14.44 An educational use is more likely to be fair, and less likely to harm a market that a rights holder alone should be entitled to exploit, when the use is transformative.
14.45 Many of the uses about which publishers of educational materials are concerned, appear to be non-transformative uses, such as photocopies or digital reproductions of educational resources that would be used as a substitute for buying or licensing the original material. Such uses are unlikely to be fair, under the fair use or new fair dealing exceptions recommended in this Report.
14.46 However, the use for educational purposes of copyright material that was not in fact created for educational purposes is more likely to be transformative, and is much less likely to interfere with the market for the original material.
14.47 For example, the market for a film made for educational purposes may be harmed if the film is shown without a licence to students in schools and universities. People may have invested in the making of the film, expecting some return from sales to schools and universities. Copying this film for educational purposes may therefore not be transformative or fair.
14.48 However, the nightly news is not made for educational purposes. Television networks do not invest in news programs hoping for a return from licensing fees from schools who might record and show the program in class the next day. They might not return fees collected from schools by collecting societies for this use, but the news program would have been made whether or not schools paid to copy the program. The educational use of this news program is therefore more likely to be transformative and fair.