I recently attended a workshop on copyright and exceptions for educational use. The workshop focused mainly on the use of images in educational settings and explained the sections of the copyright law in the UK that allows exceptions for the use of images under copyright and how to use them responsibly so that we don’t end up losing them.

The exceptions are:

• Section 34 CDPA: Performing, playing or showing work in course of activities of educational establishment.
• Section 62 CDPA: Representation of certain artistic works on display. This section applies to buildings, sculptures and models for buildings and works of artistic craftsmanship.
• Section 32 CDPA: Fair Dealing – using a work for the sole purpose of ‘illustration for instruction’ does not infringe copyright in the work provided that the dealing is: (a) for a ‘non-commercial purpose’, by a person giving or receiving instruction (or preparing for giving or receiving instruction) AND (c) accompanied by a ‘sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise)
• Section 30(1) CDPA: (1) ‘Fair Dealing’ with a work for the purpose of ‘criticism or review’.
• Section 30A CDPA: Caricature, parody or pastiche. (1) ‘Fair Dealing’ with a work for the purposes of ‘caricature, parody or pastiche does not infringe copyright in the work.
• Section 30(1ZA) CDPA: Copyright in a work does is not infringed by the use of a ‘quotation’ from the work (whether for criticism or review ‘or otherwise’). (there are restrictions – see: https://www.copyrightuser.org/understand/exceptions/quotation/)

The workshop also discussed the confusion that often happens between the term ‘Fair Use’ and ‘Fair Dealing’. ‘Fair Use’ is a legal term in the United States and is linked to US copyright law only. ‘Fair Dealing’ (as described in the above Section 32 CDPA) is a legal term for use in the UK linked to UK copyright law and exceptions to copyright for use in education.

The most important point being made in this workshop was that we as educational institutions need to use these exceptions responsibly or we are in danger of losing them as there are private entities lobbying the UK Government trying to get these exceptions revoked as they believe that it impacts on their profits.

A great website which explains this further is: https://www.copyrightuser.org/understand/exceptions/education/

We as the Technology Enhanced Learning Team are planning to have information sessions on copyright and use of materials for teaching and learning.

By – Niki Pryde – Learning Technologist

Copyright Workshop / SPS Web, Systems and Learning Technology Blog by blogadmin is licensed under a Creative Commons Attribution CC BY 3.0