Question 2

We have seen that some educational provisions don’t extend far enough to cover putting third party content in the VLE e.g. s.35 and s.36. Do you know of any other exceptions in the Act under which the assets could be used without clearance? (For more information, see Educational Copying and Permitted Acts.)

	1:	No – As I am putting the material onto the VLE, none of the exceptions can apply.
Incorrect answer : Exceptions (when appropriate) apply regardless of the medium used.
	2:	Yes – For the purposes of setting an examination question. Also if I’m using these assets to set examination questions, then I can also copy them into my teaching texts. Makes perfect sense to me.
Incorrect answer : s.32(3) of the Act permits anything to be done (with a literary, dramatic, musical or artistic work) for the purpose of an examination ‘by way of setting the questions, communicating the questions to the candidates or answering the questions’. Therefore, just because you intend to use the material for examination purposes (which may be fine for most assets) doesn’t mean you can copy it into your teaching texts.. Copying may take place by any means, including reprography and oral or recorded presentation. This does not extend to the reprographic copying of musical works for the performance of music for examination purposes. If you want to know more please see Educational Copying.
	3:	Yes – we are using insubstantial (small) amounts of work; e.g. I only want 2 tracks from a whole CD and only a couple of minutes from the broadcast programme.
Incorrect answer. A single track from a CD, like a single poem from an anthology, is considered to be a complete work in its own right. Extracts from complete works such as a couple of minutes from a programme may still be a substantial part of the work, taking into account its significance to the whole work. Questions of substantiality are to do with a qualitative assessment as well as a quantitative one. Copying is restricted if it is done in relation to ‘the whole or any substantial part’ of a copyright work (s.16(3)(a) of the Act). In terms of what counts as substantial, case law would indicate that the question is not simply how much of a work has been taken, but rather whether essential original characteristics have been taken.
	4:	Yes – Criticism or Review. S 30. (1) covers Fair Dealing with a work for the purpose of criticism or review of that or another work or of a performance of work ..etc.
Correct Answer : It is possible that the nature of the lecturer’s analysis of Parker could fall under this exception. However, the use of the works must be for this purpose, must be no more extensive than is required for the purpose and must be clearly acknowledged. See also Criticism or Review. Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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The correct answer is: Yes – Criticism or Review. S 30. (1) covers Fair Dealing with a work for the purpose of criticism or review of that or another work or of a performance of work ..etc.

It is possible that the nature of the lecturer’s analysis of Parker could fall under this exception. However, the use of the works must be for this purpose, must be no more extensive than is required for the purpose and must be clearly acknowledged. See also Criticism or Review.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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Exercise 2

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Question 2

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