Using peoples' work

Introduction

Image of a open book — "Open book - Royalty-free Pixabay"

Copyright law is designed to support people, especially those in education and research, to use the work of others when it is in the public interest, so long as it doesn’t unduly impact on the copyright owner’s rights. Through the next part of the resource, we will cover the different routes you can go down to assist you in making use of copyrighted material.

Using exceptions:

One tool that enables the use of copyrighted material, without the need to seek permissions are copyright exceptions. There are a number of different statutory copyright exceptions in law that researchers can utilise. It is important to note that copyright exceptions are defences and rather than rights; they can be used to justify use of material if it is called into question. It is important that exceptions are used, especially in the field of education and research, as this helps to set a precedent on which further use cases can be built. If individuals and institutions are too risk averse to make effective use of copyright exceptions, they will become weakened in law. Three copyright exceptions which are particularly relevant for research are

The research and private study exception allows students and researchers to make copies of short extracts from copyrighted works for their own personal use. The exception applies to all types of copyrighted materials, from literary works to audio/video content. These copies must be for the purpose of non-commercial private study and research.

You can find out more about the research and private study exception by visiting the Copyright User website.
The quotation, criticism and review exception allows individuals to make use of short extracts from copyrighted works in the process of providing criticism and review of those works or when reporting on current events.

You can find out more information about the quotation, criticism and review exception by visiting the Copyright User website.
Text and data mining (TDM) is a form of automated computational analysis which involves scanning a large amount of information from different sources (e.g. a database of scientific papers) to highlight patterns or themes across the dataset. This process can help to highlight key data or trends in a way which would not be possible through manual reading. The TDM copyright exception allows researchers to make copies of copyrighted works in the process of computational analysis. To be protected by the exception the researchers must have lawful access to the works included and TDM must be carried out for the purpose of non-commercial research.

You can find more information about the TDM exception by visiting the Copyright User website.

Fair dealing

All exceptions contain what is known as a ‘fair dealing’ requirement. Fair dealing is different to the ‘fair use’ doctrine used in the USA and what constitutes as fair use is not clearly defined in law. However, paying attention to these principles can help ensure that your intended use is fair:

Make sure you acknowledge the work and its creator by providing attribution
Only use as much of the work as is necessary for your purposes
Make sure your use doesn’t undermine the copyright owner’s ability to exploit the work commercially, potentially resulting in a loss of income.
Where possible, limit access to any copyrighted material you use, especially when it comes to posting content online. For example, by making the work available via a platform requiring a login.

If you take the steps outlined above, then you should feel confident that your chosen exception covers your particular use.

Seeking permission

Sometimes, where you are unable to rely on a collective licence or relevant exceptions, you will need to obtain permission from the copyright owner to use their work. Getting permission can be relatively easy, but it can also be time consuming, depending on the responsiveness of the copyright owner. There may also be a charge involved for using certain materials. When seeking permission to use third party materials it is important to remember the following:

Always seek permission before using copyrighted material. If you use a work without permission, you may be infringing copyright and could face legal action.
Clearly outline all the different ways you intend to use the copyrighted material when seeking permission. This will ensure that the copyright owner is giving informed consent. You will also have peace of mind that you have permission to use the work in the way that you want.
Keep clear and accurate records of the permission request process, for example, by using a permissions request form. If anything is called into question this will act as your evidence base.

Here is an example permissions template, which you can fill out and send to copyright owners to request permission.