Library

Copyright guidelines for teaching

Original works and other subject matter are automatically protected under the Copyright Act, regardless of whether the © symbol is present. Works and other subject matter that are protected by copyright may include, for example, books, computer programs, articles, scripts, sculptures, engravings, artworks, films, and music recordings.

These guidelines ONLY outline when you may use material for teaching purposes in reliance upon our statutory licences, or our music licence

Click here for information on the other circumstances under which you may exercise a copyright owners’ exclusive economic rights.

The amount of material you can use for teaching purposes varies.  For information please click on the relevant link below: Anthologies

Anthologies

You may make multiple copies of part or whole of a work contained within a PRINTED published anthology of works for teaching purposes, provided the work within that anthology (e.g. a poem) is not more than 15 pages long.

You may copy and communicate part or whole of a literary or dramatic work contained in an ELECTRONIC form for teaching purposes provided all of the following apply:

  • the anthology has been published in electronic form
  • the anthology contains pages whose content is unlikely to change regardless of the system used to view, reproduce or communicate them
  • the work is not longer than 15 pages

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

Please note: you must use the Electronic Readings Service if you wish to make these works available online.

Artworks

Artistic works typically include paintings, sculptures, drawings, engravings photographs, buildings, models of buildings, and works of artistic craftsmanship.

You can copy artistic works for teaching purposes if any of the following apply:

  • it was copied from an electronic source
  • it would be incidentally captured as part of the process of copying text, and it explains or illustrates the text
  • you are satisfied after reasonable investigation that it is not separately published, or it is not commercially available (i.e. it is out of print)
  • the work has never been published

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

Books

Please note: the copying limits for anthologies and periodical publications are not the same as books.

You can copy electronic or printed literary works for teaching purposes if any of the below points apply:

  • you do not copy more than a reasonable portion, which is 10% or one chapter of a published literary work (whichever is greater). For hardcopy works the 10% rule applies to the total number of pages, for electronic works it applies to the total number of words
  • you may copy the entire work if you are satisfied after reasonable investigation that the work is not commercially available (i.e. it is out of print)
  • you may copy the entire work if all layers of copyright have expired in the printed work, except for copyright in the work's layout (the publisher's published edition copyright)
  • you may copy the entire work if it has never been published

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

Please note: you must use the Electronic Readings Service if you wish to make these works available online.

Computer programs

You cannot copy computer programs for teaching purposes in reliance upon the statutory licence provisions. Consequently, you must obtain the permission from all the copyright owners of a computer program before you can exercise their exclusive economic rights.

 Dramatic works

You can copy dramatic works for teaching purposes if any of the following applies:

  • you do not copy more than a reasonable portion, which is 10% or one chapter of a published dramatic work (whichever is greater). For hardcopy works the 10% rule applies to the total number of pages, for electronic works it applies to the total number of words
  • you may copy the entire work if you are satisfied after reasonable investigation that the work is not commercially available (i.e. it is out of print)
  • you may copy the entire work if all layers of copyright have expired in the printed work, except for copyright in the work's layout (the publisher's published edition copyright)
  • you may copy the entire work if it has never been published

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

Exams

You may copy a literary, dramatic, musical or artistic work for the purpose of using it in exam question. You may also adapt a literary, dramatic or musical work for the same purpose.

Fulltext databases and electronic journals

The Library subscribes to a number of online databases, such as ProQuest and Expanded Academic Index. Users must comply with the terms and conditions of the licence agreement that UOW has with the database vendors and journal providers. These agreements override all rights given under the fair dealing and statutory licence provisions.

Generally speaking, the licence agreements only allow staff and students to download and print material for their own study or research. Consequently, you cannot distribute copies of the articles to students, either electronically or as hard copies.  However, the Electronic Reading Service can provide students with a link to most database articles via the Library catalogue.

 Legal works

All legal works, such as legislation, statutory instruments and judgments are protected by copyright. These materials can be copied if any of the below points apply:

  • The copyright owner has provided permission. The Crown owns copyright in original judgments, Bills, Acts, Explanatory Memorandums, Regulations, etc. Where this material has been reproduced under licence, then the publisher will most likely own copyright in any additional material, such as annotations and comments. The publisher (eg CCH) will also own published edition copyright in their published version of the legal work. It is highly unlikely that a publisher will provide permission to copy and communicate their material.

If copyright rests solely with the Crown, then the easiest way to determine whether you have permission is to check the copyright statement on the relevant government website. For example, the NSW Government has provided the public with permission to copy a range of material from its Lawlink website, including legislation and Judicial Decisions.

