If you are a member of teaching staff you will want to use a range of works within the teaching materials you provide your students including audio-visual materials such as images, films, TV broadcasts and YouTube videos. These works will normally be protected by copyright so it is important you consider copyright when creating your materials in particular when teaching online.
This guide will help you understand:
Copyright is a complex area of law; staff are encouraged to refer to this guide and if in doubt contact ictlegalcompliance@strath.ac.uk for further advice.
Copyright is an intellectual property right which protects a creator from other people using their work without permission.
What can I copy?
Copyright doesn't last forever and when it has expired a work can be reused without requiring permission.
| Type of work | How long copyright lasts |
|---|---|
| Literary, dramatic, musical and artistic works | 70 years after the death of the author |
| Films | 70 years after death of director, screenplay author and composer |
| Sound and music recordings | 70 years after first publication |
| Broadcasts | 50 years from first broadcast |
| Moral right to be identified as the author | lasts as long as copyright in the work |
| Typographical arrangement of a published edition | 25 years from publication |
A range of licences exist which allow staff and students at subscribing institutions to copy protected works without having to obtain permission from individual copyright owners. The University pays for licences covering a range of different materials. Staff wishing to use audio-visual works within teaching may find the ERA licence which covers broadcasts from TV and radio particularly useful.
More information about specific licences can be found in the other sections of this Guide.
There is no blanket exception for 'educational use' in UK law, however there are a number of useful copyright exceptions which enable you to use a copyright work without requiring express permission from the copyright owner. In the context of using audio-visual works for teaching the exceptions listed below are the most helpful.
Most of the exceptions are subject to fair dealing which means the use of the work must not adversely affect the sales of the work and the amount being copied must be reasonable and appropriate to the context in which it is being used.
Referencing a work is not sufficient on its own to avoid copyright infringement when using content belonging to third parties. To avoid infringement the use must also be covered by a licence, an exception or bespoke permission or the work must be out of copyright.
However referencing or citation is usually a requirement to comply with a licence or copyright exception. To rely on the exception of fair dealing with a work for the purposes of illustration for instruction the work used must be accompanied by sufficient acknowledgement unless this would be impossible for reasons of practicality or otherwise. For works licensed under a Creative Commons licence you are required to give appropriate credit and a link to the licence.
Where a licence does not require attribution there are still good reasons for including a reference. Acknowledging the source enables students to understand where materials you have used come from and follow up for themselves. It can also help prevent false claims of infringement or avoid plagiarism.
A citation should identify the work by its title or some other description and identify the author. If the rightsholder states in their terms and conditions how their work should be cited then this guidance should be followed. For content licensed under a Creative Commons attribution licence consult the Creative Commons website.
For content found online the citation/reference should include the url and the date last accessed. A citation does not necessarily need to appear alongside the work. In a presentation it could be incorporated in an acknowledgements slide at the end of the slideshow.
For audio-visual content you may find the Audiovisual Citation Guidelines from Learning on Screen useful.
You also may wish to refer to the Library's Referencing Libguide.
If you need more advice on using third party owned materials within teaching resources, please contact ictlegalcompliance@strath.ac.uk
We can help with your questions or arrange further support.
