This Illustration for Instruction (Teaching) Exception [Section 32] covers minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not.
The Exception trumps any publisher license terms, for example on an online database or journal provided you already have access via a Library subscription.
This Exception does not cover readings for your students in the form of coursepacks or digitised copies of the work - for that use case, see Providing coursepacks using the HE CLA license (below).
There is an additional Exception Performing, playing or showing work in course of activities of educational establishment [Section 34] which covers the showing of copyright works that may be on video, DVD, etc., for educational purposes provided the audience is limited to lecturers and students and others directly connected with the activities of the establishment, e.g. a film screening.
If you need to make a film available for on demand viewing rather than a screening, contact your contact your Academic Librarian to discuss options.
Providing readings or Coursepacks for your students is often best covered by our Copyright Licensing Agency (CLA) license rather than trying to use the Copyright Exceptions.
Note if the CLA license is used to make copies for students in connection with a Course of Study, these are subject to specific conditions and reporting requirements which include:
The license permits reuse or copying from works owned, or subscribed to, by UEA or its Library. Personal copies owned by academic staff cannot be used except under exceptional circumstances such as not being obtainable by the Library for some reason.
The Copyright Licensing Authority (CLA) covers both digital versions for teaching and multiple print copies of works for teaching. We would advise you to provide digital versions over print versions for 3 reasons:
It is in line with the University’s aim to provide all core reading online
It is simpler in terms of licensing content correctly
It is more in line with the University's sustainability agenda
Use the CLA Check Permissions Tool to see if the work you want to use is covered without having to seek permission from the owner. Further help in understanding the results from the CLA Check Permissions Tool.
If your work is covered, the easiest option is to use the Library's Talis Reading list system and provide a link (URL) to the work you want your students to read.
If linking is not enough, and you really need to upload or include a digitised version of the work (article or book chapter, etc.), you should still use the Talis Reading list workflow. This will prompt you to use the Library's Digitisation Scanning service which automatically includes a copyright check, covers off any fees, and also takes care of the mandatory reporting to the Copyright Licensing Authority (CLA). If you choose to upload your own scans to Blackboard, you will need to attach your own CLA Copyright Notice frontsheet (see tab above) to any scan and do your own reporting.
Where a module is not to be repeated in future years, digital copies must be removed at end of the module.
For more details of the conditions, see the full CLA Higher Education User Guidelines.
If you, or someone else, has already used the maximum number of extracts from a work, check to see if the Second Extracts Permission Service (above) might apply.
If the work you want to use/copy is not covered by the CLA Check Permissions Tool license, there may be one additional Exception you can use, known as the Section 36 Exception (above).
If you still have a need to provide printed or photocopied coursepacks, provision for your students is again best covered by our Copyright Licensing Agency (CLA) license rather than trying to use the Copyright Exceptions.
Use the CLA Check Permissions Tool to see if the work you want to use is covered without having to seek permission from the owner. Further help in understanding the results from the CLA Check Permissions Tool.
We also strongly recommend reviewing the CLA Good Practice Guide in the creation of Coursepacks.
The CLA's Second Extract Permissions Service offers institutions the option to buy additional permissions on a pay as-you-go basis – a ‘second extract’ – e.g., another chapter from the work or another 10%. This is useful when you need to include a couple of chapters from a book in your core reading list for students for example.
Remember the work must still be available under the CLA License by using the CLA Check Permissions Tool.
The best way to make use of this License is to request via the Library's Digitisation Scanning service, not least because we will pick up the fee for you, and take care of the mandatory reporting to the Copyright Licensing Authority (CLA). We may also be able to use this to secure copyright clearance for requests for single extracts that are larger than the standard limits.
Make sure you tell the Library's Reading List team that you want to use the Second Extracts Permission service, rather than the standard CLA License, because otherwise your digitisation request may be rejected. You can use the Notes field in Talis to alert the Library about this. For help, contact lib.reading@uea.ac.uk
There is one additional Statutory Exception Section 36 - that may be applicable for Teaching, readings and coursepacks but can only be used for works not covered by UEA's CLA license, so please make sure you checked the online CLA Check Permissions Tool before using this Exception.
The Exception applies to any copies made:
To remain compliant, it is essential to record any scans you make using this Exception on this form.
If you need any help linking items scanned using the Section 36 exemption to your reading list, please get in touch with lib.reading@uea.ac.uk.
If you intend to make use of this exception, please refer to the government guide.
Please note Section 36 of the Act does not specify format (could be photocopying or scanning) or the means of distribution – could be distributed or made available via any means as long as any sharing beyond the premises is done in a secure way and only made available to members of the institution (36 (3)). Nor does it specify that the institution has to own a copy of the publication (so in this specific case there is no need for the library to purchase a copy).
If you have any questions about sourcing suitable resources for your module or need help replacing material on your reading list that is not available electronically, please contact your Academic Librarian.