  • You may copy and communicate limited portions of some legal works for teaching students, provided you or the university has not entered into an agreement with the copyright owner that prohibits you from doing so. If there is no binding agreement in place, then the copying limits and responsibilities will be the same as those for books copied under our statutory licence.
Please note, the Library’s subscription databases are subject to licence agreements that generally speaking only allow staff and students to download and print material from the subscription databases for their own study or research.
  • You can photocopy part or whole of a hardcopy statutory instrument or judgment, provided you do not charge more than the cost of supplying the copy. Please note, this exception would not cover material created by non-government publishers such as CCH.

Music (audio)

A music CD, for example, will typically include several layers of copyright, such as copyright in the lyrics, musical works, sound recordings, and copyright in the artistic works and text on the CD jacket.

You may copy music for teaching purposes under either our Screenrights licence or our music licence.

Copying under Screenrights licence

Under our Screenrights licence, staff can copy the music contained within any radio and TV broadcasts for teaching purposes provided you comply with all of the following:

Copying under music licence

Under our music licence, staff may make an audio or video recording of music from the AMCOS/ARIA repertoire for educational purposes if at least one of the following 4 points apply:

  • it is an audio recording intended to be played at a university event
  • it is an audio or video recording of a university event
  • it is an audio recording provided to staff or students for their analysis or as part of a lecture, tutorial, or any other classroom related and based activities
  • it is an video recording made by staff or students as part of a course of instruction to be played at a university event
AND, you comply with all of the below 5 points:

Music (perform)

Under our music licence, you may play music in public if at least one of the following 3 points apply:

  • the material is performed at a university event
  • the material is performed for UOW's educational purposes
  • the material is performed in the workplace for the sole benefit of UOW employees
AND, you comply with all of the below 3 points:

Music (sheet)

You can copy sheet music for teaching purposes if any of the following applies:

  • you do not copy more than 10%. For printed sheet music the 10% rule applies to the number of pages, for electronic works it applies to the number of bars
  • you may copy the entire work if you are satisfied after reasonable investigation that the work is not commercially available (i.e. it is out of print)
  • you may copy the entire work if all layers of copyright have expired in the printed work, except for copyright in the work's layout (the publisher's published edition copyright)
  • you may copy the entire work if it has never been published

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

Music (synchronise)

You may synchronise audio or video material copied in reliance upon our music licence (see music audio) with an audio or video recording of material from the AMCOS/ARIA repertoire, provided it is for UOW's educational purposes.

Music (uploading)

Under our music licence, you may make audio and video recordings of music available online for educational purposes provided you comply with all of the following:

  • you are entitled to copy the music under our music licence
  • access is granted to students via a username and password protected website (e.g. eLearning)
  • users cannot download the material, i.e. the music must be streamed in such a manner that users can only listen to the music
  • you do not use the material for acts not covered by the licence
  • you do not infringe the creator's moral rights
  • the recording or file heading displays a notice

Music on hold

Under our music licence UOW may communicate music from the APRA/PPCA repertoire by means of music on hold.

 Periodical publications

Under our statutory licence, you may copy one or more articles from an issue of periodical publication for teaching purposes if they are on the same subject matter. 

Before you copy more than one article from a periodical publication you need to consider the subject matter of the articles in light of the subject matter of the periodical publication.  For example, you cannot copy all articles from an issue of the “Journal of Economics” on the argument that the articles all deal with the same subject matter of “economics”.  However, you would be able to copy two or more articles from that journal if they all related, for example, to the causes of the housing boom in Australia.

If you copy material in reliance upon any of the above provisions, you must also ensure that you comply with all of the following:

The rules are different for articles obtained from the Library's electronic journal collections, as the use of this material is subject to licence agreements between UOW and various database vendors.  In general, under the terms of the various licence agreements, staff and students may print or save one copy of any article obtained from the Library's electronic journal collections for their own study or research. HOWEVER, you cannot communicate (electronically transmit) the material or make multiple copies for any purpose. The Electronic Readings Service can create a link on the Library catalogue to any article in the Library's database (excluding Lexis.com, LexisNexis Au, and LawBook Online).

Published editions

Staff may copy the published edition copyright in a work to the extent that they are entitled to copy an artistic, literary, dramatic or musical (sheet music) work for teaching purposes.

Sound recordings

You may copy sound recordings that are copied from television or radio broadcasts provided you comply with all of the following:

*Please note: a sound recording is protected by copyright, but the creator of a sound recording does not have moral rights. However, a sound recording typically contains other material for which the creator does have moral rights, such as literary and musical works.

