Exceptions for education and teaching

One of the most important exceptions for education permits the use of any type of work for the purpose of teaching (or as the law puts it: ‘for the sole purpose of illustration for instruction’). This means that copyright in the work is not infringed by an individual teacher or a student as long as they are copying the work to give or receive instruction (or when preparing to give or receive instruction), and the copying is used to illustrate a point about the subject being taught. Also, the law makes clear that ‘giving or receiving instruction’ allows copying when setting examination questions, communicating questions to students, and answering questions.

However, the exception only applies under the following conditions:

1) The purpose of the use is non-commercial
2) Where practical, there should be sufficient acknowledgement of authorship of the work
3) The use of the material is fair

There are two other important things to know about this exception. First, it applies to all types of teaching, not just teaching within a traditional educational establishment. Second, the exception cannot be overridden by contract. This means that any term of a contract seeking to prevent or restrict copying under this exception is unenforceable in law.
The law also recognises a number of other situations in which educational establishments are allowed to benefit from suspension of the rules that normally govern the use of copyright works.