PLS need info copyright .. can I do this

'Is it legal', 'can I do this' type questions and discussions.
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tandrli
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PLS need info copyright .. can I do this

Post by tandrli » Mon Jan 23, 2012 10:33 pm

I'm reading this few days copyright law ... but just cant find this answer

can I Use copyright material for educational purposes, but for profit .. as live presentation - seminar etc
so that mean no DVD or TV broadcast

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AndyJ
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Post by AndyJ » Tue Jan 24, 2012 2:53 pm

Hi Tandrli
Assuming you are talking about doing this in the UK, then I think holding seminars would probably be outside what the Copyright Designs and Patents Act means by 'in the course of instruction or of preparation for instruction'. Here's the complete text of Section 32 which covers the area you are talking about:
32 Things done for purposes of instruction or examination.

(1)Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—

(a)is done by a person giving or receiving instruction,

(b)is not done by means of a reprographic process, and

(c)is accompanied by a sufficient acknowledgement,

and provided that the instruction is for a non-commercial purpose.

(2)Copyright in a sound recording, film or broadcast is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying—

(a)is done by a person giving or receiving instruction, and

(b)is accompanied by a sufficient acknowledgement,

and provided that the instruction is for a non-commercial purpose.

(2A)Copyright in a literary, dramatic, musical or artistic work which has been made available to the public is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—

(a)is fair dealing with the work,

(b)is done by a person giving or receiving instruction,

(c)is not done by means of a reprographic process, and

(d)is accompanied by a sufficient acknowledgement.

(2B)The provisions of section 30(1A) (works made available to the public) apply for the purposes of subsection (2A) as they apply for the purposes of section 30(1).
(3)Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions, provided that the questions are accompanied by a sufficient acknowledgement.

(3A)No acknowledgement is required in connection with copying as mentioned in subsection (1), (2) or (2A), or in connection with anything done for the purposes mentioned in subsection (3), where this would be impossible for reasons of practicality or otherwise.

(4)Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

(5)Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it shall be treated as an infringing copy for the purpose of that dealing, and if that dealing infringes copyright for all subsequent purposes.
4For this purpose “dealt with” means—

(a)sold or let for hire, offered or exposed for sale or hire; or

(b)communicated to the public, unless that communication, by virtue of subsection (3), is not an infringement of copyright.
This occurs within a group of sections under the general heading 'Education', and other sections then go on to speak about Educational Establishments. The definition of an Educational Establishment is covered later in the Act in Section 174:
174 Meaning of “educational establishment” and related expressions.

(1)The expression “educational establishment” in a provision of this Part means—

(a)any school, and

(b)any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State.

(2)The Secretary of State may by order provide that the provisions of this Part relating to educational establishments shall apply, with such modifications and adaptations as may be specified in the order, in relation to teachers who are employed by a local authority (as defined in section 579(1) of the Education Act 1996) or (in Northern Ireland) a local education authority, to give instruction elsewhere to pupils who are unable to attend an educational establishment.

(3)In subsection (1)(a) “school”—

(a)in relation to England and Wales, has the same meaning as in the Education Act 1996;

(b)in relation to Scotland, has the same meaning as in the Education (Scotland) Act 1962, except that it includes an approved school within the meaning of the M2Social Work (Scotland) Act 1968; and

(c)in relation to Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986.

(4)An order under subsection (1)(b) may specify a description of educational establishment by reference to the instruments from time to time in force under any enactment specified in the order.

(5)In relation to an educational establishment the expressions “teacher” and “pupil” in this Part include, respectively, any person who gives and any person who receives instruction.

(6)References in this Part to anything being done “on behalf of” an educational establishment are to its being done for the purposes of that establishment by any person.

(7)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
That makes it fairly clear that education and instruction are intended to be narrowly confined to the conventional school or university environment for the purposes of any special dispensation over copyright. Obviously the fact that Section 32 only applies "provided that the instruction is for a non-commercial purpose" tends to rule out what you are talking about anyway.

If you only wish to quote some literary text or show a very short clip of film in order to illustrate a particular presentation which is intended as a criticism or review, then you may be able to claim this is fair dealing under Section 30, but you would need to ensure there was adequate acknowledgement of the source of anything you use.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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