Copyright

Copyright guidelines for study and research - Fair Dealing

Overview

Original works and other subject matter are automatically given protection 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. Web pages are also protected by copyright.

There are a limited number of circumstances under which you may use copyright protected material. These guidelines outline when you can use material in reliance upon the fair dealing provisions. Click here for information on the other circumstances under which you may exercise copyright owners' exclusive economic rights.

Please note the following important points before reading any further:

  • you cannot rely on the fair dealing provisions for teaching purposes
  • Almost all the material on the web is protected by copyright, and therefore even though in many cases the material may be freely accessible, it does not automatically mean that it is not free
  • If you or UOW has entered into a contract with the copyright owner, then you may only use that material in accordance with the terms and conditions of that contract, despite whatever may otherwise be allowable under the fair dealing provisions.

Some materials may include several layers of copyright. For example, a music CD may contain copyright in relation to the lyrics, musical works and sound recording.

Criticism or review

Under the Copyright Act, a fair dealing with a literary work, dramatic work, musical work, artistic work, sound recording, film, or broadcast does not infringe copyright if it is for the purpose of criticism or review.

In order to be able to use the fair dealing provisions for criticism or review you must genuinely be copying the material for the purpose of criticism or review. You can rely on these provisions where, for example, you quoted someone else's work in order to illustrate the strengths or weaknesses in an argument, hypothesis, position, etc.  Material that is reproduced for the purpose of judging the quality of a work, or for engaging in literary criticism, would also most likely be a fair dealing for the purpose of criticism and review.

However, you cannot rely on these provisions if, for example, you are only including someone else's work merely to supplement your own material. If this is the case, you may still be able to reproduce the work under the fair dealing provisions for research or study. Please note, the fair dealing provisions for research or study do not allow you to publish someone else's work, and therefore you will need to seek the author's permission.

You will need to ensure that you properly acknowledge the author of the work you are copying, as is the case whenever you use someone else's work, and the use of the material must be fair.

Parody and satire

Under the Copyright Act, a fair dealing with a literary work, dramatic work, musical work, artistic work, sound recording, film, or broadcast does not infringe copyright if it is for the purpose of parody or satire.

The parody and satire exception will not apply if the use of the material is not a fair dealing. It will be up to the courts to determine what fair means in relation to parody and satire, and therefore this exception should be used conservatively and with caution.

Study or research

In order to be able to use the fair dealing provisions for study or research you must genuinely be copying the material for the purpose of study or research.

For information about how the study and research limits apply to specific types of material please refer to the relevant section below:

Artworks

You may copy artworks for study or research if:

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.

You may copy more than the above limits to the extent that the dealing falls within the scope of the five fairness factors, and you do not infringe the creator's moral rights.

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.

You may copy more than the above limits to the extent that the dealing falls within the scope of the five fairness factors, and you do not infringe the creator's moral rights.

Films

You may copy films for study or research if:

Music (audio)

You may copy music for study or research if:

Please note: the dealing must be fair in relation to all layers of copyright that you copy, such as copyright in the lyrics, musical works, sound recordings, and copyright in the artistic works and text on the CD jacket.

Alternatively, you may be able to copy the music in reliance upon UOW's music licence.

Under our music licence, students may make a video recording of music from the AMCOS/ARIA repertoire for educational purposes if the video recording is made by students as part of a course of instruction and is only played at a university event. If you do make such a video recording, you must comply with all of the following:

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, for electronic works it applies to the number of bars.

You may copy more than the above limits to the extent that the dealing falls within the scope of the five fairness factors, and you do not infringe the creator's moral rights.

Periodical publications

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

Students and staff may print or save one copy of any article obtained from the Library's electronic journal collections for study or research, as these collections are subject to licence agreements between UOW and various database vendors.

Sound recordings

You may copy sound recordings for study or research if:

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 dealing 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.

In the absence of direct permission or statement to the contrary, 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 the contents of a webpage, if for example the webpage (not the browser) includes facilities for printing such as 'printer friendly' pages.