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Centre for Teacher Education

UK Copyright: A practical guide for teachers

This information gives a brief overview of copyright and its practical implications for your activities as teachers. It is based on current UK Copyright Law. It does not constitute legal advice and is only intended to provide guidance and information.* The full version of the most up to date legislation on copyright and intellectual propertyLink opens in a new window can be found on the Government's website.

If you are concerned that some of your teaching activities may be in breach of copyright, it is your responsibility to check this. If you have a question about copyright at Warwick University, email the Scholarly Communications Manager (lib.copyright@warwick.ac.uk)Link opens in a new window or CTE's Academic Support Librarian Christine Bradford (christine.bradford@warwick.ac.ukLink opens in a new window). If you have a question about copyright in your placement institution, please contact your institutional copyright officer.

* Whilst every effort has been made to ensure that the information given here is correct, we cannot accept any liability regarding the accuracy or completeness of the information, or its application under UK copyright and intellectual property laws.

So what is UK copyright?

The Copyright, Designs and Patents Act 1988Link opens in a new window is the current UK copyright law that we have to be aware of when teaching. It is applicable to both physical and online teaching and it gives the creators of original literary, dramatic, musical and artistic materials the right to control how their materials are used. These rights cover the:

  • broadcasting and public performing of materials
  • copying and adapting of materials
  • issuing, renting and lending of copies of materials

In addition, the material creator has the right to be identified as the author/creator and to object to any misrepresentations of their materials (for example their work being taken out of context or used to promote a product that is at odds with their ethical stance - think musicians refusing to allow their songs to be played at President Trump's inauguration).

What types of material are covered by UK copyright law?

NB: The examples listed below are not an exhaustive list.

Fish mosaic

Artistic materials

e.g. photographs, paintings, architecture (physical buildings and plans), technical drawings, maps and logos
Group of actors holding hands, standing in a circle on a stage in a theatre

Dramatic materials

e.g. plays, operas or dances (contemporary or traditional)
TV remote control

Films and TV programmes

e.g. documentaries, soaps, drama series, game shows, independent films and blockbusters
Pages from lots of different books

Literary materials

e.g. lyrics from songs, original hand-written or type-written manuscripts, product manuals e.g. washing machine instructions, computer programmes (excluding Open Source softwareLink opens in a new window), commercial documents containing proprietary information, leaflets, newsletters, books and journal articles.
Woman playing a violin

Musical works

e.g. recordings and musical scores (these can also be operatic)
Mix deck and microphone

Sound recordings

e.g. recordings of musical or literary materials and radio programmes
Vogue magazine covers on a stand

Typographical arrangement of published editions

e.g. magazines and journals

Is there a time limit on copyright material?

For literary, dramatic, musical or artistic material and computer programmes, copyright expires 70 years from the end of the calendar year in which the last remaining author/creator of the material dies. But be aware that the nationality of the creators/authors and the country the copyright is registered in means this is not a particularly reliable indicator. In many European countries the copyright expires 50 years after the death of the author/creator so often UK copyright time limits are longer than those in other countries.

Once the copyright period expires, materials are generally freely available for the public to use for any purpose unless the copyright is re-registered. An example where this has happened is Peter Pan by J.M. Barrie. Obviously Barrie died more than 70 years ago, so in theory Peter Pan should now be available for anyone to use copyright free but his estate applied for an indefinite extension to the copyright and were awarded it (the royalties are donated to various UK children's charities and hospitals).

For sound recordings and broadcasts, copyright expires 50 years from the end of the calendar year in which the last remaining author of the material dies. For films it expires 70 years from the end of the calendar year in which the last principal director, author or composer dies. All of which sounds fine but you do need to be careful which part of the material you are using - if in doubt assume it is 70 years.

For typographical arrangement of published editions copyright expires 25 years from the end of the calendar year in which the material was first published - so this one is quite different to the rest.

So what does this mean for me as a teacher?

In the first instance you should always check with your institutional copyright officer to see what you are allowed to use under your institution’s educational licencing scheme:

and many educational establishments within the UK will belong to at least one of these schemes. However, educational licencing schemes are only valid for teachers and students located in the UK. This is particularly important to consider when teaching online, as students and teachers can be based anywhere in the world. If the use of a material is not covered by one of these schemes, teachers can then rely on some exceptions (providing they and their students are located in the UK.)

