UK government delays extension of resale royalty right
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General Q&As about copyright & education
This information is for general guidance only; it is not legal advice.
| question | answer | more |
| Can private tutors rely on the educational institution provisions in the Copyright Act? | No. Only “educational institutions”, as defined, can rely on the educational institution provisions in the Act. Private tutors may be able to get a licence to photocopy certain amounts of copyright material from Copyright Agency Limited (CAL). In other cases, permission to use copyright material in one of the ways reserved to the copyright owner will generally be needed. | |
| What are the penalties for copyright infringement? | Where
copyright is infringed, the copyright owner generally has the right to
bring an action against the infringer to recover damages or an account
of profits. Damages is a sum of money intended to compensate the
copyright owner for money lost, or spent, in respect of the
infringement, and will vary with the circumstances. An account of
profits is the profit made by the infringer in selling the infringing
copies. There are also penalties for not co-operating with inspections of premises by representatives of CAL and Screenrights. | |
| Is a teacher responsible for infringements by students? | A
teacher may infringe copyright if he or she authorises a student to
make an infringing copy. Authorising an infringement may include
directing or suggesting that a student copy material where that copying
is an infringement because, for example, it falls outside the scope of
the research or study exception or the educational copying licences. Generally, a teacher will not be liable for infringing copies made by a student on copying equipment (including computers) in a library of the educational institution, provided that the prescribed warning notice is placed near the machine. It is a good idea to have similar notices near copying equipment throughout the institution. |
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