of the Copyright Act – Educational Statutory Licence

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GUIDE TO REPRODUCING AND COMMUNICATING COPYRIGHT MATERIALS – Educational Statutory Licence
(PART VA & VB of the Copyright Act)
With thanks to Alison Ransome and Heather Wood, Southern Cross University who prepared this table (modified and used with permission). Updated November 2007
Reproduction
Copying
Category of Work
You may copy the following quantities for the
educational purposes of the institution
Periodical
publications
(journals, magazines,
newspapers)
One article from an issue of a print periodical, or a periodical
which is freely available on the web (ie doesn’t require
password access); more if the subject matter is closely
related. Note: If an article is from a Library online database
such as Proquest or informit, you need to comply with the
use and licence conditions of that resource as this falls
outside of the Educational Licence Part VB.
Books
From literary, dramatic, musical or artistic works, a
‘reasonable portion’ of the work may be copied. This is
deemed to be 10% of the pages, or one chapter (whichever
is the greater). If more than that is copied, it generally will
not be a ‘reasonable portion’, unless the person doing or
requesting the copy is satisfied, after reasonable
investigation, that copies (other than secondhand copies) of
the work cannot be obtained within a reasonable time at an
ordinary commercial price. This amount can be reproduced
per lecturer or student, per year.
Distribution
Hard Copies or Digital Copies
other than by making available online (eg
CDRom, email attachments)


Communication
Making Digital Copies Available Online
(ie making available via unit websites or UNEonline)
Amount as for reproduction
Digital Copies must contain Warning Notice
(Part VB)
Must be fully referenced
Amount as for reproduction.
Must be provided as a link from e-reserve.
Must be fully referenced
Amount as for reproduction
Digital Copies must contain Warning Notice
(Part VB)
Must be fully referenced
Amount as for reproduction
Must be provided as a link from e-reserve
Must be fully referenced
Only one part of a book may be made available online at one
time university wide, regardless of intended audience – this is
managed through e-reserve..
Example: A lecturer in Nursing places one portion of an
anatomy text online within their CI site (say 4% of total item).
A lecturer in Human Movement wishes to use another 3% in
their unit. The first part of the work must be taken down
before the second can be made available. This is regardless
of audience, and regardless of the fact that total
communicated is less than 10% of the total book.
Example: An 80 page book may be divided into 4 chapters.
You may copy one whole or part of a single chapter, even
though the number of pages copied exceeds 10% of the
total pages in the book OR you may copy 8 pages (10% of
total) from throughout the book.
Out-of-print works
If a retailer or publisher confirms in writing that a work is out
of print or that an electronic copy is not available, then you
may reproduce and communicate more than a’ reasonable
portion’ (including the whole item). You need to keep a
record of your enquiries. See
http://www.une.edu.au/copyright/reprint-form.doc.
Amount as for reproduction
Digital Copies must contain Warning Notice
(Part VB)
Must be fully referenced
Should carry a note identifying it as an ‘out-ofprint work’.
Amount and conditions as for reproduction
Must be provided as a link from e-reserve
Must be fully referenced
Anthologies (eg
collections of poems
or plays - There is
usually an editor).
A work/ chapter in an anthology of less than 15 pages. A
work of more than 15 pages if it is not separately published.
Note: Not more than 10% of an anthology should be copied
if the anthology is available commercially.

As for reproduction
Digital Copies must contain Warning Notice
(Part VB)
Must be fully referenced
Provided the work you have copied is not commercially
available in electronic form, you can communicate it.
Must be provided as a link from e-reserve
Must be fully referenced
Insubstantial
Portions – published
literary or dramatic
works only
One page or 1% of total pages/total words. You can never
copy a complete work under this provision.
Fourteen days must elapse between the making of
insubstantial portions.

Amount as for reproduction
Digital copies must contain Warning Notice
(Part VB)
Must be fully referenced
Amount as for reproduction
Must be provided as a link from e-reserve
Must be fully referenced
Musical works (not
sound recordings –
see below)
10% of notes or bars
More than a reasonable portion if the work has not been
separately published.
More than a reasonable portion if, after reasonable
investigation a new copy cannot be obtained within a
reasonable time at an ordinary commercial price.

Amount as for reproduction
Digital Copies must contain Warning Notice
(Part VB)
Must be fully referenced
Amount as for reproduction
Must be provided as a link from e-reserve
Must be fully referenced
Only one part of a work may be made available online at one
time university wide, regardless of intended audience.
Reproduction
Category of Work
Copying
Distributio
Hard Copies or Digital Copies
other than by making available online (eg
CDRom, email attachments)
Copies must be made for the educational purposes of
the institution
Art works
All of a work that has not been separately published
All of an artwork that accompanies or explains the text being
copied
As for reproduction
 Digital Copies must have a Warning Notice
(Part VB)
All of an artwork in copied from an electronic source
Must be fully referenced
Examples:
A diagram in a book that has not been published, for
example as a postcard can be reproduced in full.
Communication
Making Digital Copies Available Online
(ie making available via unit websites or UNEonline)
More than one artwork from a particular source can be
communicated simultaneously as they are works in their own
right
Requires a Warning Notice (Part VB) in place and access
restricted to staff and students, such as in e-reserve or
UNEonline.
Must be fully referenced
A photo within a page being copied as part of a journal
article can be reproduced without further investigation.
An artwork copied from an electronic source, eg on a freely
available website (ie you do not have to click ‘I Agree’ or
enter a password) can be reproduced without further
investigation
-
Sound recordings –
from radio or TV
only
-
Sound recordings reproduced from TV or Radio under
Screenrights licence may be reproduced without size
limitations.
As for reproduction
 Digital Copies must contain Warning Notice
(Part VA)
Note that this does not cover commercially
produced sound recordings (eg purchased
CDs or tapes).
Sound recordings –
from commercial
recordings
Sound recordings may be played in classroom settings. If
you want to reproduce sound recordings for educational
purposes, see http://www.une.edu.au/copyright/musiccopying.php
Cinematographic films
(videos, etc) – from
radio or TV only
Anything from television broadcast on all free to air (ABC,
SBS, commercial stations), satellite, microwave pay (eg
Austar) and cable pay television (Foxtel and Optus Vision)
may be reproduced without size limitations, though some
conditions apply.
Videos/films may be shown in classroom settings, as these
are not considered to be public performances. However,
copies must not be made without copyright owner’s
permission.
Digital Copies must contain Warning Notice (Part VA) and be
registered with the Copyright Officer
See
http://www.une.edu.au/copyright/music-
See:
http://www.une.edu.au/copyright/music-copying.php
As for reproduction.
Broadcasts reproduced under Screenrights Licences can be
digitised and communicated.
 copying.php
 Digital Copies must contain Warning Notice
(Part VA) and be registered with the Copyright
Officer
Digital Copies must contain Warning Notice (Part VA) and be
registered with the Copyright Officer
Note that this does not cover commercially
produced videos or film (eg purchased or
hired videos)
See. http://www.une.edu.au/copyright/sound-music.php
Cinematographic films
(videos, etc) commercial or hired
copies
Sound recordings reproduced under Screenrights Licences
can be communicated.
This requires copyright owner’s permission.
This requires copyright owner’s permission.

UNE Copyright Officer, Berenice Scott, ext 3227 or copyright@une.edu.au
For more information about the use of copyright at UNE,
go to the UNE Copyright Web pages at: www.une.edu.au/copyright
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