What are the exceptions to copyright?

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There are certain circumstances in which copyright doesn’t apply, meaning copying of work without authorisation isn’t unlawful.

Exceptions to copyright

Exceptions to copyright include:

  • Copying limited extracts of work for non-commercial research or private study
  • Copying of text and data mining in the analysis of trends and other useful information, provided the person doing the analysis has lawful access to the information and it’s for non-commercial use.
  • Copying for criticism, review, or quotation, or to report on current events. However, this excludes photographs.
  • Copying of work in any medium if done to illustrate a point for educational purposes.
  • Performing, playing, or showing a copyright work in an educational establishment for educational purposes.
  • Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment, unless the holder of the copyright has created a licence in respect of the work, in which case a licence would be required to use the work.
  • Making photocopies on behalf of an educational establishment for the purpose of non-commercial instruction, unless the holder of the copyright has created a licence in respect of the work, in which case a licence would be required to use the work.
  • Copying work if you have a disability which prevents you from accessing material which you have lawful access to or ownership of.
  • Educational establishments and charity organisations which make accessible format-copies of copyright work on behalf of disabled people.
  • Recording of a broadcast in a domestic premise to view or listen to later, provided it’s for private and domestic use.
  • Using a limited amount of copyright material for parody, caricature, or pastiche, to the effect that the use is ‘fair dealing’ (see below).
  • Cultural and heritage organisations digitising work which they hold and displaying it on their website for non-commercial use, provided the work is orphan work (i.e. one or more of the copyright holders is unknown or can’t be found).

Some exceptions only apply if there is ‘fair dealing’. This requires consideration of whether the use of the copyright work is lawful or whether it infringes copyright. This is a question of fact, degree and impression because you need to consider ‘how would a fair-minded and honest person have dealt with the work?’