There have been concerns about the #copyright implications of online teaching during the COVID-19 pandemic. What follows are a few thoughts, with particular focus on exceptions and higher education.

1. An initial thing to bear in mind is that many activities do not involve the use of third party content, and thus do not raise copyright compliance issues.

2. Where third party materials are used, the copyright environment is complex. Some acts may fall within existing digital licences or under licences offered by collectives such as @CLA_UK (who have temporarily increased copying thresholds).

3. There have also been efforts by copyright owners to grant additional access or to prospectively agree to certain uses. This is to be applauded. In contrast, other practices (esp. around pricing of eBooks) impair access and risk alienating universities and students.

4. Universities should not forget the suite of UK exceptions, which together permit a large array of activity. If embraced by UK institutions, these exceptions have the capacity to operate in a way similar to US #fairuse.

5. The exception most obviously relevant is CDPA s. 32 (illustration for instruction). This exception was introduced in 2014 with the goal of facilitating education using digital technologies. It removes many of the limitations in old s. 32.

6. Some advice on s. 32, including that released by the IPO, is conservative. Universities should remember the aim of the 2014 reform. The better view is that section 32 is not just for minor acts of in-classroom use.

7. My view is that s. 32 extends to the use of third party content in digital learning materials and virtual classes. Reasonable steps should be taken to ensure fairness, e.g., by hosting content on password-protected VLEs.

8. Section 32 also requires a sufficient acknowledgement: that the author and the work are identified. This is not the same thing as a full academic citation. There are instances where this requirement does not apply, e.g., it is impossible, or the work was published anonymously.

9. Other fair dealing exceptions are also relevant, most obviously quotation, criticism/review and caricature/parody/pastiche. See @LionelBently and Tanya Aplin on why quotation has a broad reach and fair use-like qualities.

10. It is true that relying on fair dealing requires comfort with risk. But licensing all uses "just to be on the safe side" is not a viable or desirable long-term strategy. Exceptions exist because of the many instances where we cannot, or should not, leave things to licensing.

The above draws from my book, Drafting Copyright Exceptions, published by Cambridge University Press. That book uses as a case study the copyright experiences of cultural institutions (including academic libraries) in Australia, Canada, the UK and the US. https://www.cambridge.org/gb/academic/subjects/law/intellectual-property/drafting-copyright-exceptions-law-books-law-action?format=HB