Using Copyrighted Materials for Educational and Research Purposes

Copyright” concept in general

The term “Copyright” means right to copy. It is a legal term enacted by the legislators of the
state. It provides exclusive right to the creators of the creative works for limited time. The
copyright empowers the authors or creators to keep control over their own creations in their
life and their heirs for a limited time. This allows them to get payments for any reproduction
of their works in that limited time. The purpose of giving authors or creators such monopoly
is to encourage the creative works. U.S. constitution describes this purpose in Article I,
Section 8, as to “promote the progress of science and useful arts by securing for limited
times to authors and inventors the exclusive right to their respective writings and
discoveries.” (J. Murrey Atkins Library, n.d.). However, they can sell their copyright to
others or grant permission someone else to use their works in return of payment or not. The
copyright law also provides some exceptions which allow others to use copyright protected
works without permission.

Key Points on Copyright

 Copyright law protects creators of original works.

 The original works, which are tangible form or fixed, are protected by copyright
laws.
 Duration of copyright varies from country to country. The works are protected by
the Bangladesh Copyright Act until sixty years after the death of creators.
 Most other features are almost similar in the countries which signed Berne
Convention.
 The copyright law contains a number of provisions for use of protected works
without seeking permission from the copyright owners.

Type of Works Protected by Copyright

When someone creates an original product, with his/her significant mental activities, that
becomes his/her intellectual property and that is protected by the law. Examples of unique
creations are:

 Computer software
 Art works
 Literary works
 Graphic designs
 Musical lyrics and compositions
 Films
 Architectural designs
 Photographs
 Website content
 Translations/adaptations
 Broadcasts, etc.
Type of Rights Protected by Copyright Law

Bangladesh Copyright Act 2000 describes different provisions of rights (Hosen, 2017), such
as:

 Computer programs and digital media copyrights

 Rental rights
 Literature related rights
 Dramatic rights
 Musical rights
 Artistic rights
 Cinematograph rights
 Sound recordings rights
 Broadcasting rights
 Performer’s rights
 Phonograms rights, etc.

Copyright Protection of Foreign Works

Countries who signed Berne Convention, an international treaty, and other similar treaties
have almost similar copyright protection rules. Berne Convention states a principle of
National Treatment. Under this National Treatment provision, all member countries must
afford copyright protection to authors who are nationals of any member country. Currently
193 countries are the member WIPO (WIPO, n.d.b) and 177 countries are the members of
Berne Union (WIPO, n.d.a). The GATT (General Agreement on Tariffs and Trade) treaty
also contains some provisions which affect copyright protection in signatory countries.

Bangladesh joined WIPO (World Intellectual Property Organization) in 1985 and become
part of Berne treaty in the year 1999. Bangladesh Copyright Act 2000 describes
international copyright issues in Chapter 12, Sections 68 to 70.

Exceptions

There are general exceptions as well specific exception clauses in the copyright laws to
make balance between the rights owner’s interest and the public interest. Bangladesh
Copyright Act 2000 has provisions for uses of protected works without seeking permission
from author. Its section 72(1) under Chapter 13 listed certain acts which are not the
infringement of copyright. This section includes “Fair Use” doctrine and many other
exceptions. Under the “Fair Use” doctrine one can use the copyright protected materials for
private study or use, research, review, criticisms, reporting current events in a newspaper,
magazine or similar periodicals, in cinematograph films by broadcast or by photograph, etc.
Law also allows users to use freely the sound recordings, cinematographic film, computer
programs under certain circumstances. For the benefit of public, the copyright law keeps
some provisions of free use of protected materials for educational, religious and charitable
purposes. Subsection 13 of Section 2, Section 36, Sub-sections 2, 6(b), 7(b), 8 of Section
52, Sub-section 1 of Section 53, Sub-sections 1, 7, 8, 9, 12, 15 and 16 of Section 72(1)
provide specific directions on uses of protected materials for teaching/learning and research
(but not industrial) purposes.

Bangladesh Copyright Act on Educational Purposes

Copy Right Act, 2000; Act No. XXVIII of 2000 is An Act to amend and consolidate the
laws relating to copyright by the Government of the People’s Republic of Bangladesh.

On Section 2 Definitions, (13) “library” means any library which can be used free of
charge and a library attached to an educational institution, operated on a non-profit basis.

