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Broadly, there are two routes to permissible reuse of copyright-protected material: either (i) under a licence from the copyright owner(s), or (ii) under an applicable copyright exception.

While the availability of licences and exceptions sometimes overlaps, they are not generally interchangeable. In circumstances in which permission is required, it is likely inadvisable to seek to rely on a copyright exception. In circumstances in which permission is not required (because an exception applies), it is likely unnecessary to seek permission. However, obtaining a valid licence – and abiding by the terms and conditions – provides additional certainty that the copyright owner will not object to the reuse.

Copyright licences

A licence granted by, or with the authority of, the copyright owner provides authorisation to reuse the material, subject to the licence terms. Licences grant permission (which may be temporary) to reuse the work (in ways that may be limited and specific).

The University obtains licence coverage from collective management organisations (CMOs) acting on behalf of multiple rights owners, permitting reuse of copyright-protected material for educational (and associated) purposes, subject to compliance with the licence conditions. These include the:

• CLA Higher Education Licence, permitting multiple copying and distribution of – primarily – book chapters and journal articles designated as course readings, for educational purposes; also covering internal administration and some research collaboration.
• NLA Education Establishment Licence, permitting the multiple copying and distribution of newspaper articles and cuttings for educational purposes; also covering limited media monitoring activity conducted by press office colleagues.
• ERA Licence, permitting the recording, playing and showing of television and radio broadcasts for educational purposes, including use of the Box of Broadcasts resource.

Permission can also be granted expressly under a licence or usage terms applying to a specific item or resource, or obtained directly from the copyright owner(s) or their authorised representative. Please refer to the permission guidance notes and template before seeking bespoke licences from third parties.

Copyright clearance is not always subject to payment of a permissions fee. For example, material that a copyright owner chooses to make available under a Creative Commons (CC) licence is free to reuse in accordance with the licence terms. The suite of CC licences enables rights owners to encourage engagement with copyright-protected works by removing restrictions on copying and sharing that otherwise apply automatically. Instead, licensors specify the rights they wish to enforce, permitting reuse that complies with those requirements. All CC licences include the requirement to give appropriate attribution when reusing the work. Licensors can also restrict reuse for commercial purposes and/or apply additional restrictions to the dissemination of derivative works.

Before relying on a copyright licence granting blanket permission, it is essential to verify that the licence is valid, and covers the specific material you intend to reuse. A licence that has not been granted by – or with the authority of – the copyright owner will be invalid, meaning only material the licensor is authorised to license will be permissible to reuse.

Copyright exceptions

It isn’t always necessary, or possible, to obtain copyright permission. For example, for some low-value, non-commercial reuse, the transaction costs for a copyright owner of fielding and granting permissions requests may exceed the value of the intended reuse. In such a case, the availability of applicable copyright exceptions serves the interests of all parties.

Similarly, in some circumstances – such as copying for private study – reasonable reuse may have a negligible impact, if any, upon the rights owner’s normal exploitation of their work. In other circumstances – such as quoting a reasonable extract of a published work to facilitate a negative critique – there may be little prospect of successfully negotiating permission at all. In such cases, the availability of applicable copyright exceptions serves the interests of all citizens, accommodating personal scholarly endeavour, and critical cultural engagement, within the ambit of permissible reuse.

Legislative exceptions to the exclusive rights of copyright owners are thus fundamental to a functioning copyright system, in balancing private interests with wider societal benefit. Copyright exceptions are provided by the law, not exceptions to the law.

In the UK, some copyright exceptions are subject to a test of ‘fair dealing’. This term isn’t defined in the legislation, but refers to use that is reasonable, not excessive, nor likely to conflict unduly with the interests of the copyright owner. Such exceptions include:

• Fair dealing for purposes of non-commercial research.
• Fair dealing for the sole purpose of illustration for instruction (covering acts of teaching and assessment).
• Fair dealing for criticism, review or quotation (covering reuse that is facilitative of accompanying commentary or critique, or otherwise serving a specific purpose).

Demonstrating fair dealing may be more difficult if permission has previously been sought or a permissions fee quoted, or if the intended reuse is normally licensable. Therefore, it is important to first determine whether any prospective reuse is within scope of an applicable copyright exception. If not, it is important to obtain any necessary permissions for use exceeding that scope, rather than attempting to rely on an inapplicable exception.

Copyright expiry

When copyright in a work expires and the work enters the public domain, copyright restrictions cease to apply, meaning reuse is no longer dependent upon permissions or exceptions. However, in some circumstances, other forms of restriction may continue to apply (for example, in respect of artistic works that are also trade marks).

Determining copyright expiry can be complex, generally depending on factors such as an author’s lifespan and the work’s publication status. As a general rule, copyright in authorial works of known authorship lasts for the lifetime of the (last surviving) author plus 70 years. However, duration of protection has varied over time, sometimes retroactively, and continues to vary internationally. It is always important to verify that a work has entered the public domain by virtue of copyright expiry, rather than assuming this.

The public domain also includes works of antiquity and folklore that pre-date the existence of copyright, as well as material too trivial or commonplace to qualify for copyright protection. In a copyright context, the public domain does not include material that has merely been made available to the public, or become public knowledge.