TV and radio broadcasts

You can copy and communicate entire TV or radio programs, including online broadcasts of free-to-air TV and radio programs (ie podcasts), for teaching purposes, provided you comply with all of the following:

  • you do not infringe the creator's moral rights
  • you attach a notice to the material (electronic notice, hardcopy notice)
  • you do not supply the material for a profit
  • that if you do communicate the material you ensure that the material is ONLY available to UOW students (eg via eLearning)

Please note, however, the above rights do not extend to any material (eg video, DVD, CD) that you hire, buy, borrow, etc; UNLESS the material only includes programs that were copied directly from TV or radio, AND that these programs were copied by or on behalf of an educational institution solely for educational purposes.

You may show films in class for teaching purposes, provided there is no specific contractual prohibition, e.g. a restriction clause in your membership agreement with your video store.

Universal Resource Locators/URLs

URLs are not protected by copyright; however, you still need to exercise care when using them.

You must not link to websites that you know contain infringing copyright material. Aside from being unprofessional, if you knowingly provide students with links to infringing material you will place yourself, the students, and the university at risk of legal action from the copyright owners.

Staff and the university can be held liable for authorizing acts of copyright infringement where they were in a position to be able to do something to prevent the infringing acts, but did not take any reasonable steps to do anything about it. In a recent case regarding the MP3s4free website, the judge found that use of links to infringing material amounted to authorization of infringing acts (see Universal Music Australia Pty Ltd V Cooper (2005) AIPC 92-116; [2005] FCA 972, & appeal: Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187 (18 December 2006)). Consequently, if staff suspect that a website contains infringing material, they must not provide students with links to that website. The use of disclaimers will not protect you.

You should also ensure that when using links in your website and documents that you do not inadvertently give the impression that the material was created by someone other than the author; as under the Copyright Act, authors have 'moral rights', which includes the right to be properly acknowledged. The risk is probably highest for those that use imbedded frames to return activated URLs. The best approach to address the risk is to simply use common sense. If it is not clear to users that they have been directed to another website, then you will need to change the way you have used the URL.

Videos (playing)

You may play films to students for teaching purposes provided the audience is limited to the students and staff who are taking or teaching the course.

Please note, the terms and conditions of your membership with a video rental shop may not allow you to show the film in class. You should check the terms and conditions with the rental shop and on the video or DVD before using that version of the film in class. It is your responsibility to comply with those terms and conditions.

Web (copying)

The amount you may copy for teaching purposes depends upon the nature of the material you wish to copy.

You may copy more than 10% of the number of words on a webpage if the website provides permission, and the website is authorised by the copyright owners to give permission.

If the website is a periodical publication for the purpose of the Copyright Act1968 then the periodical publication limitations apply.

In the absence of direct permission you can usually imply that you are allowed to print one copy of a PDF for your own use. You can also usually imply that you may print one copy of the contents of a webpage, if for example the webpage (not the browser) includes facilities for printing a page, or includes 'printer friendly' pages. However, you cannot imply that you have permission to copy and/or communicate this material for teaching purposes; consequently, the 10% limit applies to each webpage.

* Please note: If you or UOW has entered into a contract with the website's owner, then you may only use that material in accordance with the terms and conditions of that contract.

Web (uploading)

Uploading artistic, literary, and musical works

If you wish to make an artistic work, literary work (including periodical publications) or musical work (sheet music) available online for teaching purposes, and you do not have direct permission from the copyright owner, you can only do so in reliance upon Part VB of the Copyright Act 1968 or our music licence.

Under Part VB of the Copyright Act 1968 UOW can only have one portion of any given work available online at any one point in time. Consequently, copyright compliance can only be achieved by centrally regulating the content of online material.

You must use the Electronic Readings Service if you wish to make third party copyright material available online.

The Electronic Readings Service also adds value to teaching and learning by:

  • producing high quality scanned documents
  • making the material available online via the Library's catalogue
  • providing students with reliable around the clock access to learning materials, regardless of the student's location

Electronic Readings can be reached on extension 3331, or email ereading@uow.edu.au

Uploading radio and TV programs

You may upload any portion of a free-to-air TV or radio broadcasts, including online broadcasts of TV and radio programs, for teaching purposes provided you comply with all of the following:

  • you do not infringe the creator's moral rights
  • you attach a notice to the copied material
  • you do not supply the material for a profit
  • you ensure that the material is ONLY available to UOW students (eg via eLearning)