This article summarises what teaching staff can do in an educational context with certain types of material to ensure that they remain compliant. If your proposed use is not covered, permission needs to be obtained from the copyright owner.

Type/source of copyright material: any copyrighted material being used for examination purposes

Under section 49 of the Copyright Act 1994 teaching staff may:

Photocopy or scan for examination purposes, such as setting questions, communicating questions to candidates, answering questions. Assignments, theses and dissertations which count towards a student’s final grade in a course are considered examinations.

Type/source of copyright material: hard copy printed books, journals, and periodicals

Under the CLNZ license teaching staff may:

Photocopy or scan up to 10% from a published work (other than an article in a periodical publication), or one chapter of the work, whichever greater.

Photocopy or scan the whole or any part of an article from a periodical publication, or more than one article from the same issue of a periodical where articles are on the same subject. . This is not intended to allow copying of multiple articles from the same issue of a periodical unless the content of each of the articles is closely related and focuses on a particular aspect of a subject.

Photocopy or scan up to 15 pages of the whole or part of a single work contained in a published collection of works, notwithstanding that such works may be separately published.

Supply copies to students in hard copy or electronically in digital form by way of a secure system, such as a password protected intranet.

Repeat copies can not be made by or on behalf of the same staff member for the same paper, unit or module of a course of study, within 14 days. Repeat copies can be made within that time frame, from the same material by other staff members, or by the same staff member for a different paper, unit or module of a course of study.

Licence exclusions:

• Printed music (including words)
  
• Loose maps and charts
  
• House journals and other free publications primarily for employees of commercial businesses, industrial undertakings or public services
  
• Artworks, such as illustrations/photographs, except where included on a page copied under the licence
  
• Privately owned documents issued for tuition purposes and limited to clientele who pay fees
  
• Theses, dissertations and student papers
  
• Any work on which the copyright owner has prohibited copying under any copyright licence

Or, under section 44 (3) to (6) of the Copyright Act 1994 teaching staff may:

Photocopy or scan up to 3% or 3 pages of a work (published or unpublished), whichever is greater. If that constitutes a whole work (such as a poem in a collective work), then only 50% may be copied. No re-copying of that part or copying of any other part of the work or edition, permitted by anyone in the establishment, for 14 days. No charges can be made to students for this copying. You may communicate copies to students electronically. No copying of artistic works unless included within the part of any work or edition copied.

Or, under section 46 of the Copyright Act 1994 teaching staff may:

Photocopy a “short extract” from a published work for use in an anthology (intended for use in educational establishments), provided that the anthology consists mainly of non-copyright material, or Crown copyright material, or material owned by the anthology publisher. More than 2 extracts from works of the same author published by same publisher over 5 years cannot be copied.

Type/source of copyright material: artistic works, e.g. illustrations, photos, diagrams, graphs

Note that there is no permission to copy or communicate an artwork unless the source indicates that such use is permitted.

Under the CLNZ license teaching staff may:

Copy or communicate a work if it is included on a page copied under the CLNZ license.

Or, under section 44 (3) to (6) of the Copyright Act 1994 teaching staff may:

Copy or communicate a work if it is included in the part of any work or edition copied under Copyright Act.

Type/source of copyright material: printed/sheet music, including lyrics

Or, under section 44 (3) to (6) of the Copyright Act 1994 teaching staff may:

Photocopy or scan up to 3% or 3 pages of a work (published or unpublished), whichever is greater. If that constitutes a whole work, then only 50% may be copied. No re-copying of that part or copying of any other part of the work or edition, permitted by anyone in the establishment, for 14 days. No charges can be made to students for this copying. You may communicate copies electronically to students.

Note that there is no permission to copy under the music licence.

Type/source of copyright material: out of print (OOP) hard copy books, journals, and periodicals 

Under the CLNZ license teaching staff may:

Photocopy on a case by case basis with permission from CLNZ. “Out of print” means a copyright work that cannot be obtained within a reasonable period of time at an ordinary commercial price. OOP procedure set out in the licence must be complied with.

Supply copies to students in hard copy only (subject to getting the OOP permission).

Type/source of copyright material: in transit print hard copy books, journals, and periodicals 

Under the CLNZ license teaching staff may:

Photocopy or scan a portion of a work, on a case by case basis with permission from CLNZ (the exact amount allowed to be at the discretion of CLNZ). “In transit” means in transit to the institution and will not be received within a reasonable time prior to its required use. Work in transit procedure set out in the licence must be complied with.

