Exceptions to Copyright In this talk, Jane and Chris will talk about the ways in which educational establishments have addressed copyright issues associated with the shift to online learning. They will discuss the importance of educational exceptions as a vital supplement to the use of licensed resources to enable the use of images, printed materials and audiovisual content to teach online. Dr Jane Secker: Senior Lecturer in Educational Development, City, University of London Chris Morrison: Copyright and Licensing Manager, University of Kent

1. COPYRIGHT IN
EXCEPTIONAL TIMES
Educational establishments, copyright and the shift to online learning
DR JANE SECKER, CITY, UNIVERSITY OF LONDON
CHRIS MORRISON, UNIVERSITY OF KENT
CILIP COPYRIGHT CONFERENCE
10 MAY 2021

2. COPYRIGHT AND ONLINE
LEARNING
https://www.facetpublishing.co.uk/page/detail/?k=9781783300600*

3. COPYRIGHTLITERACY.OR
G

4. COPYRIGHT LITERACY
“acquiring and demonstrating the
appropriate knowledge, skills and
behaviours to enable the ethical creation
and use of copyright material.”
Secker and Morrison, 2016, p.211

5. PLAYFUL APPROACHES TO
COPYRIGHT
https://copyrightliteracy.org/resou
rces/copyright-the-card-game/
https://copyrightliteracy.org/res
ources/the-publishing-trap/
https://copyrightliteracy.org/upcoming-events/icepops-international-copyright-literacy-event-with-
playful-opportunities-for-practitioners-and-scholars/

6. 23 MARCH 2020: UK
LOCKDOWN

7. THE UK HE COPYRIGHT
COMMUNITY
National Community of
Practice (LIS-Copyseek)
Local
Communities
of Practice
Guidance,
support and
educational
resources
Training and
CPD events
Advocacy

8. OUR RESPONSE –
MARCH 2020
Original blog post on copyrightliteracy.org
https://copyrightliteracy.org/2020/03/18/copyright-fair-dealing-and-online-
teaching-at-a-time-of-crisis/

9. WEEKLY WEBINARS
https://copyrightliteracy.org/upcoming-events/webinars-copyright-and-online-
learning/

10. COPYRIGHT CRISIS WEBINARS IN
NUMBERS
36 60
7129
636
941
Webinars since March
2020
Participants on average at
each webinar
Page views on
copyrighliteracy.org webinar
page since March 2020
Number of posts on LIS-Copyseek from
March-December 2020
LIS-Copyseek membership (up from
592)

11. GUEST PRESENTATIONS
Brigitte Vezina
Creative Commons
Kyle K Courtney
Harvard University
Dr Emily Hudson
King’s College London
Dr Carys Craig,
Osgoode Hall Law School &
Bob Tarantino, Dentons LLP

12. WONKHE BLOG POST
https://wonkhe.com/blogs/will-the-pandemic-force-universities-to-address-the-challenges-of-copyright-2/?

13. FAIR DEALING
EXCEPTIONS
Determines whether usage is lawful or
infringing based on how a ‘fair minded and
honest person’ would deal with the work.

14. KEY EDUCATIONAL EXCEPTIONS
S29 – Research or Private Study
S30 – Quotation
S30A – Caricature, Parody or Pastiche
S31A-F - Accessible Copying
E
Exceptio
ns
S32 – Illustration for instruction
S34 – Educational Performance
S35 – Recording of Broadcasts
S36 – Educational Copying of Extracts

16. RISK MANAGEMENT
what is the likelihood that
what you are doing
infringes copyright?
how likely is it that the
copyright holder will
discover your activity?
how likely is it that the
copyright holder will
object to your activity?
what is the impact (both
financial and reputational)
if the copyright holder
was to take action against
you or the University?

17. KENT COPYRIGHT LITERACY
STRATEGY
https://blogs.kent.ac.uk/copyrightliteracykent/launch-
of-the-university-of-kent-copyright-literacy-strategy/

18. COPYRIGHT LITERACY STRATEGY
VALUES
The use of fair dealing and statutory copyright exceptions is an essential aspect of
academic activity and a vital supplement to the use of licensed resources. The University
will support its staff and students in taking advantage of these legal provisions.

19. COPYRIGHT LITERACY STRATEGY
VALUES
It is often necessary to take a risk-managed approach to copyright when working with
third party copyright material.

20. COMMUNITIES OF PRACTICE
Domain
Area of shared
interest
Practice
Body of
knowledge,
methods,
stories, tools
Community
Relationships built
through discussion,
activities and
learning
Lave and Wenger (1991)

21. ALT SPECIAL INTEREST
GROUP
https://www.alt.ac.uk/groups/special-interest-groups/copyright-and-online-learning-sig

22. I CAN’T BELIEVE IT’S NOT ICEPOPS!
2021
https://copyrightliteracy.org/upcoming-events/icepops-international-copyright-literacy-event-with-playful-
opportunities-for-practitioners-and-scholars/

23. CREDITS
All content is © Chris Morrison and Jane Secker CC BY with
the exception of:
• Slide 2 - © Facet Publishing
• Slide 12 – © Wonkhe
• Slides 14-15 – logos from copyright the card game CC 0
• Slide 17-19 - © University of Kent, CC BY

24. REFERENCES
Association for Learning Technology (ALT) (2021) Copyright and Online Learning
Special Interest Group. Available at: https://www.alt.ac.uk/groups/special-interest-
groups/copyright-and-online-learning-sig
Hudson, E and Wragg, P. (2020). Proposals for Copyright Law and Education During the
COVID-19 Pandemic https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3617720
Lave, J., & Wenger, E. (1991). Learning in doing: Social, cognitive, and computational
perspectives. Situated learning: Legitimate peripheral participation. Cambridge
University Press.
Morrison, C (2018) Illustration for Instruction and the UK Higher Education Sector:
Perceptions of risk and sources of authority. Masters dissertation, King’s College
London. https://kar.kent.ac.uk/73310/
Morrison, C & Secker, J. (2017b). Understanding librarians’ experiences of copyright:
findings from a phenomenographic study of UK information professionals. Library
Management, 38 (6/7)
Morrison, C & Secker, J. (2020) Will the pandemic force universities to address the
challenges of copyright? https://wonkhe.com/blogs/will-the-pandemic-force-
universities-to-address-the-challenges-of-copyright-2/
Secker, J. & Morrison, C. (2016) Copyright and E-Learning: A guide for practitioners.
Facet Publishing: London, 2nd Edition
http://www.facetpublishing.co.uk/title.php?id=300600#.XuofAWhKjDc
copyrightliteracy.org