The document discusses copyright issues related to using resources in teaching and learning. It addresses common misconceptions about copyright and outlines what is and is not allowed under copyright law. Key points include: copyright automatically protects original works without registration; fair use exceptions exist for research, review, and examination purposes but only small portions can be used; explicit permission or an applicable license is needed to copy or adapt copyrighted material for other uses.

1. Copyright
using resources in teaching
and learning
Linda Purdy
Media Materials and Copyright Manager

2. Intellectual Property Rights
• Copyright
• Patents
• Trademarks
• Design right
• Database right
• Performers rights
• Confidentiality

3. Copyright misconceptions
• OK to copy if it is for educational purposes
• OK to copy if you acknowledge
• Ok to copy if the material is on the
internet

4. Digital copyright
Why are rightsholders concerned?
• ease of copying
• quality of copy
• low cost of dissemination
• ease of 'passing off'
• pace of technological change

5. Copyright protection
• applies to original works
• must be in material form, not ideas
• automatic - formal registration is not
required
• © is not necessary for protection
• duration varies according to the type of
work

6. Copyright ownership
There is no such thing as copyright free
material (at the time of creation)
It will originally belong to
• creator
• employer, if within contract of employment
• multiple copyrights are common

7. What are the rights?
Only the copyright owner can
• copy
• adapt or amend the work
• communication to the public by electronic
means (web, intranet, VLE etc)
• rent or lend (though libraries are allowed to
do this)
• perform, show or play in public, broadcast

8. When are you allowed to copy?
Authorisation must have been given
• law (Copyright, Designs and Patents Act
1988)
• licence terms
– blanket licence eg CLA, ERA
– resource specific eg creative commons licence
• specifically authorised by the copyright holder
or be out of copyright

9. Copyright, Designs and Patents Act
Exam defence (32.3)
"copyright is not infringed by anything done for the
purpose of an examination"
• taken to include 'summative assessment'
• acknowledgement must be give
• only for viewing by the examiner and examinee

10. Copyright, Designs and Patents Act
Fair dealing defences
Fair dealing for research and private study for
non commercial purposes (29)
• literary, dramatic, musical, artistic works
• excludes sound recordings and videos
• acknowledgement must be give
• amount used must be 'fair'

11. Fair dealing for criticism or review (30)
• includes all forms of materials provided they
have been made available to the public
• acknowledgement must be give
• amount used must be 'fair'
• does not include 'illustrative purposes'

12. More information
Copyright guidance for Sheffield Hallam University staff and
students
http://catalogue.shu.ac.uk/record=b1568097~S1a
Video, images and audio: media literacy skills for
discovering, evaluating and re-using visual and sound
resources
http://catalogue.shu.ac.uk/record=b1570896~S1a
Electronic theses: guidance for Sheffield Hallam University
researchers
http://catalogue.shu.ac.uk/record=b1599144~S1a

13. Finding resources to reuse
Library Gateway - video, images and audio
http://libguides.shu.ac.uk/vis
JISC Digital Media
http://www.jiscdigitalmedia.ac.uk/crossmedia/advice/finding-video-
audio-and-images-online
Flickr
http://www.flickr.com/creativecommons/
Google images
http://www.google.co.uk/imghp
http://www.google.com/advanced_image_search

14. Student has found some images on a
website and wants to copy them into an
assignment or a website they are creating.
What issues do they need to consider?

15. David Hoffman v Drug Abuse Resistance
Education (UK) Ltd [2012] EWPCC
copying photographs sourced on a website
• carefully check ownership of images found on
websites
• use images where
– copyright has expired
– licenced for use eg creative commons licence
– buy stock photos
– take your own, remember to use a 'release form'

16. Example of a Release Form
Name: -------------------------------------------------------------------------------
Address: -------------------------------------------------------------------------------
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
I consent and agree that (name of institution), its employees or agents, have the right to interview, photograph
or video me (and /or my property) for possible inclusion in ---- (details of the website / package)
I release to (name of institution), its employees or agents, the right to use, at their discretion, the material in
print or digital form within the above context for the educational purposes of staff and students at (name of
institution).
I agree that the materials may be used for other non commercial purposes at the discretion of (name of
institution).
I am at least 18 years of age, have read and understand the above statements and am competent to execute
this agreement.
Should commercial exploitation of the materials be considered at a later stage your permission will be sought.
Unless otherwise stated your name and contact details will be kept confidential.
Signed....................................................
Date.......................................................

17. Student is creating a webpage and wants to
link to materials on another website.
What issues do they need to consider?

18. GeenStijl.nl v Sanoma Out-Law.com
(Court of Amsterdam)
linking to infringing photos
• carefully check ownership of images found on
websites
• good practice for hyperlinking
– link to the homepage, deep links may require permission
particularly if they bypass brand
identity, advertisements, legal notices
– any link must open within its' own frame.
– links should be text links, only use logos if permission has
been given.

19. Student is working on an assignment and wants to
reproduce some tables / diagrams she has found in
a book. She also wants to adapt one of the
diagrams. To support her argument she wants to
quote from the book.
The student produces a good piece of work and the
module tutor wants to put it on the module
Blackboard site as an exemplar.
What are the copyright implications?

20. Any queries contact
copyright@shu.ac.uk