Can I copy someone else's work legally?

Copyright law allows limited copying for certain specific purposes, these are known as copyright exceptions.  

Purposes that are most applicable to university activities such as teaching, studying and research include:

1. Scanning or photocopying material for private study or non-commercial research (please see section below on Fair Dealing)
2. Copying material such as photographs, illustrations, maps, tables, text, musical scores and recordings for non-commercial purposes when teaching, setting examination questions, writing an essay, thesis, or creating an artwork for assessment. (Please see Fair Dealing below and the relevant sections on the left Teaching and Copyright, Studying and Copyright and Theses and Copyright if appropriate.) 
3. Criticism, review and quotation of published works within your thesis, research article, conference proceeding or book chapter. (Please see Fair Dealing below and the sections on the left Theses and Copyright and Research, Publishing and Copyright if appropriate.)
4. "Performing, playing or showing work in course of activities of educational establishment" (CDPA 1988 as revised and amended) This could be a student performance of live music or a play, the showing of a DVD film or a sound recording. This is only for educational purposes and not for a public audience. Lecture capture recordings of such showings or performances for online is not normally permitted and will need editing out. (See the section on left Teaching and Copyright and Lecture capture for more information.)
5. Reproducing copyright works in an accessible format for disabled people to enjoy the work to the same degree as a person who doesn't have that disability. This is only for personal use and if suitable accessible copies are not commercially available.
6. Text and data analysis for non-commercial research purposes. Researchers must have lawful access to a copy of the work, such as through a library subscription. You must provide sufficient acknowledgement unless this is not practical. Please see the relevant section on the left for Research, Publishing and Copyright.

The first three purposes only apply if 'Fair Dealing' has been used. You need to consider not only the quantity of the amount used but also the quality and how your use may impact the copyright holder. See Fair Dealing below.

What is fair dealing?

Fair dealing is a legal term that refers to whether your re-use of someone else's work is lawful or infringes their copyright. You are allowed to copy an "insubstantial" amount of a published work for private study and certain other purposes. But what does "insubstantial mean? Copyright law doesn't give a definition or specified amount for "insubstantial", it will always be a matter of fact, degree and impression in each case. One way to judge your usage would be to consider 'What if it was your work being used without payment or permission?'. The animated video below by the Intellectual Property Office (IPO Education) helps to explain how Fair Dealing works.

How do I decide if my re-use is fair?

Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:

1. Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair*
2. Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used*
3. Have you sufficiently acknowledged the source, unless it is impossible for reasons of practicality? 
4. Your use of the work is not derogatory or negative, unless you are actively critiquing it.
5. Your use applies to the following exceptions:
   • Non-commercial research or private study - copying can be done on the researcher's behalf but the copy must be for their personal use only and cannot be shared
   • Criticism, review, quotation - (when using criticism and review, the published material needs to be accompanied with a critical appraisal or discussion) and news reporting - (reporting current events does not include photographic works)
   • Illustration for instruction (non-commercial educational purposes such as lectures or when setting and answering examinations and assessments) copying can be done by the lecturer or student but not via a reprographic process
   • Caricature, parody or pastiche - it's possible to use limited amounts of copyright protected material with fair dealing. For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.*
   • Text and/or data analysis for non-commercial purposes (this is not limited by fair dealing)

*Quoted from Gov UK guidance Exceptions to Copyright, Intellectual Property Office 2014 

https://www.gov.uk/guidance/exceptions-to-copyright#fair-dealing - Accessed 14th November 2023