By Chris J Holland, on 3 July 2014
The examination exception is part of the exception for purposes of “illustration for instruction” (CDPA 1988 Section 32). The new Section 32 is very good news but in relation to examinations it is more restrictive. The old exception permitting copying for setting or completing an examination was unrestricted. Now the fair dealing test applies to the whole section including copying for examinations. What does this mean? In the examination context it is unlikely that we would be damaging the economic interests of the rights owner. The main thing to bear in mind is that in setting examinations we should not include more of the work than is strictly necessary and it should be acknowledged where possible. A positive aspect is that the exception now covers all media, such as an extract of recorded music or of a film.
The examination exception covers 3rd party material included in a PhD thesis. The student should be aware that in including 3rd party material they need to apply the fair dealing test, key questions being:
- Am I using more of the work than is really necessary for the purpose?
- Could I be damaging the interests of the copyright owner by reproducing their work in this way?
Remember that the examination exception does not cover subsequent publication of your thesis in UCL Discovery or reusing the same content in a journal article. You will need to consider applying for permission or publishing a redacted version