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Copyright: Information for Teachers

Copyright Toolkit

Copying for the Purpose of Instruction

Illustration for instruction exception

You are permitted to copy limited amounts of copyright material provided it is for non-commercial teaching purposes.  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 Unpublished works are not covered by this exception relating to education.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 for examination purposes is subject to '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 of works 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.

Section 32, CDPA

Lecture Capture

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

Staff are unable to use the lecture capture recording facility until they have contacted 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 'fair' 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

Using Licenses for Learning & Teaching

Scanning under 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. Published extracts and images from books and journals can be made available via digital whiteboards, PowerPoint presentations and online reading lists.

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. Sheet music is not included within the CLA licence.

The Library Scanning Service offers a free digitisation service for academic staff. To comply with the specific requirements of the Swansea University CLA licence, you should not make your own scans for Blackboard from published works. Scanned extracts must include a copyright notice, be stored centrally and recorded for annual CLA reporting purposes.  This means that scanning can only be carried out by the Scanning Service.

Please visit the Library Scanning Service to request scans. 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.

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.

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 contract. If your article or book is not published using a Creative Commons licence, 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.

Section 34 CDPA

IP Tutor Plus Resources

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