Use of works to illustrate teaching

To balance the rights of creators and publishers with the needs of teaching and education, the Irish Copyright and Related Rights Act has provisions for copying and communicating works for the sole purpose of illustration for teaching. This exception carries certain conditions: 

• the copying is done by or on behalf of a teacher;
• the audience is limited to a group of students on a specific course of study; 
• the copying is done for purposes that are non-commercial;
• the copying is done only to the extent justified by the purpose;
• the copies must be accompanied by sufficient acknowledgment of the source;
• the copying is not in conflict with a normal exploitation of the work.

The exception relates to both in-person and distance learning. However, it does not apply to electronic learning environments, course platforms, or educational materials that the public can freely access.

The exception does not apply if there is a licensing scheme certified under section 173 and the person making use of the work knew or ought to have been aware of the existence of the licensing scheme. In the case of text and still images in print or digital formats, the ICLA copying licence supersedes the exception and offers more extensive rights.

[CRRA Sec. 57]

Licences for Educational Institutions

ICLA’s Copying licence

ICLA offers copying licences for primary schools, secondary schools, Further Education institutions, and Higher Education institutions. The licence is mandatory for any educational establishment wishing to copy and re-use a variety of copyright-protected works that consist of text and/or still images. All primary and secondary schools recognised in the Free Education Scheme are covered by the Department of Education’s centrally purchased licence. Independent schools and all Higher Education Institutions are licensed individually.

The licences give teachers and lecturers permission to copy extracts from almost all types of printed or digital publications, as well as still images and texts available on the internet, and to distribute them in print or digitally via a closed system to all students on a particular course of study provided the original creator (where known) and source are always credited. ICLA’s educational licences cover both domestic and foreign material. With a copying licence, you can supplement teaching materials or projects by copying and sharing articles, excerpts from books, and still images. The copied material can be stored in a closed learning environment that is accessible to the class for whom the material is intended.

With an ICLA licence, you are allowed to make supplementary or illustrative markings on text and image material and use image and text material for translation and adaptation exercises.  Adapted materials may only be used in a teaching situation. They may not be published or shared outside the class and the original creator must always be acknowledged. More information about the copying licences for schools is available here.

The educational licence carries these T&Cs:

For the same group of students, for the same course in the same academic year teachers, lecturers and other staff can

• copy extracts from printed books, journals, periodicals and newspapers 
• copy text and still images from ebooks, digital journals and magazines, online newspapers and websites 
• distribute extracts digitally via a closed system or as print outs either as individual items or as part of teacher-generated materials
• store copies in a closed system for classroom use only. 

Copying covered by the licence
Provided the author(s) and publisher are acknowledged as the source

Up to 5% (10% for HEIs) of a work or… 

• One complete chapter from a book, including related notes/references 
• One article from an issue of a journal, magazine or newspaper 
• A short story or poem not exceeding 10 pages in length from an anthology 
• The equivalent amount from a digital/online publication not organised in a traditional manner 
• Complete still images from a published work and from the internet

Copying to which the licence does not apply

• All items on the list of Excluded Categories and works.
• Government publications
• Maps and charts
• Sheet music
• Printed work-cards and assignment sheets
• Printed ‘grey literature’ (leaflets, publications without an ISBN or ISSN)
• Whole books, journals, newspapers or websites
• The posting of material on the World Wide Web or internet generally
• Copying for re-sale/commercial purposes

Check the terms and conditions on the ICLA website

MCPSI Schools limited manufacture licence

The schools limited manufacture licence from MCPSI grants permission to produce products such as CDs and DVDs of recordings of student performances containing up to 120 minutes of music. The licence can be obtained via ICLA.

MPLC public performance licence

The public performance licence from MPLC grants permission to screen films and TV programmes in all settings beyond the educational exception, such as during wet-breaks, lunchtime, after school, movie nights and film clubs. 

You can use any legal media as a source of programmes. That includes broadcast on television, DVDs, satellite, cable TV channels or streaming. The licence removes the ‘personal private use only’ restriction from the media that you use.

The MPLC licence carries these T&Cs:

• The licence applies to the school/college’s premises only unless an alternative is specified as part of the licence agreed.
• To screen audiovisual works for entertainment and for educational purposes beyond the scope of the exception.
• Any screenings under the licence are for the school/college only; members of the general public cannot be admitted, and screenings cannot be advertised to the general public or charged for.