With prior consent
Yes, you can always use the work of others in your resources if you obtain their prior consent to such use (e.g. by obtaining a licence from them). If you are employed, your employer will typically have obtained all necessary consents so that you can carry on your duties in the course of your employment. For instance, schools will typically hold licences to photocopy extracts of books or to record television broadcasts, allowing their teachers to carry out those acts for the purposes of teaching their classes.
However, such general consents obtained by your school may not cover resources that you create and upload to the Tes Resources platform. This means that you may have to obtain additional consent from the owner of the material you intend to use and upload.
Without prior consent
You can also use the work of others in your resources without obtaining their prior consent if you use the work of others in certain ways permitted by law.
Here are some examples to help you along your way (but this is not an exhaustive list). Note that in each of the following cases:
- your use must also constitute “fair dealing” (See “What is'fair dealing'?” for more information); and
- if possible, you must acknowledge the owner of the work (See “How do I need to acknowledge the owner of the copyright in another work?” for further information)
You can quote from works to which you do not own copyright without obtaining permission, but only if the extent of the quotation is not more than is required for your specific purposes.
As a rule of thumb, this means that you can usually use one or two lines from a poem, or a couple of sentences from a novel, in the resource that you are creating. But you cannot copy the entire poem or the whole (or even a chapter) of the book.
Please note that the United Kingdom Intellectual Property Office has indicated that this exception is unlikely to apply to the use of photographs.
You can use extracts from the work of others in order to criticise or review, without obtaining the owner’s permission. For example, if you want to criticise or review someone else’s teaching materials, you could copy an extract of the work in question to prove a point that you want to make, but you cannot copy the whole work of the other person.
Information contained within these pages is intended as general guidance only. This information is not intended to be, and should not be, relied upon as legal advice.