NB: you are not permitted to make commercial use of any copies created for educational purposes.

What is the fair dealing exception?

For your use to be classed as fair dealing it must meet the following criteria:

  • relevant to the topic under discussion (not merely decorative)
  • fully attributed (this is why our marking criteria includes the need for accurate referencing)
  • a 'reasonable' amount (more about this a bit later)
  • for a limited audience (not publicly available on the internet)
  • for a limited time (not necessarily a short time but a justified time e.g. one term or an academic year - with reasoning such as 'we will be revisiting this topic throughout this term')
  • with no impact on the copyright-holder's market

If your use of the material does not meet one or more of these criteria, consider whether you can provide a link to the material instead (rather than a copy of the material) as providing a link is not governed by the Copyright, Designs and Patents Act 1988.

How can I use the fair dealing exception in the classroom?

A teacher can reproduce an extract from copyright material for the purposes of teaching, with full attribution in the following circumstances:

  • for delivering classes (in person (physical and online) or pre-recorded)
  • for e-learning materials
  • for classroom handouts
  • for student assignments
  • for exams

An extract is usually around 5% of the total material or in the case of books, one complete chapter (unless the book is very short, in which case the 5% rule applies).

Is the fair dealing exception applicable for lesson recordings?

Yes, copyright material which is published in a recorded lecture (e.g. via Blackboard Collaborate, Microsoft Teams or Zoom) can use the same fair dealing exceptions as material used in a physical classroom but your audience must be restricted for this to be a valid exception. This means that the recording can be added to your learning management system (e.g. Moodle) because most Moodle spaces are limited to registered students, but it cannot be added onto your institution's website and made publicly available.

Can I use the fair dealing exception for broadcasts and films?

If your institution has an Educational Recording Agency (ERA) licence you are allowed to make copies of television and radio programmes (including on demand programmes) and show all or part of these to your students for educational purposes, without infringing copyright in the UK.

In the case of films these do not generally fall under the ERA licence and should be considered separately. If your institution has purchased a copy of a film you are allowed to show all or part of it to your students for educational purposes.

Specific fair dealing exceptions for broadcasts and films:

There are several fair dealing exceptions that specifically apply to films and broadcasts but these educational exceptions are limited to instruction, examination and assessment purposes only. Any further use of copyright content, particularly if it is regarded as commercial (e.g. publishing, concerts, conferences or personal portfolios) requires copyright permission from the rights owner. Therefore be aware that the fair dealing exception does not allow you to invite non-school audiences (including parents) to activities where you are using films or broadcasts under a fair dealing exception.

Can I use the fair dealing exception for conferences and public events?

No. Using other people's material without their permission at a conference or other type of public event could potentially breach their copyright - the legal exceptions and licences which allow you to use third party material for teaching may not apply at conferences or public events.

What about using images?

Images can sometimes be more effective at illustrating a point than a large amount of text but do not assume that because an image is shared on a website you can re-use it. UK copyright law allows you to use other people's images for educational purposes, providing they are relevant to your work (i.e. not just for decorative purposes) and that you have used no more than is required for your specific purpose. Additionally, images often have copyright statements attached to them and you should always reiterate these when they do.

If you are using third-party copyright images which are integral to your work as a teacher you can use the term illustration for instruction to justify your use and this is similar to the fair dealing exception discussed above. Some examples of images used as illustration for instruction might be (but are not limited to):

  • displaying a copy of a piece of artwork for discussion in a lecture
  • using a figure from a textbook in a course handout
  • taking a screenshot from social media for an assignment

Ensure that your material is not shared outside the classroom (physical or virtual), or with anyone other than the markers in the case of assessed work, otherwise look for images which are licensed for re-use in an educational context (or royalty free).

Some caveats:

  • Using your own photos of artworks and panoramas may still breach the author/creator's copyright. Although an artist's copyright may have expired, the gallery exhibiting the work may have a no photographs policy which doesn't allow for educational use so check this before you start taking photos.
  • The country where you took the photo may impose legal restrictions on the reproduction of copyright material sited in public (France, Italy and Greece have these).
  • Corporate logos - avoid these as they are likely to be trademarked and protected by copyright.
  • Ensure that any logo which you reproduce for the purpose of instruction doesn't leave the (physical or virtual) classroom. Otherwise contact the company for permission to use their logo in your educational material.

Sources of copyright free images

Useful copyright resources