‘Paraphrase’ has a spectrum of meaning. It is generally considered by institutions to be acceptable where tutors write text in their own words but where the meaning of the original text remains the same, see the University of Cambridge guidance provided at: http://www.maths.cam.ac.uk/teaching/plagiarism.html.
Merely changing a word or two of the original text will not be sufficient and where a tutor tries to paraphrase text and pass it off as his/her own, this will be considered plagiarism.
Copyright will not apply where a tutor writes in their own words. Equally, if a tutor is stating clearly established facts, copyright law will not apply. Guidance on using different excerpts, facts from journals is provided at:
http://www.stm-assoc.org/2008_02_01_Guidelines_for_Quotation_From_Journal_Articles.pdf
Also where a citation or reference is included within a resource written by a tutor in his/her own words and is sufficiently different to the original text, this will not be a matter for copyright law.
For more information refer to the UK Copyright Service website, (http://www.copyrightservice.co.uk/) at Fact sheet P-18, and the Intellectual Property Office address this specific issue on page 4 of: http://www.ipo.gov.uk/c-basicfacts.pdf.
Other uses of text, however, mayhave copyright implications for an institution. Tutors using direct quotations, for example, could be breaching copyright. Also,if the tutor is considered to have changed the work sufficiently, and made a derivative work of the original text, this will require permission as this is an exclusive right of the copyright owner.
Academics could argue that short quotes, with attribution, are insubstantial. But institutions must also consider the quality of the copied text. The recent ‘Infopaq’ case held that eleven words were substantial: http://www.out-law.com/default.aspx?page=10205.
A tutor could also claim that such practices have been generally accepted for many years in the educational arena and therefore there is an implied licence, through custom and expectation.
The Intellectual Property Office states that:
"You will only be able to argue that you have an implied licence where all the circumstances suggest that the copyright owner expected you to use his or her copyright material in the way you are going to use it, even though this was never discussed and has not been written down anywhere."
http://www.ipo.gov.uk/types/copy/c-manage/c-useenforce/c-use/c-use-licence/c-use-licence-implied.htm
Exceptions to copyright are provided under The Copyright, Designs and Patents Act 1988 (CDPA). One exception relates to criticism and review. This may be relevant where quotations are included to analyse text, for example. s.30 of the Act states:
"...
(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.
(2) Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.
(3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film, broadcast or cable programme.”
This section can be accessed at: http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_3#pt1-ch3-pb2-l1g31
So, fair dealing for criticism and review, if applicable, would permit copying as long as the text is accompanied by sufficient acknowledgment of the source.
For more information refer to the UK Copyright Service website, (http://www.copyrightservice.co.uk/) at Fact sheet P-18, and the Intellectual Property Office address this specific issue on page 4 of: http://www.ipo.gov.uk/c-basicfacts.pdf.
In conclusion, if a tutor is copying a substantial piece of text, and there is no implied or express licence to do so, they may be able to rely on an exception under the CDPA (e.g. s.30) where sufficient acknowledgment of the original text is required. If a tutor writes in their own words or is stating clearly established facts, copyright law does not apply. However, tutors may still choose to include an acknowledgment for practical, moral reasons or to credit the original source.