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Copyright: Information for Teachers

Mae'r dudalen hon hefyd ar gael yn Gymraeg

My Copyright Responsibilities (VLE)

All contributors to Blackboard / Canvas modules are reminded of their obligation to comply with the terms of the University CLA Licence, the University Computer Use Regulations and to abide by U.K. copyright law. You must ensure that any teaching material added to the VLE falls into one of the following categories:
  • The staff member is the copyright holder
  • The material is out of copyright (expired)
  • The staff member has been given the right to use material by the copyright holder
  • Use of the material is allowed under The Copyright, Designs & Patents Act 1988
    • fair dealing or educational instruction exceptions apply
  • Use of the material is licensed under the Open Government Licence or a Creative Commons Licence
  • An excerpt from published material has been scanned under the terms of the Copyright Licensing Agency (CLA) Higher Education Licence. 

Copying for the Purpose of Instruction

Illustration for instruction exception (CDPA)

You are permitted to copy limited amounts of copyright material provided it is for non-commercial teaching purposes.  This applies to copying by a person giving or receiving instruction, or preparing for giving or receiving instruction. 

The use of copyright works in the classroom must be subject to the 'fair dealing' test and is only applicable to material that has been made publicly available. Unpublished works are not covered by this exception relating to education. The 'illustration for instruction' exception extends copying of works to any medium, for example interactive whiteboards and presentations.

  • You will need to interpret 'fair dealing' and make common sense decisions that you feel comfortable defending. You may find it useful to ask yourself a few questions about how you intend to use a third-party work within your teaching. 
    • Is use of the work necessary in order to demonstrate your point? 
    • Are you going to use an insubstantial amount of the work? A quote or a short extract?
    • Will the way you use the work make it unlikely for anyone to want to purchase the original? We usually own or license content used in teaching and are potentially increasing sales of the original
  • Use of the work must be accompanied by sufficient acknowledgement
  • This exception cannot be overridden by contract
  • Using copyright works to prepare and communicate for examination purposes is subject to limited 'fair dealing'. You may also rely on the quotation exception; however this does not extend to making a copy of a musical work for a candidate to perform during examination
  • Copying and using extracts from print material for student handouts and for inclusion in the VLE is done under the terms of the Copyright Licensing Agency (CLA) HE Licence. Extents and limits apply and further information is available here.
  • Access to complete broadcasts and films is bound by the terms of the Educational Recording Agency (ERA) Licence.

Section 32, CDPA

Lecture Capture

Planet eStream for Lecture Capture at Swansea University 
                           
Find further information on the service

Staff are unable to use the lecture capture recording facility until they have contacted salt@swansea.ac.uk and attended a training session.

Swansea University expect staff using the Lecture Capture service to comply with all applicable UK & European copyright legislation. Copyright is very important where lectures are being recorded and it is the responsibility of the staff member to ensure that they do not infringe the intellectual property rights of any third party. Recordings created using lecture capture are copyright works in their own right and are provided for personal research, private study or course activities. Recordings are subject to the institutional Takedown Policy where necessary and should not be shared publicly.

Lecturers may include material where copyright rests with a third party if one of the following applies:

a. An educational exception has been granted under UK copyright law (CDPA 1988):

  • material is being used for quotation; for the purpose of illustration for instruction; for the purpose of criticism and review, or for the purpose of parody or pastiche

If using one of these exceptions then use must be considered 'fair dealing' and you must consider the following:

  • the work must be legitimately available to the public 
  • the extent of any copying must not exceed an amount greater than strictly necessary for the specific purpose
  • the use should not be detrimental to the commercial rights of the rights holder
  • unless use of the work is genuinely required it should not be included
  • copying must be done by the person giving or receiving instruction
  • copying must be for non-commercial purposes only
  • the extract(s) must be sufficiently acknowledged

b. Other factors apply:

  • Copyright has expired or been waived
  • You have obtained permission from the copyright holder. You must abide by the terms of use specified by the rights holder
  • You are able to use an open licence, such as Creative Commons
  • You make a copy under the terms of a licence held by the University, such as the CLA HE Licence, the Educational Recording Agency Licensing Scheme (ERA) or licensed content from Planet eStream such as the 'Video on Demand Media Library'.
  • This material can only be provided to students on a particular course of study and not shared on a public online platform

Can I use my own publications in the VLE?

You may not be the copyright holder for the published work.
The rights usually belong to the publisher unless you retained copyright when you signed the publisher's copyright transfer agreement. If your article or book is not published using a Creative Commons licence or similar, you would normally need to reproduce any part required for your teaching under the terms of the CLA HE Licence.

COVID-19, Copyright, & Library Support

We still need to consider “fair dealing”, licenses and copyright exceptions like “Illustration for Instruction” when providing online course content during the COVID-19 crisis.
The Library can help you with information and technology to support legal ways of providing content to students.

Think about using e-books; create links to journals in the Library catalogue or use the Library Scanning Service to support online provision. There are also a lot of high quality Open Educational Resources (OERs) and we have a list with links here. Many publishers are opening up their collections and there is an evolving list provided by the UK copyright community here.
Information on requesting digitised content under the CLA licence for your modules is available hereWe can link legally digitised content to the iFind reading list service and send you a link for the VLE. 