On the Chapter-6 of the Copy Right Act portrays Right of Broadcasting Organization
and Performers. According to, Section 36 Acts not infringing broadcast reproduction right
or performer's right. - No broadcast reproduction right or performer's right shall be deemed
to be infringed by-

(a) the making of any fixation for the private use of the person making such fixation,
or solely for purposes of bona-fide teaching or research; or

(b) the use, consistent with fair dealing, of excerpts of a performance or of a

broadcast in the reporting of current events or for bona fide review, teaching or
research; or

(c) such other acts, with any necessary adaptations and modifications, which do not
constitute infringement of copyright under section 72.

On the Chapter-9 of the Copy Right Act portrays Licenses. According to, Section 52
Subsection (2) Notwithstanding anything contained in sub-section (1), any person may
make an application to the Board for a license to produce and publish a translation or
adaptation, in printed or analogous forms of reproduction, of a literary or dramatic work,
other than a Bangladeshi work, in any language in general use in Bangladesh after a period
of three years from the first publication of such work, if such translation is required for the
purposes of teaching, scholarship, or research:

Provided that where such translation or adaptation is in a language not in general use in any
developed country, a person may make such application after a period of one year from the
publication of such work.

According to, Section 52 subsection (6) the direction under sub-section (5) by the Board
shall be subject to the conditions that,-

(b) where the license is granted on an application under sub-section (2), the license
shall not extend to the export of copies of the translation of the work outside
Bangladesh and every copy of such translation shall contain a notice in the language
of such translation or adaptation that the copy is available for distribution only in
Bangladesh:
provided that this clause shall not apply to the export by the Government or any authority
under the Government of such copies of the translation or adaptation of the work in a
language other than English, French or Spanish to any country if-

(i) such copies are sent to citizens of Bangladesh residing outside Bangladesh or to
any association of such citizens outside Bangladesh; or commencement
(ii) such copies are meant to be used for purposes of teaching, scholarship or
research and not for any commercial purpose; and
(iii) in either case, of above (i) and (ii); the permission for such export has been
given by the Government of that country …
Section 52 Sub-section (7) Any broadcasting authority may apply to the Board for a license
to produce and publish the translation of -

(b) any text incorporated in audio-visual fixations prepared and published solely for the
purpose of systematic instructional activities, for broadcasting such translation for the
purpose of teaching or for the dissemination of the results of specialized, technical or
scientific research to the experts in any particular field …

Section 52 Sub-section (8) the provisions of sub-sections (3) - (5), in so far as they are
applicable to an application under sub-section (2), shall, with necessary modifications,
apply to the grant of a license under subsection (7).

Explanation. - For the purposes of this section

(a) “purpose of research” does not include the purpose of industrial research, or
purpose of research by body corporate (except body corporate owned or controlled
by the Government) or other societies or body of persons for commercial purposes;

(b) “purpose of teaching, research or scholarship” includes purposes of instructional

activity at all levels in educational institutions, including schools, colleges,
universities and tutorial institutions and purposes of all other types of organized
educational activities.

Section 53. License to reproduce and publish works for certain purposes.- Sub section (1)
Where, after the expiry of seven years from the date of the first publication of a work of a
novel, poetry, drama, music or art or any work relating thereof, or three years from the date
of the first publication of a work of natural science, physical science, mathematics or
technology or any work relating thereof and five years from the date of the first publication
of a work in any other case, the copies of such work are not made available in Bangladesh,
or such copies have not been put on sale in Bangladesh for a period of six months, to the
general public, or in connection with systematic instructional activities at a price reasonably
related to the normal charge in Bangladesh for comparable works by the owner of the right
of reproduction or by any person authorized by him in this behalf, any person may apply to
the Board for a license to reproduce and publish such work in printed or analogous forms of
reproduction at the price at which an edition of such work is sold or at a lower price for the
purposes of systematic instructional activities.
On the Chapter-13 of the Copy Right Act portrays Infringement of Copyright. According
to, Section 72. Certain acts not to be infringement of copyright.-(1) the following acts shall
not constitute infringement of copyright, namely:

