US Introduces New Copyright Exemptions
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Q&As on using text & images for education
These Q&As are for educational institutions covered by a remuneration notice with Copyright Agency Limited: see Using text, images & notated music for educational purposes
This information is for general guidance only; it is not legal advice.
This information is for general guidance only; it is not legal advice.
| question | date | answer | More |
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|---|---|---|---|---|
| If I read a story out to a class, do I infringe copyright if I ask the students to draw a picture of the characters? | 27/10/09 | There is no copyright issue if students draw on their own imagination to depict characters in a book. | QA0579 | |
| Can we make class sets of out of print books? | 9/10/2009 | Yes. If the book is out of print, you can make as many copies of it as you need for educational purposes. You should check every so often whether or not the book has come into print - if so, you would be expected to buy them or stick to the photocopying limits under the harcopy scheme in the Copyright Act. | QA0576 | |
One of our teachers wants to incorporate text and images from a website into a PowerPoint presentation for class teaching. Is this OK? | 14/9/2009 | Generally, if something is available on a website, you should first look at whether or not the website owner has given a permission or licence that will be wide enough to cover using their material for educational purposes (assuming the website owner either owns copyright in the material or is able to pass on such licences). Whether or not there is such a statement, the teacher can rely on Part VB of the Copyright Act to copy images from a website into a PowerPoint (for example, for a class they are teaching). You don’t have to check for commercial availability of the images if you are getting them from a website. A teacher will also be able to copy text as allowed under the provisions in Part VB (for example, an article from an online periodical or a “reasonable portion” - usually 10% of the number of words or 1 chapter, whichever is greater). If you’re uncertain about how to apply these provisions to the text the teacher wants to copy, you could get advice from your own advisers or email the website to see if you can get a specific permission. | QA0561 | |
| Are visiting trainers and external lecturers covered by an educational institution's CAL licence? | 13/6/2009 | Yes. The provisions in the Copyright Act administered by CAL cover anything done either by or on behalf of the relevant educational institution. Visiting trainers and external lecturers wanting to copy or communicate text or images for the lectures or classes they are running for an organisation covered by an agreement with CAL may therefore rely on the Part VB provisions in the Act to the same extent as staff of the institution. | QA0217 | |
| Does the “exam copying” exception apply to weekly assessments? | 13/6/2009 | Section 200 of the Act allows copying of copyright material such as text, images and notated music for an “examination”. The section, however, doesn’t include any definition of what constitutes an “examination”. In our view, the section is likely to cover any type of test designed to assess the progress of a student, including weekly assessments and take-home exams, but should not be relied upon when setting homework or when testing for aptitude rather than for achievement in a particular course. | Putting copyright works into an exam question or answer | QA0218 |
| Do we need permission to include screenshots from websites in our course materials? | 4/6/2009 | You will almost invariably be able to include screenshots from websites in course materials. In some cases, the website copyright notice might be stated broadly enough to permit you to use screenshots (for example, where the website states that material on the site may be used for educational purposes). In other cases, you are likely to be able to rely on the Part VB provisions. | QA0043 | |
| Can we copy book covers to put into PowerPoint presentations for class? | 4/6/2009 | You will usually be able to get or create images of book covers to use in PowerPoint presentations. In some cases, there might be nothing on the cover that’s protected by copyright – for example, it’s a plain cover with the title in an ordinary typescript. In these cases, you can scan the cover without any copyright implications. Alternatively, in cases where there is material on the cover protected by copyright, you will be able to rely on the Part VB provisions in the Copyright Act. If the publisher hasn’t made a suitable digital version of the cover available as a separate publication, you can scan the cover. Check first, however, on the publisher’s website, for example – there may be suitable images of the cover that you can download to use in the PowerPoint (again, you can do this under Part VB in the Act). If you rely on Part VB to scan book covers or to download an image from a website, remember to include the “electronic use notice” with the scan. | Using text, images & notated music for educational purposes (Part VB) | QA0024 |
| How many times can an educational institution rely on the Part VB provisions (administered by CAL) to
reproduce 10% from the same book? Can we, for example, copy 10% one week and another 10% another week? |
The general understanding is that, where a work is
commercially available, no one student should receive more than one
“reasonable portion” (usually 10% or 1 chapter) in any one course or
subject. In other words, where a work is commercially available, you can’t avoid the “reasonable portion” limit by giving students one amount one week, an additional amount the next week, and more the week after that. | QA0045 | ||
| Can we photocopy book covers to promote new books in our school library? |
You will usually be able to photocopy book covers to promote books in a school library. In some cases, there might be nothing on the cover that’s protected by copyright – for example, it’s a plain cover with the title in an ordinary typescript. In these cases, you can photocopy the cover without any copyright issues arising. In cases where there is material on the cover protected by copyright, a library within a school or within some other type of educational institution will be able to rely on the Part VB provisions in the Copyright Act because it’s unlikely that the publisher will have made the cover (as an artistic work in its own right) available as a separate publication. Alternatively, you could consider contacting the publisher or local distributor of the books – they may have copies of publicity posters they are willing to give you. In many cases, these may be better at promoting books than matt-paper photocopies. | Education & teaching: copyright resources | QA0023 | |
| We want to copy part of a work published in a book to distribute to a class. How many pages can we copy? | If you can't buy a copy of a work, you can copy all of it. Otherwise, you can copy:
For example, Music Business (3rd ed) by Shane Simpson (Omnibus Press) has the following components: Table of contents: 13 pages Preface: 2 pages Acknowledements: 1 page Chapters 1 to 38: 641 pages Index: 20 pages About the author: 1 page Total pages: 684 You can therefore copy 68 pages (10% of 684) of the pages from Chapters 1 to 38, or you can copy one of the chapters. In some cases, you can copy more than this. |
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