Copyright

Copyright for Study and Research

Copyright consultation for study and research

Email the Copyright Officer The Copyright Act provides students and researchers with a provision for copying. In order to use this ‘fair dealing’ provision you must genuinely be copying the material for the purpose of study or research.

The guide below is a starting point for getting information on what you can copy from the most commonly used materials. For more help contact the Copyright Officer.

Materials

Other guides

Definitions

Five fairness Factors
  1. The purpose and character of the use or recording.For example, is the new work simply a straight copy of the original material? If the new work changes the original in some way, it's more likely to be seen as fair. Also, commerical use is usually (but not always) seen as being less fair.
  2. The nature of the item or performance.For example, copying from an out of print book may be seen as more fair, compared with copying from an in-print publication.
  3. The possibility of obtaining the item or an authorised recording of the performance within a reasonable time at an ordinary commercial price.For example, if a publisher sells recording sheets for a psychological testing instrument, making unlicenced copies for students will not be seen as fair.
  4. The effect of the use or recording upon the potential market for the item or authorised recordings of the performance.For example, copying material from a textbook for use in another textbook (even if it's a free, 'open textbook') would not be seen as a fair use of the material.
  5. The amount and substantiality of the part used or recorded, in relation to the whole item or performance.This is as much about quality as it is about quantity. For example, copying key scenes from a play could be viewed as being less fair than copying other, less central scenes.
Moral Rights The right of an author or other creative artist to protect the integrity and ownership of their work.

Artworks

You may copy artworks for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don't infringe the creators' moral rights.

↑ back to top

 

Books

You can copy 10% or one chapter of a published literary work (whichever is greater) for the purpose of study or research. For hardcopy works the 10% rule applies to the total number of pages, for electronic works it applies to the total number of words.

 

↑ back to top

 

Dramatic works

You can copy 10% or one chapter of a published dramatic work (whichever is greater) for the purpose of study or research. For hardcopy works the 10% rule applies to the total number of pages, for electronic works it applies to the total number of words.

 

↑ back to top

 

Films

You may copy films for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

↑ back to top

 

Music (audio)

You may copy music for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

 

↑ back to top

 

Music (sheet)

You may copy 10% of notated music for study or research. For printed sheet music the 10% rule applies to the number of pages, and for electronic works it applies to the number of bars.

 

↑ back to top

 

Periodical publications

You may copy one article from a periodical publication, or two or more articles from a periodical publication, if they are for the same research or course of study.

Students and staff may print or save (but not share) one copy of any article obtained from the Library's electronic journal collections for study, research, or personal use, as these collections are subject to licence agreements between UOW and various database vendors.

↑ back to top

 

Sound recordings

You may copy sound recordings for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

↑ back to top

 

Web

The amount you may copy for study or research depends upon the nature of the material you wish to copy:

  • If the material is artworks, then the artwork limitations apply
  • If the website is a periodical publication, then the periodical publication limitations apply.
  • If the material is a text, then you may copy 10% of the number of words. You may only copy more than this if:
    • the copying falls within the scope of the five fairness factors ; or
    • the website provides permission, and the website is authorised by all the copyright owners to give permission.

 

↑ back to top