Educational Copying
See also Permitted Acts.
There is some limited provision for copying in an educational context under the following circumstances as set out in the CDPA 1988:
-
making multiple copies for visually impaired persons (s.31A);
-
copying for instruction (s.32(1) and (2A);
-
copying for examination purposes (s.32(3));
-
copying for the purpose for compiling education anthologies (s.33);
-
performance of works (s.34);
-
recording for educational purposes (s.35);
-
reprographic copying of works under licence (ss.36 and 137 to 141); and
-
lending of copies (s.36A).
The acts outlined above are permitted only in relation to ‘educational establishments’ with the exception of cases (b) and (c).. An Educational Establishment is:
-
any school;
-
any university empowered by Royal Charter or Act of Parliament to award degrees and any college, or institution in the nature of a college, in such a university;
-
any institution in England and Wales which provides a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;
-
any institution in Scotland which provides higher education;
-
equivalent bodies in Northern Ireland;
-
any institution in England and Wales the sole or main purpose of which is to provide further education within the meaning of s.2 of the Education Act 1996;
-
any institution in Scotland or Northern Ireland the sole or main purpose of which is to provide further education;
-
any theological college.
Copying for Instruction
s.32 applies only to literary, dramatic or musical works in the course of instruction and in the course of preparation for instruction.
When using unpublished works you must meet the following criteria:
-
the copying is done by a person giving or receiving instruction,
-
the copying is not done by means of a reprographic process, and
-
the copying is accompanied by a sufficient acknowledgement unless this is impossible by reasons of impracticability or otherwise;
-
the instruction is for a non-commercial purpose.
When using published works you must meet the following criteria:
-
the copying is fair dealing with the work,
-
the copying is done by a person giving or receiving instruction,
-
the copying is not done by means of a reprographic process, and
-
the copying is accompanied by a sufficient acknowledgement unless this is impossible by reasons of impracticability or otherwise.
Note that unpublished works can only be used for a non-commercial purpose.
Published work may be used for any kind of instruction although the copying must not extend beyond fair dealing.
Both require sufficient acknowledgement.
The most restrictive feature of ss.32(1) and 32(2A) is the exclusion of copying by means of a reprographic process. In effect this limits use to either transcription on to a board or display via a device which permits display to a class. Photocopying and distribution are not permitted under this provision but require a licence (see Copyright Licensing Agency CLA and Newspaper Licensing Agency NLA). See also Photocopying under the CLA licence.
Performance of works in educational establishments
The CDPA states that a performance in an educational establishment is not a public performance. This makes it possible to perform a work without infringing the copyright in a literary, dramatic or musical work.. Although probably intended to cover the performance of the school play, it may also cover much day-to-day teaching.
s.34(1) that the performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment –
-
by a teacher or pupil in the course of the activities of the establishment, or
-
at the establishment by any person for the purposes of instruction is not a public performance for the purposes of infringement of copyright.
s.34(2) states that the playing or showing of a sound recording, film (or broadcast) before such an audience at an educational establishment for the purpose of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.
A person is not for this purpose directly connected with the activities of the educational establishment simply because he/she is the parent of a pupil at the establishment.
Recording by educational establishments
s.35(1) permits an educational establishment to record or to make a copy for educational purposes of a broadcast, without infringing the copyright in any underlying literary, dramatic or musical work. However, the acts of recording or copying are permitted only in so far as a licensing scheme has not been certified under s.141. Where a licensing scheme has been certified and is in operation, recording and copying will only be lawful if done in accordance with the scheme and on payment of any necessary royalties.
The Educational Recording Agency (ERA), on behalf of its Members (and the Open University has its own scheme) operates a Licensing Scheme for educational use of copyright protected material. ERA grants Licences in accordance with the Licensing Scheme, which has been certified by the Secretary of State under s.35. The Licenses issued by ERA under s.35 authorise the following two non-commercial activities:
-
Recording from broadcasts made in the UK of the works and performances owned or represented by ERA members. Recordings may be made by or on behalf of an educational establishment.
-
Electronic communication of licensed recordings within an educational establishment.
The ERA Plus Licence is an additional licence offered to its licensees which will enable licensed ERA Recordings to be accessed by students and teachers online, whether they are on the premises of their school, college or university, or at home or working elsewhere within the UK. For more information on ERA click on the following link: http://www.era.org.uk