 Sub Section (1) Fair use of a literary, dramatic, musical or artistic work for the
purpose of
(i) private study or private use including research; or
(ii) criticism or review, whether of that work or any other work;
 Sub Section (2) fair use of a literary, dramatic, musical or artistic work for the
purpose of reporting current events
(i) in a newspaper, magazine, or similar periodical; or
(ii) by broadcast or in a cinematograph film or by means of photographs;
Explanation. - The publication of a compilation of addresses or speeches delivered in public
is not a fair dealing of such work within the meaning of this clause;

 Sub section (7) the publication in a collection, mainly composed of non-copyright

matter, bona fide intended for the use of educational institutions and so described in
the title and in any advertisement issued by or on behalf of the publisher, of short
passages from published literary or dramatic works, not themselves published for the
use of educational institutions, in which copyright subsists:

Provided that not more than two such passages from works by the same author are
published by the same publisher during any period of five years.

Explanation. - In the case of a work of joint authorship, references in this clause to

passages from works shall include references to passages from works by any one or more of
the authors of those passages or by any one or more of those authors in collaboration with
any other person.

 Sub section (8) the reproduction or adaptation of a literary, dramatic, musical or

artistic work by a teacher or a pupil in the course and for the sole purpose of
instruction; or as part of the questions to be answered in an examination; or in
answer to such question;
 Sub section (9) the publication or the performance, in the course of the activities of
an educational institution, of a literary, dramatic or musical work by the staff and
students of the institution, or of a cinematograph film or a sound recording, if the
audience is limited to such staff and students, the parents and guardians of the
students and persons directly connected with the activities of the institution;
 Sub section (l2) the performance of a literary, dramatic or musical work by an
amateur club or society, if the performance is given to a non-paying audience or for
the benefit of a religious, charitable or educational institution;
 Sub section (15) the making of not more than three copies of a book (including a
pamphlet, sheet of music, map, chart or plan) by or under the direction of the person
in charge of a non-profit library available for use by the public free of charge or a
library attached to an educational institution for the use of such library if such book
is not available for sale in Bangladesh.
  Sub section (16) the reproduction, for the purpose of research or private study of an
unpublished literary, dramatic or musical work kept in a library, museum or other
institution to which the public has access:

Provided that where the identity of the author of any such work, or in the case of a
work of joint authorship, of any of the authors, is known to the library, museum or
other institution, as the case may be, the provision of this clause shall apply only if
such reproduction is made at a time more than sixty years from the date of the death
of the author or, in the case of a work of joint authorship, the death of the author
whose identity is known or, if the identity of more authors than one is known, from
the death of such one of those authors who dies last;

Fair Use Doctrine

“Fair use is the right to use copyrighted material without permission or payment under some
circumstances, especially when the cultural or social benefits of the use are predominant.”
(Crew, 2012). Fair use is the exception of the rights of the copyright owners and it allows
public limited use of the protected works. Fair use doctrine applies when the law does not
provide any specific direction on use of the protected materials. It provides useful flexibility
to law for adjusting according to circumstances. The concept “Fair Use” is a complex issue.
It needs thoughtful evaluation of facts and circumstances. It is important to note that fair use
may not always have legal status. Sometimes, fair use rights can be overridden by the
contractual restrictions, such as, a library may have such an agreement with a party that may
not allow to apply fair use rights. Duly, users should contact with the concern librarians to
avoid uncertainty or to make concept clear on use of the specific materials.

However, fair use is the most important exception and greatest strength for education and
research. U.S. Copyright Act provides a guideline in its Section 107 regarding fair use. It
describes four factors which can help users evaluating and balancing fair use (Library of
Congress. Copyright Office, 2020). The four factors are:

• The purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work
as a whole
• The effect of the use upon the potential market for or value of the copyrighted work

Concluding Notes

Copyright gives creators or copyright owners exclusive rights to copy or reproduce,

distribute, perform and public display of their works, and create derivative works (J. Murrey
Atkins Library, n.d). The law gives this monopoly to the creators intentionally. Violation of
copyright constitutes infringement. The copyright laws also make balance between the
interest of authors or creators and the public. The copyright acts describe many exceptions
which helps users of protected works to avoid infringements. Use of protected works for
educational purpose is one of such exceptions. Exceptions do not mean that one can do
whatever they like they can do for teaching/learning. There are specific directions in
copyright act and that needs to abide by the users to avoid any legal sue.

