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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I'm writing an online training course training company

Resolved Question:

I’m writing an online training course for a training company which plans to sell it. I am responsible for ensuring that copyright permissions are obtained where necessary. My course is in ten sections each containing about 10,000 words. I would like to know the maximum extent to which I can quote from the following sources without asking permission:
Newspaper articles
Magazine articles
Online newsletters
Books
Academic research
Annual reports and accounts of multinational corporations and banks
I would also like to know if there are rules on how I need to reference my sources. Can I simply use a weblink as a source, where appropriate?
What are the rules on paraphrasing? Is this more acceptable if I am using several sources?
Looking forward to hearing your thoughts.
Many thanks,
Alan
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Alan,

If you are reviewing or criticising the contents of the Articles, Newsletters etc. then you are allowed to quote parts of the contents provided the Articles, Newsletters etc are in the public domain, you acknowledge the source (e.g. when quoting you may say Newsletter dated xxyyzz or post a weblink to the Newsletter, Article etc), you write your assessment or review of the work quoted and you only copy what you think is necessary for your purpose.

If you are in doubt, the best thing would be to contact the copyright owner and seek their permission to "copy" their work.

May I help further?
Customer: replied 2 years ago.

I am not 'reviewing or criticising the contents of the Articles, Newsletters etc'. 'I’m writing an online training course for a training company which plans to sell it' - as I said in my question. So I would like to know 'the maximum extent to which I can quote from the following sources without asking permission:

Newspaper articles
Magazine articles
Online newsletters
Books
Academic research
Annual reports and accounts of multinational corporations and banks.

Can you tell me this please?

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid you need to seek permission beforehand as you will be using the material for commercial purposes.
You may not copy any of it without consent.
All the best
Customer: replied 2 years ago.
Relist: Answer quality.
Customer: replied 2 years ago.

I don't understand why, with no new information, you have changed your answer. Would you please explain this to me.

Expert:  UKSolicitorJA replied 2 years ago.

You clarified that you were not reviewing or assessing the work when using it in your online training courses. If you were reviewing or assessing it in your training course write up, then you would have been able to use it under the "Fair Dealing" exclusions as advised by me previously.

The other exclusion that may apply to you is the "Teaching" one, see below:

Teaching

Several exceptions allow copyright works to be used for educational purposes, such as:

  • the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing. This means minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not
  • performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children
  • Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment, provided there is no licensing scheme in place. Generally a licence will be required from the Educational Recording Agency)
  • making copies by using a photocopier, or similar device on behalf of an educational establishment for the purpose of non-commercial instruction, provided that there is no licensing scheme in place. Generally a licence will be required from the Copyright Licensing Agency

The above appears here: https://www.gov.uk/exceptions-to-copyright

Hope this clarifies

Customer: replied 2 years ago.

I had read that I could quote up to 50 words of a newspaper article and 300 words of a book. Is this true?

Expert:  UKSolicitorJA replied 2 years ago.
That is not applicable in your case as you are not reviewing or criticising the work.
Customer: replied 2 years ago.

Surely I can quote from an annual report?

Expert:  UKSolicitorJA replied 2 years ago.
You are quoting for commercial purposes I,e for an online training course and so, unless the education exemption applies, you cannot quote without the consent of the copyright owner.
Hope this clarifies
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.

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