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Teaching in educational establishments

A number of exceptions apply to schools, universities and other educational establishments.  These are:

  • Copying a literary (written), dramatic (theatrical performance), musical or artistic work (paintings, drawings, photographs, etc) in the course of teaching as long as a reprographic process is not used (reprographic process means using a fax machine, photocopier or any appliance which makes multiple copies). Therefore, this exception could cover teachers writing material on the board or an overhead projector and students making their own copies by writing, painting, typing, etc.
  • Anything done for setting or answering examination questions (this does not include photocopying music that is to be performed in an exam)
  • Performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment.  It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children.
  • Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment where there is no licensing scheme in existence. Generally a licence will be required from the Educational Recording Agency External Link

Making copies by using a photocopier, fax, and so on, on behalf of an educational establishment for the purpose of non-commercial instruction generally requires a licence from the Copyright Licensing Agency External Link.

In many cases use of the work must be accompanied by a sufficient acknowledgment.

Fast Facts

  • The education exemptions are found in Chapter III sections 32-36A of the Act