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Copyright: Information for Teachers

Mae'r dudalen hon hefyd ar gael yn Gymraeg

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 Unpublished works are not covered by this exception relating to education.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.

  • Use of the work must be accompanied by sufficient acknowledgement
  • You must take care to only use the work to solely illustrate the point; it must not impact on the rights holder
  • Within a five year period, no more than two pieces of a copyright work can be included in an anthology
  • 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 usually done under the terms of the Copyright Licensing Agency (CLA) HE Licence. Extents and limits apply.
  • 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, e.g. use of images for decorative purposes
  • copying must be done by the person giving or receiving instruction
  • copying must be for non-commercial purposes only
  • the extract 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 or the Educational Recording Agency Licensing Scheme (ERA). This material can only be provided to students on a particular course of study and not shared on a public online platform

Lecture capture content should not include streamed content from sources like iPlayer or YouTube. It is possible to include television or radio excerpts which have been recorded under the ERA (Educational Recording Agency Licence). Any excerpt must be clearly identified with the programme title, date of recording and the channel. Include a statement to acknowledge it was recorded under the terms of the ERA Licence.

Capturing the Lecture - Blog post by Emily Nordmann

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. This is a staff focused service to help with course content provision.

Using Licenses for Learning & Teaching

The Copyright Licensing Agency (CLA) HE Licence

The Copyright Licensing Agency HE licence permits digitised course readings to be created for delivery to students via the Blackboard 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 via the iFind Reading List Service providing:

  • High-quality digital copies in text-searchable PDF format
  • 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 module reading list. Where a subscription exists to an e-version of the work, please link to the Library catalogue using a permalink.

Educational Recording Licence (ERA)
Recording broadcasts by educational establishments

The University holds an Educational Recording Licence (ERA) to support educators to make the most of television and radio programmes broadcast in the UK. You may record off-air broadcasts for students not covered by the University's ERA licence under copyright exception. You are required to acknowledge the source and it is applicable for non-commercial purposes only.

ERA Licence - Frequently Asked Questions here.

Section 35, CDPA

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, or you did not use an author addendum, you would normally need to reproduce any part required for your teaching under the terms of the CLA HE Licence.

Using Sound Recordings For Teaching Purposes

Audio CDs purchased commercially may be used in a classroom setting but should not be used in a lecture recording.

Podcasts that you download from the web are normally freely available to use. Ensure that you check the accompanying statement or re-use licence for clarity.

Performing, Playing or Showing Copyright Works

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 (S34). The audience must consist of students, teachers and others connected to the establishment.  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.

When showing films, or using sound recordings and broadcasts you should verify the source of any material found on YouTube or similar sites.

  • Does the person posting the content have the authority to do so? Linking to resources is preferable to embedding in your teaching materials. Do not link to any material you suspect infringes copyright.

You can take a clip from a DVD for Blackboard use provided it is to illustrate a point, or is for criticism and review. Fair dealing applies, so don't use more than required for the intended purpose. Use acknowledgement and by restricting access to the individuals enrolled on the module you should be able to justify 'fair dealing'.

Section 34 CDPA / ​Section 32 CDPA

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