Digital formats, and the ease with which they can be copied, shared and manipulated, have created many challenges. New technologies are constantly being developed, which the current legal systems are often not equipped to deal with.
Some examples of commonly encountered issues and how to handle them with reference to the relevant clauses of the 1988 Copyright, Designs and Patents Act:
The embedding of copyright material in electronic presentations is restricted as it requires copying of the material. It could also involve a performance of the work when the presentation is publicly presented, and if recorded or made available on the open web it will involve a communication to the public.
The showing, playing or performing of a copyright work for the purposes of instruction is allowed under a well-established exception (S34), but the audience must be limited to teachers, students and those directly connected with the activities of the establishment. The new exception for illustration for instruction (S32) is also likely to cover reproduction of textual extracts, figures from publications and extracts of audio-visual material in a teaching scenario, but again the usage must be fair. It might also be possible to apply the criticism and review exception if the use of the copyright material is for genuine critical analysis. However in cases where it is unclear if the proposed use of copyright material is covered by an exception, and the copyright holder has not given permission, you may need to make a decision based on an assessment of risk. Some useful questions to ask when assessing risk are:
You should exercise caution when determining whether exceptions apply. For example adding a number of images to a PowerPoint presentation may be considered fair for the purposes of showing them in a lecture, but if posting the presentation on Moodle increases the number of people who might access the images this could stop it from being regarded as fair.
If you are planning to record (or narrate) lectures or presentations and upload them to Moodle you will be required to have cleared rights in all third party material or rely on relevant statutory exceptions. You may need to apply a risk based approach where it is not possible to clear all the rights (e.g. use of orphan works for which it is not possible to clear rights) but be aware that the more widely available the content is, the higher the risk.
Do not upload material to Moodle if rights are not cleared.