Exams

The Copyright Act has a special provision for using third party, copyright protected, content in exams and other assessment exercises.

The exams provision s200(1):

  • applies to staff in setting questions
    • it permits the whole or part of a copyright work to be used for exams and other assessments: in this case, staff are not restricted to the 1 chapter/10% ‘reasonable portion’ of the Statutory Licence
  • applies to students in answering questions
    • it permits the whole or part of a copyright work to be used for exams and other assessments: in this case, students are not restricted to the chapter/10% ‘reasonable portion’ of a Fair Dealing for research or study
  • covers an assessment or exam taking place online in a password protected environment such as, for instance, a unit’s LMS website
  • does not require attribution/referencing if that would affect the question being asked e.g. ‘Identify the author of this poem …’
  • does not cover an exam given on an open website, such as a MOOC
  • does not cover the subsequent use of an exam as a practice paper.

Important Note

If you rely on this provision to use more than a brief quotation and/or an unreferenced work in an exam paper

  • it must be made available to students only for the duration of the specific exam or assessment activity
    • whether online or in print
  • it must not be made available as a practice or sample paper
    • whether online – e.g. in the Library’s Past Exams collection or in LMS – or in print.