For teaching staff

Lectures seminars and classes

• If you are delivering a lecture or seminar presentation, you may use any image to illustrate a point that you are making. Wherever practically possible, you should always include an acknowledgement of the source of the image.
• If you wish to use an image which does not illustrate a point in your teaching, e.g. for decorative purposes, you should only use an image where you have explicit permission for this sort of re-use - see guidelines below on Image sources and Finding images that are free to use.
• For more information about the legal exception which allows you to use copyrighted works for illustration for instruction, see section 32 of the Copyright, Designs and Patents Act 1988 (CPDA 1988)

Images in Moodle

If you use images in your teaching and you wish to make your lecture slides or teaching material available in Moodle for Oxford Brookes registered students, follow these guidelines:

• You must set your learning materials in a context that makes it clear how they relate to the teaching of the course. All the images you use should illustrate points you are making in your teaching.
• If you provide other images in Moodle, you must relate them clearly to a particular learning activity or make it clear how they illustrate points in your teaching.
• You should always include an acknowledgement of the source of the image, wherever this is practically possible.
• These guidelines above are based on the legal copyright exception enabling illustration for instruction, as laid out in section 32 of the Copyright, Designs and Patents Act 1988 (CPDA, 1988).

The sites below contain images which may be used for teaching, in Moodle and for other educational purposes. They may only be used for teaching Oxford Brookes registered students; they should not be used on open web sites or MOOCs.

• ARTstor - high quality art historical images useful for a wide range of subjects
• Bridgeman education - art historical images useful for a wide range of subjects
• British cartoon archive - cartoons from newspapers and other sources going back to the 19th century, particularly strong for politics and news coverage.
  Note: First-time users will need to register. To download images please first run a search. After searching, click on 'Use this image', select 'non-commercial educational context in the UK' (if appropriate), pick Oxford Brookes from the list of institutions and read and agree to the terms and conditions before proceeding. Please login with your Oxford Brookes username and password. You will then be presented with the option to download the image.

Finding images that are free to use

• If you want to find images for use on open web pages, or for MOOCs, or for publication, it is advisable that you seek permission from the rights holder. However, you may be able to reproduce images without permission under certain conditions:
  • The image is 'out of copyright', meaning that the duration of copyright protection has expired and the work has entered the public domain. There is guidance on the duration of copyright for different types of works on the UK government website. You should be aware that these can vary from country to country, so you should always check the duration applicable in the UK. If your students are based overseas, you will also need to check the relevant copyright legislation in that country. 
  • A formal legal exception to copyright law, such as section 30 of the CPDA 1988, Criticism, review, quotation and news reporting, means you can use the image online.
  • The image is licensed for reuse under a Creative Commons licence, or similar (see below)
• There are a number of images and image sites on the internet where the rights owners explicitly give permission for their images to be reused. You may use these images under the terms and conditions set by their rights owners. Sometimes these sites will use Creative Commons licences.
• Sites like Wikimedia Commons and Flickr contain images uploaded by contributors, but often contain material that has been illegally copied. You should only use images from websites if you are confident that the person who uploaded the image is the person who created or owns the copyright in the image. Also, some non-UK websites may give copyright advice which does not apply in the UK. You should always be wary of claims that an image is in the ‘public domain’ and do your own checks.
• The Intellectual Property Office's Copyright notice on digital images, photographs and the internet provides further information.

Lectures seminars and classes

• You may play films, video, DVDs and television programmes in lectures or seminars delivered to Oxford Brookes students (see section 34 of the Copyright Designs and Patents Act 1988). 
• In exceptional and limited circumstances (i.e., where content is unavailable elsewhere but access is necessary for pedagogical purposes) staff may use their personal subscriptions to streaming services to show works to Oxford Brookes students within an instructional setting.
• You may copy clips to show in lectures and seminars in order to illustrate a point in your teaching. Any clips should be short and no longer than is necessary to illustrate the points you wish to make. Where possible, clearly state the source of the material and credit the rights holder.

Television programmes

• The Library subscribes to Box of Broadcasts. This service gives you access to thousands of recorded radio and TV programmes. It allows you to record programmes which will then be stored on the database. You can create clips and playlists of programmes or clips. You may use Box of Broadcasts to show programmes to Oxford Brookes students for educational purposes.

Film, video, DVDs and television programmes in Moodle

You may include clips from this sort of material in your Moodle courses for Oxford Brookes registered students if you follow these guidelines:

• Each clip should be no longer than is necessary to illustrate the points you wish to make.
• You must set the clip in a context that makes it clear how it relates to a point you want to illustrate or to a particular learning activity.
• You should include an acknowledgement of the source of the clip, wherever this is practically possible.

Embedding links to film, video and TV programmes

• You may embed links in your Moodle courses to videos from services like Box of Broadcasts or YouTube. If you want to embed a link to material in a site like YouTube, you should check first to make sure that the material has not been uploaded illegally. You should only link to material if you are confident that the person or organisation that uploaded the material is the rights owner of the material or has their explicit permission.

