Website Tool Kit – Templates, Examples, ResourcesFrequently Asked Questions About Copyright
Print Works
/ Question / Answer /1.1 / How many copies can we make? / As many as you need for your educational institution's educational purpose.
1.2 / Can we reproduce a page from a book for a student or a teacher? / Yes.
1.3 / Can we reproduce more than one article from the same journal or newspaper? / Depends – and only if each article relates to the same subject matter (eg front page story and an editorial on the same issue).
1.4 / Can we download to print more than one article from the website of a newspaper ? / Depends – and only if each article relates to the same subject matter (eg front page story and an editorial on the same issue).
Note that downloading an article = a reproduction.
1.5 / How many separate works can we reproduce from an anthology? / Depends. This needs to be determined in relation to each separate work in the anthology:
· As many as you like, provided that the work is no more than 15 pages long.
· None - if the work is longer than 15 pages, has been separately published and is commercially available.
None - if the work is an artistic work (photograph or drawing).
1.6 / Can we photocopy or scan all of a book that is out of print? / Yes, provided the book is not commercially available within a reasonable time (6 months for a textbook and 30 days for all other works) at an ordinary commercial price.
1.7 / What about compiling reading material from other sources for students? / Compiling a reader for students as part of the required materials for the required course must be done:
· in accordance with the Hard Copy scheme of the Statutory Print Licence; or
· with the permission of the relevant copyright owner.
1.8 / What is meant by a 'reasonable time'? / A 'reasonable time' for text books is 6 months and for all other works is 30 days.
1.9 / How much can you copy if the print work has not been separately published ? / You may copy the entire work where it has not been separately published.
1.10 / What is the meaning of separately published? / Separately published generally means the work is made available by the copyright owner to members of the public including:
(a) if in hard copy form - made available as a book, brochure, information sheet or other publication which contains the work on its own
(b) if in electronic form -
(i) made available on a CD-ROM or disc
(ii) made available on a website where the copyright owner has authorised the visit for free or payment to make their own reproductions for free
1.11 / How much can you copy if the work has been published but is not commercially available within a reasonable time? / You may copy the entire print work where the print work is published but is not available within a reasonable time.
1.13 / What is a 'reasonable portion'? / ‘Reasonable portion’, means 10% of the number of pages in the work or one chapter. Where it is an electronic work, a reasonable portion is approximately 10% of the number of words.
1.14 / What is a periodical? / A periodical is a publication published on a periodic basis, such as weekly, monthly, quarterly and annually. It includes newspapers, magazines, academic and professional journals.
1.15 / What is a periodic article? / Any work in a periodical would be an article (apart from artistic works such as diagrams, drawings or photographs).
1.16 / Can we make material that we have copied under the EUS available to students and other teachers by email or on the schools’ intranet? / Yes, provided the material is being posted for the educational purposes.
1.17 / Can we only copy under the Statutory Licence or can we seek permission from the copyright owner instead? / There is nothing in the Copyright Act that prevents a person from seeking permission directly from the copyright owner, or relying upon a separate licence given by the copyright owner. However if the copying is covered under a licence, it makes sense to rely on it
1.18 / What is an “educational purpose”? / Educational purposes include:
(a) for teaching purposes
(a) where there is a connection with a particular course of instruction; or
(b) inclusion in the institution’s library collection
Artistic Works and Photographs
/ Question / Answer /2.1 / Can we copy illustrations or photos from a book, conference paper or article if they explain text being copied? / Yes, you can copy the whole of an illustration provided that it:
· explains the text or if it is not separately published and
· available within a reasonable time at an ordinary commercial price.
2.2 / Can artistic works be copied for examination purposes? / Yes
2.3 / Can a new work be created from an existing artistic work? / No, unless the copyright owner has given permission.
See 1.17: Moral Rights
2.4 / Can cartoons be copied to be used as part of a class discussion? / Yes, provided that the cartoon is not:
· separately published; or
· the separate publication is not available within a reasonable time at an ordinary commercial price.
2.5 / What is the meaning of separately published? / Separately published generally means the work is made available by the copyright owner to members of the public including:
(a) if in hard copy form - made available as a book, brochure, information sheet or other publication which contains the work on its own
(b) if in electronic form -
(i) made available on a CD-ROM or disc
(ii) made available on a website where the copyright owner has authorised the visit or free or payment to make their own reproductions for free.
2.6 / Can a teacher copy a diagram onto the board in a class? / Yes. there is a special provision in the Copyright Act which allows for copying by hand in class.
2.7 / Can images be copied from a disc or from a CD-ROM? / Yes. Any artistic works may be reproduced and/or communicated if in electronic form.
No, if the CD-ROM contains terms or conditions which prohibit the copying of images from the CD-ROM.
2.8 / Can an artistic work be scanned or digitised? / Yes, provided that the:
· artistic work is not separately published; or
· separate publication is not available within a reasonable time at an ordinary commercial price.
2.9 / Can an artistic work be photographed? / Yes if the artistic work is being photographed under the Statutory Print licence or under any of the Free Use exceptions.
Not otherwise, unless the express consent of the copyright owner has been obtained.
2.10 / Can a work of sculpture be photographed? / Yes, the Copyright Act allows this to occur if the sculpture is permanently situated in either a public place or premises open to the public.
2.11 / Can buildings be photographed? / Yes, the Copyright Act allows buildings and models of buildings to be photographed.
2.12 / Can an artistic work be included in a film? / Yes, provided it is incidental to the principal subject of the film, its inclusion is permitted
2.13 / Can we use Microsoft clipart and other clipart from the internet? / Under the End User Licence Agreement (EULA) available on the Microsoft website, it is likely that most uses of clip art in a school environment are permitted.
Check the terms provided with the licence if you are unsure.
Before using clip art from other websites, read the terms and conditions to see what is permitted. Contact the website administrator if you are unsure.
Copyright FAQs 130206 Page 1 of 4
Ó Department of Education and Early Childhood Development