Key Points

      Checklist  

  • You can copy an insubstantial part of a work to illustrate a teaching point (e.g. a few lines of text, or a short clip from a film)
  • The use of the work must only be for non-commercial purposes
  • The use must comply with the principles of fair dealing 
  • You must provide sufficient acknowledgement of the original source
  • More extensive use of copyright materials comes under the terms and restrictions of the educational licenses held by the University. For example, do not upload published book chapters or articles to the VLE. You need to produce digital copies from library print content under the terms of the CLA Licence so that your students can benefit from direct online access to high-demand course reading. The Library provides a staff focused service to help with course content provision.

Using Licenses for Learning & Teaching

CLA Logo

The Copyright Licensing Agency HE licence permits digitised course readings to be created for delivery to students via the VLE. 

Extent limits are applicable; extracts must not exceed more than 10% or one chapter (whichever is greater), or one article in a single issue from a journal or set of conference proceedings; one single case from a published report of judicial proceedings; one scene from a play, or one short story or one poem or one play not exceeding 10 pages in length contained in an anthology. 

Excluded Categories: Printed music, newspapers, maps, charts, workbooks, workcards and assignment sheets are not covered by the CLA licence. Some publications are specifically excluded from copying under the CLA Licence.

The Library Scanning Service offers a free digitisation service for academic staff providing:
  • High-quality digital copies in text-searchable PDF format for accessibility
  • Compliance with copyright and CLA HE Licence terms
  • Online access via user-friendly links
  • Usage statistics to inform your teaching
  • Digital scans will link directly to your reading list or you can use the permanent url we provide in Canvas
  • Where a subscription exists to an e-version of the work, please link to the Library catalogue using a permalink
This is a staff-focused service to support the provision of copyright-compliant teaching material

Video, broadcasts and sound

The University holds an Educational Recording Licence (ERA) to support educators to make the most of television and radio programmes broadcast in the UK. This licence allows you to use and record broadcast media via remote access to students and staff in the VLE (Blackboard/Canvas).

A recording must be clearly and appropriately labeled to include: date of recording, name of broadcaster, programme title and statement "This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence'. 

You can also link to an extensive bank of broadcasts across a wide selection of subjects.
Search ERA Radio and TV Servicehere.

Sources of broadcast material include on demand services like BBC iPlayer, ITV player, Channel 4oD, 5 Television and On Demand 5, National Geographic and the Discovery Channel. 

You may watch or listen to streamed audio or video for educational, non-commercial use within the UK under the terms of the ERA licensing scheme. You can share and embed clips or programmes in the VLE provided you use acknowledgement. 

 

 

Section 35, CDPA is applicable to this activity.

Swansea University subscribes to the Planet eStream subscription service.

Extensive information on Planet eStream and copyright considerations can be found in the 'Lecture Capture' box on this page and via the SALT website.

Digital content can be downloaded from the Planet eStream platform under the terms of the platform licence. 
The licensed content includes:

  • Video on Demand (2 million+ videos)
  • Secure Media Library
  • TV & Radio Recording
  • Digital Signage
  • Interactive Learning
  • Live Streaming
  • Lecture Capture and Observation

Training material from the Planet eStream Academy is available to download as help sheets and video. Local help is available here.
Planet eStream at Swansea is managed by the ISS Media Services team and SALT.

  • DVDs purchased commercially may be shown in a classroom setting but should not be used in a lecture recording.
  • You can take a short clip from audio or DVD for Blackboard/Canvas or for a PowerPoint, provided it is to illustrate a point.
    • Fair dealing applies, so don't use more than required for the intended purpose. Include an acknowledgement, citing the author and title of the work.
  • ​You are not permitted to add entire films to Blackboard/Canvas without obtaining permission to do this from the copyright holder(s). There are usually multiple rights holders and different copyright terms applicable (e.g. soundtrack, moving images, film words or music performances, rights in performances). It will be necessary to contact individual production companies or film studios. Some commercial film companies are represented by FilmbankMedia.
  • Podcasts that you download from the web are normally freely available to use. Ensure that you check the accompanying statement or re-use license for clarity. 
  • YouTube resources: linking out to the YouTube player is preferable to embedding code in your teaching materials. Capture a link to a video by using the 'share' option. Copy the link to the VLE.
    • Does the person posting the content have the authority to do so?  Do not link to any material you suspect infringes copyright. You may decide that you only want to use channels with a verification tick next to the YouTube channel name. Check their Terms of Service
    • Content on YouTube can be removed with little warning. 
    • Students creating content for uploading to YouTube should ensure that they do not include third party content without permission or where fair dealing is not applicable.
  • Where you have a subscription to a streaming service the combination of sections 32 and 34 should provide reasonable flexibility to show extracts and feature films in class to illustrate an educational point without having to obtain additional permission.

Section 32 CDPASection 34 CDPA 

An educational establishment is permitted to perform, play or show a copyright work for the purpose of instruction or assessment as part of an accredited course. The audience must consist of students, teachers and others connected to the establishment.

Section 34, CDPA.

Performance of audio and audio-visual recordings is not permitted for members of the public or others not connected to the university without first obtaining permission or a suitable license.

You should be careful if intending to use commercial music within your teaching content. You would probably need to obtain permission from the composer, music publisher and the recording company. This is likely to be extremely difficult to achieve.

It may be possible to use very short extracts of music in teaching for the purpose of illustration for instruction or criticism and review. Use of music clips in this way would need to have no commercial impact on copyright holders.

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JISC Recording Lectures Flowchart - (Creative Commons Licence: CC-BY-NC-ND)