a disabled person, if their disability would otherwise prevent them from enjoying the work to the same extent as someone without a disability.

The following conditions apply:

  • An equally accessible copy must not be legitimately available commercially under reasonable terms

  • The accessible copy must carry a statement that it has been made under Section 31B of the CDPA 1988

  • The accessible copy must carry asufficient acknowledgment of the original work unless by stint of practicality it is impossible to do so

  • If the original is in a copy-protected electronic form the accessible copy must, so far as is reasonably practicable, be equally protected ( unless the copyright owner agrees otherwise)

  • The copy must not be ‘dealt with’ i.e. sold or let for hire*

    *The authorised body can pass on the accessible copy to another authorised body for use by another similarly disabled person

N.B. Under S. 31BB Accessible and intermediate copies: records and notification, we as the authorised body have a duty to:

  1. Keep adequate records of any accessible and intermediate copies made under S. 31B

  2. Make these records available upon request to the copyright owners or their representative

  3. Within a reasonable period of time notify the copyright owners or their representative of the accessible that we have made under S. 31B

S. 32 Illustration for instruction

Providing it falls within the definition of Fair Dealing, using an extract from a work for the sole purposes of illustration for instruction* does not infringe copyright. This covers either the person giving or receiving instruction and covers the setting and answering of exam questions.

This exception would also cover inclusion of extracts of copyright works in lecture slides and the subsequent recording of the lectures and making the recorded lectures available (providing the recordings were only made available to students at this institution and were not made publicly available, which would basically mean that Fair Dealing did not apply)

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so

  • Use must be non-commercial

    *Illustration for instruction is generally taken to mean that the extract is being used to convey a legitimate educational point and is not just being used as decoration.

S. 34 Performing, playing or showing work in course of activities of educational establishment

Performing a literary, dramatic or musical work before an audience of lecturers and students and anyone directly connected with our educational activities e.g. external examiners (but not parents) does not breach copyright.

The following conditions apply:

The performance must be by a lecturer or student in the course of the activities of our institution (i.e. is not required to be on campus)

Or

The performance needs to be on campus but can be by anyone as long it is for the purposes of instruction

 

Playing or showing a sound recording, film or broadcast before an audience of lecturers and students and anyone directly connected with our educational activities e.g. external examiners (but not parents) does not breach copyright.

The following conditions apply:

This ‘performance’ needs to be on campus

S. 35 Recording by educational establishments of broadcasts

A broadcast can be recorded and a copy can be made of that recording by an educational establishment for non-commercial educational purposes without infringing copyright in the broadcast or any work included in it. Such a recording can also be communicated to staff and students for non-commercial educational purposes.

The following conditions apply:

  • The original work must be acknowledged sufficiently on the recording or copy unless by stint of practicality it is impossible to do so

  • If the recording or copy is communicated to staff and students off campus it must be via a secure network accessible only by members of this institution.

  • The recording must not be subsequently dealt with i.e. sold, hired or made available outside the institution to non-university members.

N.B. This permitted act DOES NOT APPLY if a licence exists to cover the same activity. The Educational Recordings Agency (ERA) Licence held by this institution is just such a licence. The ERA licence convers the free to view Television terrestrial channels including their playback facilities. However, this exception would apply to broadcasts not included in the repertoire of the ERA licence.

S. 36 Copying and use of extracts of works by educational establishments

Copying extracts of a relevant work by an educational establishment for the purposes of non-commercial instruction and communicating the copy to its staff and students does not infringe copyright.

The following conditions apply:

  • The original work must be acknowledged sufficiently unless by stint of practicality it is impossible to do so

  • “Relevant work” DOES NOT include broadcasts, or artistic works that aren’t incorporated into another work

  • If the copy is communicated to staff and students off campus it must be via a secure network accessible only by members of this institution.

