Q. Are there any copyright exceptions?

Copyright law includes a number of exceptions which allow limited copying/use of copyright materials in certain circumstances without the need to gain the permission of the rights holder. The main ones affecting study and research include:

Research and private study

The provision covers all types of copyright works – literary, dramatic, musical or artistic works, as well as sound recordings, films and broadcasts and allows researchers and students to copy limited extracts of works for non-commercial research and private study.

Quotation for criticism, review and news reporting

The provision covers all types of copyright works and permits the quotation of a work as long as these purposes are reasonable and:

• the work has been made available to the public
• the use of the quotation is ‘fair dealing’ with the work
• the extent of the quotation is ‘no more than is required’ by the specific purpose for which it is used
• the quotation is accompanied by ‘sufficient acknowledgement’ (unless this would be impossible for reasons of practicality or otherwise)

Accessible copies

The provision covers all types of copyright works and allows a disabled person, or someone on their behalf (including HE establishments), to make an accessible copy (of a whole work) for their personal use providing they (or the university) have a legitimate copy and that a suitable accessible copy may not already be commercially available at a reasonable cost.

Illustration for instruction

The provision covers all types of copyright works and allows copying to illustrate a teaching point subject to fair dealing. The copying must be done by the person giving or receiving instruction and permits the use of digital technology such as interactive whiteboards. This exception also includes copying for exam purposes. Copying for examination is subject to fair dealing, so the use of the extract must be fair.  This may mean limiting copying to shorter extracts where possible, and restricting access to the works used to those being examined.  

Text and data mining

Allows UK researchers to copy a work for analysis using text and data mining technologies without the risk of infringement where the analysis is for the purpose of non-commercial research and the researcher already has lawful access to the work in question.

For further details and other exceptions please visit the Intellectual Property Office guidance on exceptions to copyright.

The Intellectual Property Office has also produced useful guides to copyright exceptions for education and teaching  and research.