Teaching
In the dynamic environment of Higher Education, lecturers play a pivotal role in shaping the minds of future generations, fostering creativity, and advancing knowledge through teaching, research, and scholarship. As lecturers, you engage with a vast array of copyrighted materials, from scholarly articles and literary works to images and multimedia content. Understanding the intricacies of copyright law is essential for ensuring ethical and compliant use of these materials, safeguarding the Intellectual Property of creators while enriching the learning experience for your students.
Unveiling copyright essentials: A foundation for informed use
UK copyright law serves as a cornerstone of Intellectual Property protection, granting creators exclusive rights over their works. These rights empower creators to control the reproduction, distribution, adaptation, and public performance of their works. By understanding the scope of copyright protection, you can make informed decisions about the use of copyrighted materials in your teaching, research, and scholarly endeavours.
Copyright ownership: Understanding the rights of creators
Copyright ownership generally arises automatically upon creation, and no registration is required to obtain copyright protection. The copyright holder holds exclusive rights over their work, including:
- Reproduction: Creating copies of the work in any tangible form, such as print, digital, or audio visual formats.
- Distribution: Making copies of the work available to the public, such as through sale, rental, or lending.
- Adaptation: Creating derivative works based on the original work, such as translations, arrangements, or modifications.
- Public Performance: Presenting the work to the public through live performances, screenings, or broadcasts.
- Communication to the Public: Making the work available to the public through digital means, such as through online platforms or streaming services.
In many cases, the University holds licenses to cover the materials needed for teaching and learning. There will also be times where, as a lecturer, you might need to rely on exceptions.
In case no license or exception is available, it is possible that you or the University will be liable for copyright infringement. While the risk of copyright infringement in normal teaching activities is generally low, it’s important to be aware that it can occur. If it does, it could result in financial or reputational damage to both you and the University. If in doubt, get in touch with the Copyright and Licensing Manager, at copyright@lboro.ac.uk.
Licenses for teaching and learning the University subscribes to
While teaching at the University, you will be covered by some of these licenses.
Type of licence |
What's covered |
Copies of up to one chapter/article of 10% |
|
Recordings from UK TV and radio |
|
Links and copies of articles from |
|
Allows you to access e-books, journals, and other databases for your non-commercial study or research. |
You can freely use copyright material under Creative Commons license, please make sure that you follow the terms of the respective licence.
If there is no licence to allow you to use copyright material in your teaching, you will need to do one of the following:
- Ask for permission from the copyright holder;
- Determine if your activity is covered by a copyright exception.
Exceptions to copyright protection: Striking a balance
While copyright law safeguards the interests of creators, it also recognizes the need for fair dealing and other exceptions to ensure the dissemination of knowledge and creativity. These exceptions allow for the use of copyrighted materials without the express permission of the copyright holder under specific circumstances:
- Fair Dealing: Use of copyrighted material for criticism, comment, news reporting, teaching, scholarship, or research, provided that the use is transformative and does not significantly impact the potential market for the original work.
- Quotation: Limited use of copyrighted material to support an original work, provided that the quotation is properly attributed and does not exceed the scope of fair dealing.
- Parody: Use of copyrighted material for humorous or transformative purposes, provided that the parody is sufficiently distinctive and does not undermine the reputation of the original work.
Name of exception |
Purpose |
Activities covered |
CDPA section |
Quotation |
Allows anyone to |
Includes Potential use of |
|
Accessible |
Allows individuals |
Digitising print Format shifting Creating subtitles |
|
Illustration for |
Allows teachers |
Including text, Adding content to |
|
Educational |
Allows any |
Screening a film |
|
Recording of |
Allows |
Underpins the |
|
Making multiple |
Allows |
Copying of book Copying up to |
Copyright in teaching and learning: Empowering educators
As lecturers, you play a crucial role in ensuring ethical and compliant use of educational materials in your teaching and learning activities:
- Copyright ownership in educational materials: In the absence of an agreement to the contrary, the copyright and/or database right in material produced by staff members in the course of their duties rests with the University. This includes, but is not limited to, teaching material, internal reports, policies, etc. Performance rights and moral rights exist independently of copyright and these rights are not affected.
- Fair dealing and other copyright exceptions: Familiarize yourself with fair dealing provisions and other copyright exceptions that may allow for the use of copyrighted materials without permission in educational settings.
- Strategies for integrating copyrighted materials into lesson plans: Integrate copyrighted materials responsibly, ensuring that your use aligns with fair dealing principles and does not undermine the potential market for the original work.
- Copyright and open educational resources (OER): Explore and utilize OER, which are freely available educational materials that are licensed for open use, sharing, and adaptation.
- Copyright awareness and training: Encourage copyright awareness among your students and signpost students to the copyright pages, as well as advise them to attend copyright training sessions.
Uploading content to LEARN: A review of best practice
Under copyright law you can share the same types of content with your students online that you are allowed to use during your lecture, as long as:
- The use is fair;
- Relevant to your teaching.
We advise that you use hyperlinks to link to external sources rather than downloading and uploading a copy to LEARN.
If the extract is on YouTube you can embed the link into your Powerpoint slides or Panopto, which avoids copying the material. Enhanced Academic Practice (EAP) will be able to help you with this. Material from YouTube or any other social media, should not be downloaded and subsequently uploaded to LEARN without the prior consent of the copyright holder(s).
More information on how to use LEARN can be found on the Technology Enhanced Learning SharePoint.
