‘Illustration for instruction’ is a new exception that allows the use of ‘fair’ amounts of third party materials in order to reinforce teaching or to make it more compelling for students. There is no need to incorporate any element of criticism or review.
As this is a new exception, there is no case law informing us of how much can be used but the general guidance in line with 'criticism and review' applies, i.e.
- one extract of no more than 400 words;
- several extracts none more than 300 words and totalling not more than 800 words; or
- up to 40 lines from a poem, not exceeding one-quarter of the whole.
This test of ‘how much’ is not solely limited to quantitative measures but is related also to the qualitative aspect of the extract. You should consider whether the extract that you plan to use is particularly significant within the overall work (this may be a factor that would tend to weigh against use) and any potential commercial damage to the rights holder. For example, quoting the crucial sentence from a crime novel thereby revealing the central plot lines would probably never be ‘fair dealing’ as it may damage the commercial interests of the author.
Where third party materials has been used in a ‘fair’ manner it can be included in teaching materials including those uploaded to Canvas or captured via Panopto.
Images represent a difficult scenario however it is arguable that low resolution versions may be considered ‘fair dealing’ under this provision providing their use satisfies the other factors. Every case is different but provided the amount copied is reasonable and appropriate to the context then it is likely that it can be considered ‘fair dealing’. However the use of low-res images might make the image useable for your particular context and therefore this exception would not apply and a licence would be required.
(Images are explored in more detail on our 'digital content and copyright' page.)
This 'illustration for instruction' exception is still subject to the ‘fair dealing’ tests at the top of the page, and if you need to use more than the ‘fair dealing’ amounts use see our licences section for more details about tools which will help you do this.
Two particularly important aspects of this new exception are:
- the previous ‘examination exception’ that allowed unrestricted use of copyright material for assessment purposes has been removed. Any use of copyright material in, for example, an examination paper must now comply with the ‘fair dealing’ limits;
- Copyright law had fallen behind developments in the use of the new technologies, and only allowed copying by hand on a blackboard by a lecturer and via pen and paper by a student. This new exception now allows for copying by electronic means, e.g. use on a white board/ projector and storing of content on the VLE, or by a student on their electronic device.
Jisc Legal offer a detailed FAQ on this new exception which explores the issues in more detail.
Please do contact us for further support.