What is educational purpose?

Advice for those new to the concepts of copyright
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Halie0201
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What is educational purpose?

Post by Halie0201 » Wed Sep 07, 2016 7:34 am

To use a work for educational purpose can be considered to be fair use or fair dealing. Then what is the exact scope of the educational purpose? Is the gospel preaching of a church a educational purpose? It's to make others know how to know God.

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AndyJ
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Post by AndyJ » Wed Sep 07, 2016 2:54 pm

Hi Halie,

The exceptions for the purposes of education are contained in ss 32 - 36A of the CDPA 1998, along with parts of Schedule 2 relating to performances (see paras 4 -6). Note that, in the main, the exceptions in ss 32 -36A only apply to literary, dramatic, musical or artistic works, and broadcasts in the case of s 35. Section 36 does not apply to artistic works. Only one part of each of s 32 (sub-section (2)) and s 34 (sub-section (1)) apply to sound recordings or films.

These exceptions fall into two categories: those permitted within educational establishments and those concerned with instruction and examinations.

Educational Establishments.
The Act defines these (at s 174) as any school within the meaning set out in the Education Act 1996 or the corresponding Education Acts for Scotland and Northern Ireland. In addition the Secretary of State has made a number of orders which extend the term Educational Establishment to include universities, colleges of further education and some specialist establishments such as theological colleges. Since the definition and the additional establishments added by secondary legislation are quite specific, it is clear that the sort of teaching you refer to would not fall within this heading. There are lots of special provisions which apply to copying done within educational establishments, but since they don't apply to your question I won't cover them here.

For the purpose of instruction or examination.
This category is much wider and so might well include the sort of teaching you refer to. It would certainly cover activities like Sunday Schools or Bible study classes carried on outside formal educational establishments. However, the actual permitted activities are fairly limited. While a literary, dramatic, musical or artistic work may be copied for the purposes of instruction, the copying must be done by the person either giving or receiving the instruction and may not be done by reprographic means. To all intents and purposes, this means the copying must be done by hand - for instance, the instructor writing something on a whiteboard, and the students copying it into their notes. The use of photocopiers, duplicators or even personal cameras/phones would not be allowed, and of course it must not be for commercial purposes and must be fair dealing in the work. Sound recordings, films or broadcasts may be copied, but only were the instruction is in the making of a film, sound recording etc. This exception was added in 2003 specifically to allow the teaching of film-making techniques at places like the Royal College of Art and the National Film and Television School.

So although the instruction or examination purposes would probably cover the sort of activities you describe, they don't actually allow you to do so via videos or broadcasts or the like, and so they would really only apply to face-to-face instruction. Clearly this is an area where the law lags some way behind current technologies and teaching practices.
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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Post by sagittarius » Thu Nov 03, 2016 4:47 am

Well, I am not wise but so far I think to know thyself is the main purpose of education. When you can know yourself you can know about God.

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