  • Not more than 5% of a work may be copied by, or on behalf of, the educational establishment in any period of 12 months and for these purposes a work that incorporates another work is to be treated as a single work

N.B. 1 This permitted act DOES NOT APPLY if a licence exists to cover the same activity. Examples of such a licences include the Copyright Licensing Agency Licence for Higher Education and the Newspaper Licensing Agency Licence  held by this university. The extent limits allowed under the terms of the CLA licence are a lot more generous i.e. one chapter of a book (or 10% of the whole book whichever is the greater), one article from an issue of an issue of a journal/periodical, and these limits apply to a cohort of students enrolled on a particular module not to the institution as a whole.

i.e. In most cases you would rely on the CLA licence (i.e. if the original work is within its repertoire) in preference to this exception and you would do so by adding the reference of your extract to your MyReading List and enabling Library staff to check for compliance and make the copy of the extract available to your students.

N.B. 2 As the 5% rule applies to the whole University and to a rolling 12 month period this exception should only be relied upon in rare circumstances e.g. for material that isn’t covered by the CLA licence. Records obviously need to be maintained centrally in order to ensure that the University as a whole does not exceed the 5% extent limit. If you wish to rely on this exception to copy and distribute an extract of a Copyright work please contact Chris Beevers the CLA Licence Co-ordinator for this university at E-mail: c.j.beevers:hud.ac.uk or by telephone 01484 472051

S. 41 Copying by librarians: supply of single copies to other libraries

A Librarian (member of library staff) can make a copy of part or the whole of a published work in order to supply it to another Library without breaching copyright.

The following conditions apply:

  • The recipient must be a not for profit library

  • The copyright owner cannot reasonably be traced and contacted to seek permission (though this does not apply if the request is for a copy of an article from a periodical)

  • Any charge made for the transaction must not exceed the costs related to making the copy

S. 42 Copying by librarians etc: replacement copies of works

A librarian, archivist or curator of a museum may make a copy of a work in their permanent collection in order to preserve or replace the item, or to replace an original in another library, archive or museum that has been damaged, lost or destroyed.

The following conditions apply:

  • The item must be part of the reference collection on the institution’s premises or must only be loanable to other libraries, museums or archives, and must not be accessible to the public.

  • It should not be reasonably practicable to purchase a replacement or preservation copy

  • If a charge is made between libraries it should not exceed the costs associated with producing the copy

S. 42A Copying by librarians: single copies of published works

A librarian (member of library staff) at a not for profit library can make and supply a copy of one article from an issue of a periodical or a reasonable proportion of any other published work.

The following conditions apply:

  • The end user must provide a signed declaration in the prescribed format to the effect that they intend to use the copy for their own private study or non-commercial research and to their knowledge a copy of substantially the same material has not been supplied to a colleague at substantially the same time for substantially the same purpose.

  • If a charge is made for supplying the copy it should not exceed the costs associated with producing it

S. 43 Copying by librarians or archivists: single copies of unpublished works

A librarian or archivist may make and supply a single copy of the whole or part of a work without infringing copyright

The following conditions apply:

  • The end user must provide a signed declaration in the prescribed format to the effect that they intend to use the copy for their own private study or non-commercial research

  • The work must not have been published or communicated to the public before the date it was deposited in the library or archive

  • The copyright owner must not have prohibited the copying of the work

  • If a charge is made for supplying the copy it should not exceed the costs associated with producing it

So you want to:

Use a copy for your own private study or non-commercial research – See S. 29

Undertake some text or data analysis – See S. 29A

Use a copy in or to critique or review the work – See S. 30

Make a direct quote from a work – See. S. 30

Use a copy to report current events – See S. 30

Copy a work for the purposes of caricature, parody and pastiche – See S. 30A

Make a work accessible for someone with a disability – See S. 31A&B & the CLA Licence

Use an extract in a lecture – See S. 32

Perform a play or reading for educational purposes – See S. 34

Play a sound recording, film or broadcast for educational purposes – See S. 34

Use a recording of a broadcast for educational purposes – See the ERA licence and S. 35

Disseminate copies of extracts for educational purposes – See the CLA or NLA Licences and, in rare circumstances S. 36

Replace a copy in our Library reference collection – See Ss. 41 & 42

Supply a copy of an extract from stock or via Inter-library Loans – See Ss. 42A & 43