Essential copyright exceptions (useful to know when lecturing):

Illustration for instruction

• for a non-commercial purpose
• by a person giving or receiving instruction (or preparing for giving or receiving instruction)

Criticism, review and quotation 

• the work has been made available to the public
• demonstrates a critique or review of the third-party material used
• if using the quotation exception, the quotation used is no more than is required for the purpose

All need to have sufficient acknowledgement, unless this is practically impossible, and all are subject to fair dealing. Please see section on the left 'Fair Dealing' and copying legally for more information. See the infographic How can I copy third-party material legally? Quick guide.

Disability exception

• An accessible copy can be made for any disability if there is no copy already available. Fair dealing does not apply.

Resource Lists

The University of Derby subscribes to a Copyright Licensing Agency (CLA) licence for Higher Education which allows us to digitise extracts from books or journals for students to access using a secure network (VLE). There are specific criteria of use, in particular:

• Books: 10% of or one chapter (whichever is greater)
• Journal issues/conference proceedings volumes: two whole articles in any single issue; or, where the issue, or a substantial part of it, is dedicated to a particular theme, any number of articles dealing with that particular theme
• Law Report volume: whole report of a single case
• We must own a copy or have a copyright-cleared copy from another library
• The publication must be covered by the CLA licence – coverage can be checked on the CLA website
• Researchers can share content with other UK HEI's (that hold a CLA licence) in connection with collaborative research projects
• These must be requested by yourselves and made available via Resource Lists
• The Resource List cannot remove the need for students to buy a textbook if there is one available
• See Resource Lists Digitisation Service for more details, or contact Resource Lists
• Please remain copyright compliant and don't make digitisations of published materials on Blackboard unless you have copyright permission, you own the copyright to the work, or copyright protection has expired. The Digitisation Service is responsible for making digitised copies available to students and is required to keep records of what has been produced to the CLA. 
• See the Blackboard section above for more information

Course Packs

• Lecturers can make hard copy course packs with our CLA licence. Coverage can be checked on the CLA website to make sure photocopying from the publication is allowed
• They have to follow the same CLA guidelines as stipulated for Resource Lists 

• The extracts within the course pack cannot replace the need for students to buy a textbook if there is one available

• See Resource Lists Digitisation Service for more details, or contact Resource Lists

Reproducing images

• It is possible to copy photographs, diagrams, tables or illustrations from publications covered under the CLA licence for educational purposes - coverage can be checked on the CLA website. If the images are separate to the original text then they must be labelled and acknowledged as copied under the terms of the CLA licence. Please read the CLA licence section for guidance.
• Images from publications not covered under the CLA licence could be used under the 'Illustration for instruction' exception but make sure that your use is insubstantial.
• Standalone images that are not part of another publication will need to either be used under a Creative Commons licence or will need written copyright for your use. Please read the section What is Creative Commons? for more information. We also have a dedicated guide called 'Finding Images and Video'.

Creative Commons Licences

• Creative Commons licensing allows creators to retain their copyright and choose how others can legally copy, share and build upon their work. 
• CC licenced material must be referenced or attributed (unless the creator has waived all rights to the work including attribution by using a CC0 public domain dedication tool).
• Please read What is Creative Commons? section on the left side of this guide

Broadcasts

• The University of Derby subscribes to a Educational Recording Agency (ERA) Licence which allows broadcasts from members of the ERA such as BBC, ITV, Channel 4 and 5 and the Open University. 

• Under the terms of this licence you are permitted to show programmes in lectures, tutorials etc and create clips or extracts to embed in presentations or PowerPoints, as long as the content is used as broadcast. 

• Broadcasts can not be made available outside of the UK.

• See the Frequently Asked Questions on the ERA licence website.

Blackboard

• Do not make digitisations of published material available on Blackboard unless:

  • you have written copyright permission to do so,

  • copyright protection has expired (see section on how long copyright lasts),

  • or you own the copyright

• Link to material on reputable websites (not deep linking)

• DVDs cannot be digitised and made available on Blackboard without written copyright permission from the rightsholder

• See Lecture Capture section

Lecture Capture

• You will need to ensure that any copyrighted materials are removed from the recording unless you have written copyright permission, the materials are licenced under the CLA , or you can use one of the copyright exceptions as mentioned in Essential copyright exceptions (see above tab).

• Broadcasts including films covered under the Educational Recording Agency (ERA) licence in the UK are allowed within the UK. If you are using a substantial amount of a film not covered under the ERA licence it will need to be removed. See ERA website for more information.

• Make sure to inform everyone attending that the session will be recorded and obtain permission from anyone appearing or contributing to the discussion in the recording. Make sure anyone who does not want to appear in the recording is seated away from the camera and their verbal contribution is removed. 

• Please see the section Lecture Capture and the Jisc guide for more in-depth information. 

Using your own published material in teaching

• If you have previously signed a Copyright Transfer Agreement (prior to 1st October 2024) transferring the copyright of your work to the publisher you will need to look at the publisher's Terms & Conditions to determine if they will allow you to re-use the material in your teaching. Generally there is a clause that will allow you to do so.

• From the 1st October 2024, you can retain your copyright to your Author Accepted Manuscript (AAM) by including a Rights Retention Statement (RRS) informing the publisher at the point of submission. This will enable you to re-use your AAM for teaching and even publish your AAM Open Access (under the default Creative Commons-Attribution v4.0 licence (CC-BY v4.0) in the UDORA repository at the time of publication. Please read our informative guide Research Publication, Open Access and Rights Retention Policy for more detail.

• Depending on the publisher it might be possible to use the published version (Version of Record) in your teaching but you would need to check with the publisher first.