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Copyright including IPR: Copyright Exceptions

Recent Changes

The copyright law was amended on 1st June and 1st October 2014.  This page provides a summary of the exceptions which have an impact on teaching, learning and research in educational settings.

Image of the copyright logo.

The Exceptions

1.  A broadened research and private study exception now allows copying from sound recordings, films and broadcasts for personal, non-commercial research or private study. This opens up new materials or avenues of research.

2.  Use of quotations is integrated into the existing criticism and review exception. This will make it easier to use extracts from in-copyright works in teaching and learning, VLEs, course and distance-learning materials, published articles and books etc.

3.  Making accessible copies for disabled users is extended to copying all types of copyright work: disabilities is broadened to cover any impairment preventing an individual enjoying equal access to, and use of, a work in the same way as a person without the impairment.

4.  Fair dealing with copyright works for the “sole purpose of illustration for instruction” has been introduced for teaching/learning activities. This clumsy phrase may cause uncertainties as to its scope. A side-effect is that use of copyright works for examination purposes is now subject to fair dealing, potentially limiting prior practices.

5.  TV and radio broadcasts can now be made available off university premises within the UK but it must be done over a secure network. The Educational Recording Agency already licenses this activity, so the provision is dis-applied. Higher Education Institution's (HEI) must continue to hold/pay for an ERA licence.

6.  The limit on copying extracts of works by educational establishments is raised from 1% to 5% of a work in a 12 month period. This now applies to all types of work. Again, HEIs will still need a CLA licence for multiple copying of literary works.

7.  Copying for inter-library loan is extended to copying from all types of copyright work.

8.  Copying for the purposes of replacement or preservation now covers any type of copyright work in a library’s permanent collection.

9.  Mediated copying for library users has been stream-lined. Libraries may replace the existing statutory declaration with their own wording. Charging users has been simplified.

10.  Copying of unpublished works for the purpose of non-commercial research or private study has been extended to cover all types of copyright works.

11.  A new exception permits text and data analysis (or text and data mining). It requires “lawful access” to a work (e.g. subscription content). Researchers in many fields are likely to take advantage of this new permitted act.

12.  A new fair dealing exception allows use of a work for caricature, parody and pastiche. Students and academics, might find uses for this novelty – e.g. in creating and publishing user-generated content in some disciplines.

13.  A new exception allows libraries etc. to communicate copyright works on dedicated terminals on their premises – unless prohibited by contract. A European Court of Justice judgment in C-117/13 Technische Universität Darmstadt v Eugen Ulmer KG will provide guidance on the scope of this exception.