Use for Illustration in InstructionRemember that part of the CDPA that said you could copy works to use in teaching but only by means of a non-reprographic process? It was completely useless for those using presentation software in teaching. Fortunately, that's fallen by the wayside in these new exceptions and has been replaced by use of copyright works for the purposes of illustration in instruction, provided that the dealing is fair and for non-commercial purposes. This is excellent news for teachers, for the following reasons:
a) it is not limited to types of copyright works (so you can copy any type of work)
b) it is not limited to teaching within educational establishments (so you could benefit from this exception if you are providing training to your staff, for example, or to school pupils in a museum)
c) no licence or contract can prevent you from using this exception (and therefore no more licence reporting for works used in face to face presentations)
However, the introduction of the fair dealing requirement to this exception means that teachers must use common sense when applying the exception. Obviously, use of a whole film (outside of an educational establishment as they have a separate provision for the showing of films for instruction) would not be seen as fair. The CDPA does not define 'fair' but case law shows that factors such as whether the use of the work competes with the exploitation of it by the copyright owner and the motive of the person using the work are taken into consideration by the court. Quantity used is also a factor, so it is important not to use more than you need to make the point. Sufficient acknowledgement of the work (i.e. credit to the author) should be made wherever reasonably practicable.
In essence, this exception just legalises the activities that teachers already do in terms of preparing their lessons / training sessions, and most standard practice is unlikely to change. It is important however to ensure that this exception is not used when teaching for commercial purposes, so continue to purchase licences or use CC-BY materials for these.
Use by Educational EstablishmentsVirtual Learning Environments (VLEs) are now used by pretty much every Further and Higher Education institution in the UK to supplement lectures, seminars and classes. The VLE allows tutors to provide students on their courses with resources, lecture notes, discussion forums, reading lists and tests/coursework. It is particularly useful for part-time and distance learners, although most full-time students will access it for course materials, lecture notes and coursework assignments. The CDPA contained almost no provision for use of works in VLEs, but the changes from 1 June have amended that to permit:
Recording of broadcasts (and subsequent use via a secure electronic network)
Copying of extracts of copyright works (and subsequent use of these extracts via a secure electronic network)
Copying for Non-Commercial Research & Private StudyResearchers as well as librarians benefit from changes to the provisions for non-commercial research and private study, which now extend the exception to allow for copying from all types of works. This exception remains a fair dealing exception. A new exception for text and data mining has been added, which allows for individual researchers to make copies of works that they have lawful access to (such as subscription resources) for the purposes of computational analysis. This is on the proviso that the research is non-commercial. Contract terms which prevent this type of use are not enforceable.
On the whole, the amendments to the CDPA for education are positive, and it's fantastic to see the law changing to allow for digital uses by teachers, educators and librarians. The only spot on the horizon is the introduction of fair dealing to section 32 (illustration for instruction). Part of this section also applies to examinations, which prior to the changes was worded: 'anything done for the purposes of examination does not infringe copyright'. Whether or not this will have any real impact remains to be seen, but it would be wise to take a risk-based approach to this type of use. Nevertheless, this is a big step in the right direction towards a more balanced copyright law which is long overdue.