Copying material

Phil · Post by **Phil** » Thu Mar 08, 2007 11:53 pm

Can somebody clarify this for me:

I am a teacher, and I want to copy copyright material for use in the classroom. Somebody told me once of a few ways of doing this legally, but I can't remember them exactly. I have a vague recollection that if something is used as a test, it's ok - of course that raises the question of what constitutes a test, but that's another story.

Any ideas about how I can go about this would be gratefully received.

Sherif · Post by **Sherif** » Fri Mar 09, 2007 10:10 am

I thought teachers could copy pretty much anything as long as it was justified and for educational use.

Post by **CopyrightAid** » Fri Mar 09, 2007 10:17 am

This is covered under 'fair dealing' rules in the UK.

Provided you are using it for educational purposes only within an educational establishment, (not a commercial venture), and you only copy what is needed for your purposes, you should be fine.

The 1988 Copyright Designs and Patent act has this to say:

32.-(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying -
(a) is done by a person giving or receiving instruction,
(b) is not done by means of a reprographic process, and
(c) is accompanied by a sufficient acknowledgment,
and provided that the instruction is for a non-commercial purpose.

For more details look up Section 32 of the act.

This is UK law, ( sorry Phil, I don't know where you are from), but I believe most countries have similar rules. I think it's called 'fair use' rather than fair dealing in the US.

Phil · Post by **Phil** » Sat Mar 10, 2007 12:50 am

Thanks a lot for this.

Yes, I'm in the UK.

By "reprographic" means, I assume this means no photocopying or scanning. So typing it in yourself is ok?

Also, how do we define "is done by a person giving or receiving instruction"? Does this mean that a teacher in charge of coordinating materials (who will, at some stage, give instruction) can copy for all users? From a linguistic point of view, "a person" is very significant here - not "the person".

Questions like this might explain why I didn't follow my childhood plans of becoming a solicitor. Much too complicated for me...

Post by **CopyrightAid** » Sat Mar 10, 2007 1:07 pm

Re: Repographic. I believe that the section quoted above applies to entire works. I am sure that you can photocopy passages, (etc.), for handouts etc. I will post the relevant part of the act once I find it....

Phil wrote:how do we define "is done by a person giving or receiving instruction"?

I think this is simply 'a person giving or receiving instruction' as opposed to anyone else. i.e. the teacher and student can, but a company producing educational literature may not.

As to whether this precludes a department head (for example) who may not give instruction directly? mmm... that calls for more research. Though I doubt it would cause a problem....

Post by **CopyrightAid** » Sat Mar 10, 2007 1:14 pm

Here we go:

Section 36: Reprographic copying by educational establishments of passages from published works.

36.-(1) Reprographic copies of passages from published literary, dramatic or musical works may, to the extent permitted by this section, be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work, provided that they are accompanied by a sufficient acknowledgement and the instruction is for a non-commercial purpose.

(1A) No acknowledgement is required in connection with the making of copies as mentioned in subsection (1) where this would be impossible for reasons of practicality or otherwise.

(1B) Reprographic copies of passages from published editions may, to the extent permitted by this section, be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the typographical arrangement of the edition.

(2) Not more than one per cent. of any work may be copied by or on behalf of an establishment by virtue of this section in any quarter, that is, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 30th September or 1st October to 31st December.

This is perhaps more relevant to your question than the initial section I quoted.
Also note in 1B 'be made by or on behalf of an educational establishment' which perhaps clears up the Department Head (etc.) issue.

For further research. The Act itself can be viewed online at: jenkins IP - a version I find easier to use than the original texts at HMSO, as it is updated inline with any statutory instruments.