Other Copyright Issues

Can I include copyright material in exam papers without permission?
Yes. All types of copyright works can be copied for the sole purpose of ‘illustration for instruction’ (and this includes copyright for the purposes of examinations). Lecturers can use extracts from films, sound recordings and broadcasts as well as text, music and artistic works to illustrate a teaching point. The exception is subject to fair dealing so copying is limited to what is required for the purpose; each case must be decided upon its own merits. In addition, a sufficient acknowledgement of the copied material must be included where practicable.

I am a research student. Can I include published material in my thesis?
If your thesis is to be examined, the fair dealing for illustration for instruction exception applies.

You can include short extracts, properly acknowledged, without having to seek permission. If you want to include any substantial extracts, diagrams, tables or other illustrations you will need to seek permission.

When I am preparing course notes or writing an article for publication, how much can I quote from a work by another author without requiring permission?
You can copy an 'insubstantial’ amount of a copyright work without requiring permission. This is a qualitative as much as a quantitative judgment, but the generally accepted limits for text are no more than 400 words for a single quotation, or 10%, whichever is the lesser amount. If you want to make several quotations from the same long work, then you should limit each quote to 300 words, and taken together the quotes should not exceed 800 words.

You must acknowledge all quotations. To minimize the risks of infringement, keep quotations as short as possible and use quotes from a variety of different sources.

It is much more difficult to define ‘insubstantial’ in relation to artistic works, so usually it is necessary to obtain permission to reproduce or redraw the work.

Can I copy Government and other Crown Copyright Materials?
Crown copyright material includes central and regional (e.g. National Assembly for Wales) government publications, Acts of Parliament, Regulations and other legislation. Crown copyright material, both paper and electronic, will almost always be identified by “© Crown Copyright”. Some material can be reproduced freely, whilst permission is needed for other material. It is always advisable to check the Terms & Conditions of Use of the particular material you wish to reproduce for certainty. Also, full and proper acknowledgement should always be made of any Crown copyright material you reproduce, together with the year of publication.

Can I copy Ordnance Survey (OS) maps?
Ordnance Survery (OS) Maps are treated as artistic works for copyright purposes by the CDPA 1988. OS mapping is protected by “Crown Copyright”, usually for a period of fifty years. The law allows individual users to make 'fair dealing’ copies of OS maps for themselves. The OS has stated that it regards up to four copies, A4 in size, photocopied from paper maps, or printed from electronic data, as “fair dealing”.

As with any other material copied made under the 'fair dealing’ provisions, the user must copy solely for the purposes of their own research for a non-commercial purpose, or private study. As with all Crown Copyright material, all copies made must be accompanied by an appropriate acknowledgement.

Can I copy my own work once it has been published in a book or journal?
The answer depends upon the specific agreement you have entered into with the publisher. Most often, publishers require that authors assign the copyright in their piece of work being published to the publisher. As such, the copyright would no longer be owned by the author.

It is advisable to check the terms and conditions of any agreement(s) that you have entered into to ensure that you are not infringing copyright by reproducing the work elsewhere. It is always preferable to negotiate the specific terms of a publishing agreement in advance of signing it, to ensure that you retain some rights of reproduction of your own work. A useful site to check publishers’ standard terms and condition is SherpaRomeo