Supply copies to students in hard copy or electronically in digital form by way of a secure system, such as a password protected intranet (subject to getting the in transit permission).

Type/source of copyright material: digital works from library database (e-books,
e-journals, periodical, PDFs

Under the database license terms teaching staff may:

May be copied and used only in accordance with the terms of subscription licences.

Or, under section 44 (3) to (6) of the Copyright Act 1994 teaching staff may:

Make multiple copies, by any means, of up to 3% or 3 pages of a whole work, whichever is greater. If that constitutes a whole work (such as a poem in a collective work), then only 50% may be copied. No re-copying of that part or copying of any other part of the work or edition, permitted by anyone in the establishment, for 14 days. No charges can be made to students for this copying. You may communicate copies electronically to students. No copying of artistic works unless included within the part of any work or edition copied.

Type/source of copyright material: works from internet (such as text, articles, images etc)

Under the source's license terms teaching staff may:

Copy, print and distribute in accordance with terms of any open access licence (such as Creative Commons). However, do not assume all copyright material on the internet is free to use.

Or, under section 44 (3) to (6) of the Copyright Act 1994 teaching staff may:

Print multiple copies, by any means, of up to 3% or 3 pages of a work, whichever is greater. If that constitutes a whole work (such as a poem in a collective work), then only 50% may be copied. No re-copying of that part or copying of any other part of the work or edition, permitted by anyone in the establishment, for 14 days. No charges can be made to students for this copying. Can also communicate copies electronically to students.

Artistic works such as images must not be copied under this provision unless included within the part of any text-based work or edition copied.

Or, under section 44A of the Copyright Act 1994 teaching staff may:

Store webpages provided: 

• page displayed under a separate frame or identifier,
  
• author (if known) and source of the work identified,
  
• name of the educational establishment and date of storage stated.
  

Access to material must be password protected. The stored webpage must be deleted once no longer relevant to the course. (No printing of webpages or the content on them under this provision.)

Or, by providing a URL instead of the target material teaching staff may:

Avoid copyright issues by not reproducing the material.

Type/source of copyright material: sound recordings, films, communication works

Under section 45 (1) to (2) of the Copyright Act 1994 teaching staff may:

Copy by teachers (or students) for the educational purposes of making a film or film sound track. Students cannot be charged for the supply of these copies.

Or, under section 45 (3) to (5) of the Copyright Act 1994 teaching staff may:

Copy sound recordings where the lesson relates to the learning of a language or is conducted by correspondence. Students cannot be charged for the supply of these copies.

Or, under section 47 (2) to (3) of the Copyright Act 1994 teaching staff may:

Play or show before audience of staff or students at the institution (not parents/guardians). Paying audience not permitted. No permission to play in public.

Type/source of copyright material: literary, dramatic, or musical works

Under section 47 (1) to (3) of the Copyright Act 1994 teaching staff may:

Carry out performances of works by students or staff, before audience of staff or students at the institution (not parents/guardians). Paying audience not permitted.

Type/source of copyright material: commercial music/recordings

Under the music license teaching staff may:

Perform or play for educational purposes, for example during live concerts or other events performed at the institution by students.

Copy those performances and communicate copies to staff and students, for archival purposes or for own private use. (You must get consent of the performers to record their performances)

Copy and communicate for educational purposes.

Combine music/recordings with video or digital recordings for educational purposes.

No adaptation of music, for example you are not allowed to perform any music with new or substituted lyrics.

Exclusions:

• Performing entire Grand Rights works i.e. productions where music has been specifically composed for a theatrical work (e.g. Cats or West Side Story) and making video recordings (including excerpts).
• Performing Choral Works of more than 20 minutes duration in its entirety i.e. a musical work written to be sung by a choir or group of singers, with or without any instrumental accompaniment.
• Performance of music in Dramatic Context i.e. in conjunction with acting, costumes, scenic accessories and scripted dialogue or other dramatic effects.
• Perform music so as to burlesque or parody.

Type/source of copyright material: communication works, such as web streams, podcasts, TV and radio broadcasts

Under the Screenrights license teaching staff may:

Copy from radio and TV broadcasts (including Pay TV).

Download online audio visual programmes (provided they are legally available).

Download certain specified online radio programmes only. (Check Screenrights licence for limitations.)

Make multiple copies in any format.

Use learning management systems to access and communicate copied programmes.

Retain copied materials as an ongoing educational resource for future years.