Other uses of film and video

• You may only show film, video, DVDs or TV programmes to Oxford Brookes students in connection with their course. You must not show this sort of material to Oxford Brookes students for recreational purposes (unless you have obtained a licence which allows this).
• You must not show this sort of material to people who are not Oxford Brookes students (for example people attending a public lecture, prospective students, students' parents) unless you have obtained a licence which allows this.
• If you need to apply for a licence to show film, television or video content, there is more information available on the Estates & Campus Services Service Desk page.

If you record your lecture and share it on Moodle, you will need to consider the following issues.

Copyright

• You can share the same types of content with your students via a recorded lecture as you can in a classroom environment under the ‘illustration for instruction’ exception to the Copyright, Designs and Patents Act 1988 (section 32). 
• This includes limited extracts from copyright material, if they are intended to illustrate a point in your teaching. Anything you include should be limited to what is necessary to illustrate the points you wish to make. Wherever practical, you should include an acknowledgement of the source of any copyright material.
• If your lecture includes longer extracts, or full works, and that use may undermine the rights holder’s ability to exploit their copyright (i.e. sell or licence copies of their work), you should exclude these from the lecture capture. This may include high resolution images, performances of literary or dramatic works, music or moving images played from recorded media, and streamed content via sources such as Box of Broadcasts, iPlayer, or YouTube. It should be possible to use the lecture capture software/equipment to exclude copyright material (e.g. by editing it out or pressing a pause button during recording).
• You should only make the recording available to students enrolled on the course for which it was made.

Consent

• You should always inform students attending the lecture that it is being recorded. Explicit consent is not required to make the recording, but you should consider whether students attending the lecture will need to give consent to the use of their intellectual property.
• Students can choose not to participate in recorded sessions.
• There is more information available in the Recording Teaching and Academic Contact Sessions Policy.

Further information and help

• See JISC's Legal Considerations for Recording Lectures.
• See also copyright guidelines on Using images in teaching and coursework and Using film and video in teaching and coursework above.

The  Copyright Licensing Agency's (CLA) Higher Education licence also allows the photocopying of book chapters and journal articles to be given to students as handouts under the same terms as those used by the Library Scanning for Teaching Service.

The number of copies made of any one item should be limited to one copy each for students on the module and one copy for the lecturer. All credit-bearing undergraduate and postgraduate courses which are delivered by Oxford Brookes staff are covered by the Licence. Some short courses and some courses delivered outside Oxford Brookes premises may not be covered by the Licence. You can contact libraryscanning@brookes.ac.uk for more advice.

The CLA has also provided specific guidance for academic staff.

Newspapers

Providing photocopies from newspapers is covered by the NLA Licence, rather than the CLA Licence. Under the terms of the licence, you can upload and store copies of articles on a VLE (Moodle) or a closed intranet, and email copies to students and staff.

You can search for specific newspapers covered by the NLA Licence using the NLA Media Access title search. You can also download this information as a spreadsheet from the same page.

Providing printouts from webpages

Unless online content available over the open web is explicitly licensed for reuse, for example under a Creative Commons licence, we recommend sharing a link to the page you are referencing, rather than printing the content for students.

If you wish to provide a handout to your students, and the content is not explicitly licensed for this purpose, you should limit the amount copied to only what is necessary to illustrate a point in your teaching (CPDA 1988, section 32), or so your students can criticise or make comments on a specific section of the work (CPDA 1988, section 30). 

You should never assume that, just because something is freely available online, copyright does not apply.

Small extracts, images and quotations

It may be possible to copy small amounts of a publication without regard to the CLA Licence. You may copy a small amount of a publication in order to illustrate a point in your teaching, or to enable you, or your students, to criticise or make comments on that part of the publication.

You may find guidance on the internet which suggests that 40 lines of poetry or 400 words of a longer work is a ‘reasonable’ length for an extract. However, this is not quantified in UK copyright law and the amount may vary depending on the length of the work and how critical the extract you want to copy is to the whole (for a poem, it may only be one or two lines). The general rule of thumb is whether, by copying the work, you are depriving the rights owner of potential revenue through sales or licensing. You should always consider the perspective of the rights owner when making this judgement and whether you would consider it fair if you were the creator of the work. 

You should always include an acknowledgement of the publication from which the copy has been made. Works in which copyright has expired may be copied freely.

The Society of Authors has some useful guidance on using the work of others without requesting explicit permission.

Most of the digital resources that the Library subscribes to allow you to link to copies of individual articles, ebooks and book chapters, either directly from your Moodle course or a Talis Aspire reading list. This should always be your preferred method of sharing this type of content with your students. 

Some, but not all, of the licences allow you to upload copies to your Moodle course, or print them out to give to your students. If there is a particular reason why you are unable to link to an article, or you would like to confirm whether a particular resource can be shared in this way, you can contact readinglists@brookes.ac.uk for advice and we will check the specific licence terms. 

Each item made available to students should acknowledge the source, listing title, author, publisher and copyright owner.

If the item you want to share is not available via a Brookes subscription, or is only available in print, you can request a copy via the Scanning for Teaching service.