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Copyright @ William Angliss: About Copyright

What you need to know about Copyright

Students are likely to come across three main types of copyright material during their studies:

  • Material in which all rights are reserved by the copyright holder – this does not necessarily mean that the copyright holder will not allow their material to be used, but that permission to use it must be sought, unless students are permitted to use the material under the terms of the Education Licence or in accordance with one of the exceptions provided in the Copyright Act. The most relevant exception for WAI students is likely to be Fair Dealing for Research and Study.
  • Material which the copyright holder has agreed to make available under Creative Commons - this is a licensing system allowing for work to be shared on flexible terms without the user infringing copyright. This dos not mean the copyright holder gives up their copyright, but that they allow users to obtain licences to make use of their works in various ways and on certain conditions. Creative Commons can also be known as Open Access.
  • Material which is the Public Domain - when the copyright on material has expired, it goes into the Public Domain. The length of time before material enters into the public domain can vary, but is generally 70 years. Once in the public domain, material can be freely used.

                                           

Fair Dealing for Research and Study

Under the Education Licence students are allowed to make copies of works to use for study or research.

As a student (or researcher) at WAI, you may also be able utilise a part of the copyright law known as Fair Dealing, when you want to include copyright material in your student work.

Under Fair Dealing, copyright material can be used for the purposes of research and study without the student needing to request permission from the copyright owner. However, there are certain limits to what can be used and students also have certain obligations.

The amount you are allowed to copy is described as a 'reasonable portion'. See the table below for clarifications.  

There are two ways to help work out what may qualify as fair under the Fair Dealing provision for research and study: 

1)   A set amount of copyright material or 'reasonable portion' that can easily be calculated (e.g. text based material):

  • 10% of the number of pages (if it’s text or sheet music and is more than 10 pages long)
  • One chapter (if the material is divided into chapters) in either printed or electronic form
  • One article from a newspaper, magazine or journal (or more than one if it is the same subject matter)
  • 10% of the number of words in an electronic work (e.g. a website)

2)  Less clear cut - a judgement call on what is being copied (photos, images, film etc), what it is being used for (how much, what type of material is it) and where/ how else it may be available (eg. is it easily available for purchase?)

  • An image used to demonstrate a skill, a diagram to show how parts fit together, a small amount of music to illustrate a technique.

  • Is the material available for purchase?

  • Will using the material affect sales of the original copyright material?

  • How much are you copying, and how important or distinctive is the piece?

Fair Dealing Obligations

When using materials under the Fair Dealing provisions, there are a number of obligations which students and researchers must adhere to:

  • the material can only be used for study, assessment or research.
  • the material can only be shared with classmates and instructors, or researchers within your organization.
  • the material can only be used online behind a password protected wall.
  • the material cannot be made freely available on the internet
  • ALL material must be attributed - this is a Moral Rights requirement, as well as good academic practice. Please refer to LRC’s APA 7th Style Guide Reproduced, Reprinted or Adapted Images

Other Fair Dealing Provisions

Students and researchers may also be able to make use of the other Fair Dealing provisions which are provided under the Copyright Act: 

  • Fair Dealing for the purpose of criticism or review - A student or researcher may be able to copy small amounts of copyright material for the purpose of criticism or review.
  • Fair Dealing for purpose of parody or satire - A student or researcher may be able to copy small amounts of copyright material for the purpose of parody or satire.

  • Fair Dealing for the purpose of access by persons with a disability A student with a disability, or a person acting on their behalf, can make a copy or upload/download a copy of copyright material in order to provide an accessible version to a person with a disability.

  • Fair Dealing for a purpose of reporting news - A student or researcher working for a newspaper, magazine or similar periodical or reporting via audio-visual means may be able to copy small amounts of copyright material for the purpose of reporting. Special note : music can only be copied if it is part of the actual news, not simply added later as background.