Copyright and Creative Reuse in Education

• Broadcasts from Channel 4 (as well as the BBC, ITV and Channel 5, among others) are covered by the ERA licence and can be shown in their entirety using our BoB service if your home institution subscribes to them.
• Shows that are not covered by the ERA licence (Netflix, YouTube, etc.), can be used under the exception for the purpose of illustration for instruction (s32 CDPA).

Fair dealing with a work for the sole purpose of illustration for instruction does not infringe copyright in the work provided that the dealing is for a non-commercial purpose, by a person giving or receiving instruction (or preparing for giving or receiving instruction), and accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

This exception in law includes the purposes of giving or receiving instruction, including setting examination questions, communicating the questions to pupils and answering the questions.

Terms of contracts become unenforceable when they seemingly prevent or restrict the doing of any act which would not infringe copyright.

Fair dealing refers to the concept of fairness to be a question of degree and impression whether a "fair-minded and honest person" would regard the dealing as “fair” and may consider the following:

• The extent of what has been used
• The amount and importance of the work taken
• The proportion of what has been used in relation to the rest of the work or the commentary
• Dishonest acquisition of the work
• Excessive use in relation to the purpose
• Commercially competing with the claimant’s work

Lecture recording is not specifically regulated by the UK Copyright Law, however, there could be some other legal implications, such as that the recording may include someone's creation (covered by copyright) and GDPR and data protection.

Copyright is a territorial right, and it follows the definitions of the jurisdiction to which it applies. In this scenario, a MOOC will reach an international audience and the material that is included in the resources must comply with the countries in which it will be viewed.

Copyright law permits the performance of literary, dramatic and musical works, as well as the playing or showing of copyright material, where this takes place as part of the activities of an educational establishment. This exception applies when the audience consists of teachers, pupils, and other individuals directly connected with the institution's activities. The performance or showing must be given by a teacher or pupil in the course of the establishment’s activities, or take place on the premises for the purposes of instruction.

However, this exception does not extend to members of the general public. For example, if pupils' parents are invited to attend a screening or performance, the audience would no longer be limited to those directly connected with the educational activities of the establishment. In such circumstances, the exception would not apply, and permission from the copyright owner would generally be required.

The student's use is within fair dealing becasue of the research for a non-commercial purpose exception. Fair dealing with a work for the purposes of private study does not infringe any copyright in the work.

The mash-up will not infringe copyright, provided that it is accompanied by a sufficient acknowledgement.

No acknowledgement is required in connection with fair dealing for the purposes where this would be impossible for reasons of practicality or otherwise.

The student's use is within fair dealing becasue of the criticism or review exception. Fair dealing with a work for the purposes of criticism or review does not infringe any copyright in the work.

The mash-up does not infringe copyright, provided that it is accompanied by a sufficient acknowledgement and that the original work provided that had been made available to the public.

No acknowledgement is required in connection with fair dealing for the purposes where this would be impossible for reasons of practicality or otherwise.

Requirements

• The purpose is really for criticism or review;
• The material used is available to the public;
• The use of the material is fair;
• Where practical, the use is accompanied by a sufficient acknowledgement.

The student's use is within fair dealing becasue of the quotation exception. Fair dealing with a work for the purposes of quotation does not infringe any copyright in the work (whether for criticism or review or otherwise) provided the following:

• The original work had been made available to the public;
• The use of the quotation is fair dealing with the work;
• The extent of the quotation is no more than is required by the specific purpose for which it is used
• The quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

The student's use could be within fair dealing if it was constituting caricature, parody or pastiche. Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe any copyright in the work.

UK IPO guidance:

‘A comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well-known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork’; whereas ‘it would not be considered “fair” to use an entire musical track on a spoof video’.

Court of Justice of the European Union– Deckmyn and Vrijheidsfonds v. Vandersteen (2014)

Essential characteristics of a parody:

• To evoke an existing work while being noticeably different from it, and
• To constitute an expression of humour or mockery.