Q. What are Exceptions and Fair Dealing?

Exceptions in copyright include:

Instruction

The fair dealing exception for the purpose of instruction for illustration allows lecturers to copy a small amount of material where necessary to illustrate a teaching point. This includes for examination purposes. The exception operates for materials such as music, video as well as text materials. The use must be for non-commercial purposes and include sufficient acknowledgement.

Research

Researchers and students are allowed to copy limited extracts of works including sound recordings, films and broadcasts for non-commercial research and private study. The amount is limited by fair dealing and again must include sufficient acknowledgement.

Criticism and Review 

Where a short extract from a work is used to support or illustrate criticism of the work or as part of the review of the work, then it is not necessary to get the right holders permission to use the extract. The use must also be fair dealing and once again include sufficient acknowledgment.

Fair Dealing

Fair dealing requires a judgment to be made. Each case is different. But where the use would not affect sales of the work and where the amount of work copied is reasonable and appropriate then it is likely that it can be considered fair dealing.

Accessibility

Accessible copies of a copyright work can be made for students with additional support needs if it is for their personal use and the work is inaccessible to them without the adaptation. For further information please refer to our accessibility page.

Quotation

It is already allowed to use quotations from copyright works under the criticism and review exception. This exception makes it easier to use extracts from copyright works in teaching and learning, VITAL, course and distance learning materials and commercial publications etc.

Text and Data Analysis 

This exception enables UK researchers to copy a work in order to analyse it using text and data mining technologies. The exception applies where the analysis is for the purpose of non-commercial research. When using this exception, you must already have lawful access to the particular copyright work through subscription.

Caricature, parody and pastiche 

This exception has been introduced to allow use of copyright work for the purposes of caricature, parody and pastiche. Students and academics might find uses for this, eg in creating and publishing user-generated content in some disciplines.