Section 11 of the Copyright and Neighbouring Rights Act 2000 contains two distinct teaching permissions with different conditions.
Section 11(1)(a) — reproduction by way of illustration
The reproduction of a short part of a published work for teaching purposes, by way of illustration, writings or sound or visual recordings, may be made without authorisation — provided that such reproduction is compatible with fair practice and does not exceed the extent justified by the purpose.
The conditions mirror section 10: a short part, of a published work, compatible with fair practice, and not exceeding the extent justified by the purpose.
What paragraph (a) adds is the permitted form: the illustration may be in writings or sound or visual recordings. A teacher may include a short extract in printed notes, in a recorded lesson, or in a slide presentation.
The limit is “by way of illustration”. The extract must illustrate a teaching point, not simply supply the content of the lesson. Reproducing a chapter because it is what the class needs to read is not illustration.
Section 11(1)(b) — reproduction for face-to-face teaching
The reproduction of published articles, other short works or short extracts of works for face-to-face teaching in educational institutions the activities of which do not serve direct or indirect commercial gain, to the extent justified by the purposes, provided that —
(i) the act of reproduction is an isolated one occurring, where repeated, on separate and unrelated occasions; and
(ii) there is no licence or other copyright available under which approval for such reproduction can be made.
Face-to-face teaching. The exception is tied to teaching in person. Distributing copies for distance learning, uploading them to an online course, or emailing them to students is not face-to-face teaching, and would in any event be a communication to the public under section 6(1)(j), which section 11 does not except.
Institutions not serving direct or indirect commercial gain. The words are wide enough to exclude private commercial colleges and corporate training providers. A school or university operating on a non-profit basis qualifies; a business running fee-earning courses for profit does not.
An isolated act. Sub-paragraph (i) permits reproduction that is isolated — and, where repeated, occurs on separate and unrelated occasions. Systematic copying of the same material every semester is exactly what this excludes.
No licence available. Sub-paragraph (ii) is a residual condition: the exception applies only where no licence or other authority is available under which approval could be obtained. Where the publisher offers an educational licence, the institution must take it.
Sub-paragraph (ii) makes section 11(1)(b) a gap-filler rather than a standing entitlement. Its purpose is to ensure teaching is not blocked where permission genuinely cannot be obtained — not to relieve institutions of paying for material that is licensed.
The same condition appears in section 12(a)(iii) for copies made by public institutions. Both provisions assume that where a licensing route exists, it should be used.
Section 11(2) — attribution
The source of the work reproduced and the name of the author shall be indicated as far as practicable on all copies made under subsection (1).
The obligation applies to both permissions, and to all copies. Note the qualification — as far as practicable — which is softer than the mandatory attribution in section 10(2). It recognises that an extract in a sound recording or on a projected slide may not always carry a full citation.
Attribution here also serves the author’s moral right under section 7(1)(a) to have their name indicated in connection with any public use of the work.
What section 11 does not permit
| Activity | Permitted? | Why |
|---|---|---|
| Quoting a paragraph in class notes to illustrate a point | Yes | s 11(1)(a) — short part, by way of illustration |
| Copying one published article for a single class discussion, no licence available | Yes | s 11(1)(b) — isolated act, face-to-face, non-commercial institution |
| Copying the same article for the same course every year | No | Not isolated — s 11(1)(b)(i) |
| Copying an article that the publisher licenses for education | No | A licence is available — s 11(1)(b)(ii) |
| Compiling a course reader from many works | No | Systematic, and exceeds what the purpose justifies |
| Uploading extracts to a learning platform | No | Not face-to-face; and a communication to the public under s 6(1)(j) |
| Copying a whole textbook so students need not buy it | No | Not a short work or extract; conflicts with normal exploitation |
| Photocopying sheet music for a school choir | No | Outside s 11; and expressly excluded from private copying by s 8(2)(b) |
| Playing a recording to a class | Yes, in effect | Not reproduction; and under s 25(c) the neighbouring rights do not apply to reproduction solely for face-to-face teaching — except for performances and phonograms published as teaching or instruction materials |
Section 25 removes the rights of performers, producers and broadcasters for reproduction solely for face-to-face teaching — but expressly not for performances and phonograms which have been published as teaching or instruction materials.
That is a pointed carve-out. Educational recordings are sold to schools; allowing schools to copy them freely would destroy the market for exactly the material the exception is meant to support.
Where section 11 does not cover the use, the alternatives are a written licence under section 20, the public institution provisions in section 12, or, for material that is not protected at all, section 5 — which puts every Act, regulation and court judgment outside copyright.
Sources
- Copyright and Neighbouring Rights Act 2000 — ss 5–12, 20, 25
Before relying on anything here, read the current text of the Copyright and Neighbouring Rights Act 2000 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.