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Other copying

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There are a number of ways outside the standard licence categories that you may be able to copy or use material protected by copyright.

These include copying under fair dealing provisions of the Copyright Act (1968), copying with permission of the copyright holder, and copying permitted under a specific licence.

  1. Fair dealing
  2. Insubstantial portions
  3. Copying with permission of the copyright holder

Fair dealing

Under the fair dealing provisions of the Copyright Act, if you use copyright material for the purposes of research or study, or criticism or review, you do not infringe copyright providing your use is fair.

Copying allowances deemed fair vary between materials:

Text or printed music
which is published as an edition of 10 or more pages: not more than 10 per cent of the pages or one chapter
Electronic form
not more than 10 per cent of the words
Periodicals
one article or more than one article if they are of a related subject

To copy amounts in excess of these limits or to copy from works other than those listed above (that is, artworks, internet, audio-visual material) you must consider whether the use would be fair.

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Insubstantial portions

You can copy and communicate an insubstantial portion of a literary or dramatic work which is in hardcopy form:

  • No more than one percent of the total number of pages in the literary or dramatic work can be copied if there are more than 200 pages in the work.
  • No more than one percent of the words in the work can be copied if the work is in electronic form.

You may make multiple copies of an insubstantial portion of a work for the purposes of distributing to students, but the following provisos must be adhered to:

  • Copying or communicating a whole work will never fit within the insubstantial portion exemption.
  • The exemption does not apply at all to artistic works or musical works.
  • The copying or communication must be carried out on the premises of the university.
  • A period of 14 days must elapse before a person relying on this provision can seek to copy any other part of the same work in reliance on it.
  • Any parts of a work previously made available online in reliance on the insubstantial portion provision must be taken down before a person can make another part of the work available in reliance on this provision.
  • The copied or communicated portion must be properly attributed.

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Copying with permission of the copyright holder

You can copy and/or communicate copyright material if you obtain permission from the copyright holder of that material. Make sure the permission you receive sets out in writing (email is sufficient), what has been agreed, that is, what you intend to do with the material and how much of the material you intend to copy and/or communicate.

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