Copyright – examinations
Use of copyright materials
The use of copyright materials in examination papers, e.g. the edited extracts in the Diploma in Translation, is permissible in the preparation of examination papers conditional upon the inclusion of a suitable acknowledgement of the source (e.g. name of the copyright holder) in addition to an indication of whether the extract is in full or edited. Copyright is not breached whether examination papers are distributed/issued as paper copies, or electronic versions, as long as this is done solely "for the purposes of an examination".
This is supported by section 32(3) of the copyright Design and Patents Act 1988:
"Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the Candidates or answering the questions, provided that the questions are accompanied by a sufficient acknowledgement."
Once the timeframe of a 'live examination' is over, papers cannot and should not be kept, reproduced or distributed further unless the consent of the copyright holder has been sought. For IoLET, this means that for any examination with papers containing material under the copyright exemption clause quoted above:
- Papers must not be retained by candidates at the end of the examination
- Centres must be advised that papers cannot be reproduced or reused after the examination and that all papers, including spares, should be collected and destroyed at the end of an examination
- Candidates who receive an examination paper as part of an appeal process (e.g. re-mark) should be requested to destroy the paper at the closure of the appeal
- Past papers should not be reproduced for any other purpose, given to, or sold to prospective candidates
The copyright of any examination or other material created by a PAYE employee automatically rests with IoLET. However, the copyright of any such material created by a freelancer or consultant rests with the creator unless specifically assigned to IoLET. Staff commissioning examination (e.g. oral scenarios) or other material from freelancers or consultants must ensure that the copyright of the material is assigned to IoLET at the commissioning stage.
For IoLET, this means that:
Commissioning letters, contracts or equivalent should include a clause in which the creator agrees specifically to assign the copyright of any materials produced to IoLET
IoLET will review information contained in this policy and its associated procedures annually, as part of our self-evaluation arrangements, and revise it as and when necessary in response to stakeholder or regulatory feedback.