In addition to specific exceptions, the acts keep provision of fair use to support
advancement of knowledge or for the betterment of the society. Fair use can rescue many
from infringement and helps lawful uses. Thought fair use doctrine gives flexibility, the
users should keep in mind that fair use does not give open check to use, it has certain limits
too. Resources available in the public domain are risk free and any one can use those
without the fear of infringement. It is important to note that infringement and plagiarism are
not the same. Infringement is a legal issue and on the other hand plagiarism is an ethical
issue.

References

Bangladesh Copyright Office. Copyright Act 2000 : Act no. XXVIII of 2000. Retrieved
from
http://www.copyrightoffice.gov.bd/sites/default/files/files/copyrightoffice.portal.gov.bd/law
/121de2e9_9bc9_4944_bfef_0a12af0864a5/Copyright,2000(1)%20(2).pdf (accessed on 26
June 2020)

Crew, K.D. (2012). Copyright law for librarians and educators : creative strategies and
practical solution. 3rd edn. Chicago : ALA. (Part III : Fair Use, retrieved from
https://d396qusza40orc.cloudfront.net/cfel/Reading%20Docs/Crews%20for%20MOOC.pdf
on 17 June 2020)

Hosen, M.F. (2017). An Overview of the Copyright Protection Laws in Bangladesh : A

Critical Analysis of the Copyright Act, 2000 with Its Loopholes and Recommendations.
Beijing Law Review 08(02):191-211

J. Murrey Atkins Library (n.d.). Copyright. Retrieved from

https://library.uncc.edu/research-write/copyright (accessed on 9 June 2020)

Library of Congress. Copyright Office. (2020). Section 107: Limitations on exclusive

rights: Fair use. In: Copyright law of the United States and related laws contained in Title
17 of the United States Code. Retrieved from https://www.copyright.gov/title17/title17.pdf
(accessed on 27 June 2020)

WIPO (n.d.a). WIPO bodies : assembly (Berne Union). Retrieved from

https://www.wipo.int/treaties/en/ShowResults.jsp?country_id=ALL&search_what=B&bo_id=7
(accessed on 1 July 2020)

WIPO (n.d.b). Member states. Retrieved from https://www.wipo.int/members/en/ (accessed

on 1 July 2020)
Some Useful Links on Copyright related to Education

Site Address Topic

Stanford University Libraries https://fairuse.stanford.edu/ Copyright and
Fair Use
Stanford University Libraries https://fairuse.stanford.edu/overview/i Getting
ntroduction/getting-permission/ Permission
Columbia University Library https://copyright.columbia.edu/basics.h Copyright
tml
Columbia University Library https://copyright.columbia.edu/basics/f Copyright and
air-use.html Fair Use
Columbia University Library https://copyright.columbia.edu/basics/p Getting
ermissions-and-licensing.html Permission
J. Murrey Atkins Library https://library.uncc.edu/research- Copyright
write/copyright
J. Murrey Atkins Library https://atkinsapps.uncc.edu/index.php? TEACH Act
q=copyright/teach Toolkit
J. Murrey Atkins Library https://library.uncc.edu/research- Copyright and
write/copyright/fair-use Fair Use
J. Murrey Atkins Library https://library.uncc.edu/research- Classroom
write/copyright/copyright-classroom Exceptions
Center for Media & Social https://cmsimpact.org/program/fair- Copyright and
Impact use/ Fair Use
Cornel University https://copyright.cornell.edu/ Copyright
Cornel University https://copyright.cornell.edu/sites/defa Copyright and
ult/files/Fair_Use_Checklist.pdf Fair Use
Copyright Law of the United https://www.copyright.gov/title17/ Copyright
States
Copyright Law of the United https://www.copyright.gov/title17/92ch Copyright
States, Title 17, Chapter 1 ap1.html
US Copyright Basics, Circular https://www.copyright.gov/circs/circ01. Copyright
1 pdf
Bangladesh Copyright Law http://www.copyrightoffice.gov.bd/sites Copyright
/default/files/files/copyrightoffice.porta
l.gov.bd/law/121de2e9_9bc9_4944_bfe
f_0a12af0864a5/Copyright,2000(1)%20(
2).pdf