I though this was handy on the OER-DISCUSS mailing list:
Our copyright officer writes:
… US Copyright ‘Fair Use’ or S29 copying for non-commercial research and private study which allows copying but the key word here is ‘private’. i.e. the provisos are that you don’t make the work or copies available to anyone else.
Although there are UK Exceptions for education, they are very limited or obsolete.
S.32 (1) and (2A) do have the proviso “is not done by reprographic process” which basically means that any copying by any mechanical means is excluded, i.e. you may only copy by hand.
S36 educational provision in law for reprographic copying is
a) only applicable to passages in published works i.e. books journals etc and
b) negated becauses licences are now available S.36 (3)
S.32 (2) permits only students studying courses in making Films or Film soundtracks to copy Film, broacasts or sound recordings.
The only educational exception students can rely on is s.32(3) for Examination athough this also is potentially restrictive. For the exception to apply, the work must count towards their final grade/award and any further dealing with the work after the examination process, becomes infringement.
I’m not sure how they are using Voicethread, but if the presentations are part of their assessed coursework and only available to students, staff and examiners on the course, they may use any Copyright protected content, provided it’s all removed from availability after the assessment (not sure how this works with cloud applications though)
There is also exception s.30 for Criticism or Review, which is a general exception for all, and the copying is necessary for a genuine critique or review of it.
If the students can’t rely on the last 3 exceptions, using Copyright free or licenced material (e.g. Creative Commons), would be highly recommended.
Kate Vasili – Copyright Officer, Middlesex University, Sheppard Library