Teaching slides
All images, text, and musical excerpts used in PowerPoint presentations must be properly credited. This is essential for academic integrity and helps teach students about copyright and correct citation practices.
If you cannot remember where you obtained an image from, you can use a reverse image search engine such as TinEye Reverse Image Search. The oldest record of the image is more likely to be the original with the correct details.
There are multiple sites which offer images / cartoons / illustration either copyright free or under a Creative Commons license. See the section Sourcing Materials for more information.
Please note that logos and cartoon characters are often protected by trademark law.
Reading lists
We recommend you use reading lists to share resources with your students. You can find more information about how to request new materials, create and update your reading lists and best practice for reading lists.
Using ReVIEW lecture capture
Please refer to º¬Ðß²ÝÊÓƵ's Lecture Capture policy which discusses the recording of lectures and copyright related issues. For a more detailed explanation of copyright issues in relation to lecture capture please refer to the Copyright guidelines for ReVIEW capture. Please note that if you wish to use third party copyright material within your lecture slides but are concerned about potential copyright infringement when being recorded, then just pause the recording when you are showing this content. The ReView system does not include any paused or edited information in the final recording.
There is guidance and self-paced online resources available to help you with the use of learning technologies.
Accessibility
Students can register with SWAI (Student Wellbeing and Inclusion) who will arrange for access to suitable material in alternative formats for their study.
There is also information available on the library webpages for accessibility support. Users can contact the Content and Provision team for further information.
Use of different media in teaching
You can show films or play recorded audio to students without the need for a licence in the following cases:
- They are shown during the lecture in lecture and seminar rooms, for educational purposes;
- Online teaching events as long as you only provide password protected access to students and they are residents in the UK, and only for and during the normal educational process.
While there are copyright exceptions that cover certain educational uses, showing a film at a film festival, student event, or public lecture generally requires a licence from the copyright holder. Failing to obtain a licence can result in copyright infringement with potential legal consequences. It's essential to ensure you have the necessary permissions before using copyrighted material in these settings. Depending on the film you would like to show, you can choose licenses from Filmbank licenses, Motion Picture License or the British Film Institute (BFI).
You can also download our helpful guide.
The University subscribes to Box of Broadcasts (BoB) where you can create playlists of TV and radio extracts for students to access. Further information can be found on the Learning on Demand SharePoint page.
A wonderful resource is also the Learning on Screen webpage which offers guides on Fair Practice when screening audio visual content, video essay guides and audio visual citation guidelines.
If you have any other questions, do get in touch with the Copyright and Licensing Manager.
Performing musical, literary or dramatic works
You may perform or get others to perform musical, literary or dramatic works (third-party works) – in front of an audience without a licence as long as these are closed sessions for your students. If the audience includes other people, such as family, friends or members of the public, you may need a licence.
- Public performance of music: the performance of live and recorded music for commercial purposes is licensed in the UK by PPL PRS - TheMusicLicence. You may need to get permission from the copyright owner to upload musical performances to some online platforms, but this depends on the context.
- Public performance of literary work: under UK copyright law you are allowed to recite “reasonable" quotes from books and journals in public without needing a licence. You may record the reading or recitation and share it online, as long as the quoted material is only a small part of the overall recording.
- Public performance of dramatic works: you or your students will need to get permission from the copyright owner if you want to publicly perform a whole play, musical or opera. You can contact theatrical agents such as Concord Theatricals to arrange permission if you need it.
If the performance has been created by students for their course, no licence is required and the musical, literary or dramatic work can be performed in front of an open audience.
Contact us if you have any questions.
Unauthorised copies of teaching materials shared by students: Actions to take
The Copyright staff and Legal Services have noticed in recent years an increase in the number of University owned materials being illegally uploaded onto external websites. Thus, working together to support you we have put together a guidance note to help you identify infringing material and support you in the process of removing it from external websites. The guide and example takedown notice can be accessed in the resources section and is entitled Copyright infringement take down note August 2021.
Issuing a takedown notice
As an academic at º¬Ðß²ÝÊÓƵ, if you come across content that you have created, which is being hosted on an external website, then you may need to look into issuing a takedown notice. Examples of content could include your teaching materials such as lecture slides, worksheets, handouts or reading lists. As the creator of this content, you are in the best position to recognise your materials and assess whether they have been uploaded onto an external website without authorisation. This can be difficult for other members of the university to determine. For example, a student's typed lecture notes may appear to be University owned materials, but in fact the student may own the copyright of these notes and can legally upload them onto external websites. Before a takedown notice can be issued, you will need to be certain that you have created the work, and it has been uploaded without authorisation. For more details, please refer to the guide and example takedown notice in the resources section.
Copyright law serves as a crucial tool for safeguarding the rights of creators while fostering a vibrant intellectual ecosystem. As higher education lecturers, you play a pivotal role in shaping the minds of future generations, fostering creativity, and advancing knowledge through teaching, research, and scholarship. By understanding the intricacies of copyright law, you can make informed decisions about the use of copyrighted materials, protect your own Intellectual Property, and contribute to a culture of ethical and responsible use of creative works. Embark on your journey of copyright literacy and become a copyright-conscious lecturer, empowering your students to thrive in a world of knowledge and innovation.
Some of the guidance is adapted from University of Oxford Copyright Guidance by Chris Morrison and Angela Groth-Seary which was adapted from the University of Kent Copyright Guidance (2020) https://doi.org/10.22024/UniKent%2F01.02.92664, and is published under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0).