Guidelines on s.200AB

Use of works and other subject matter for certain purposes

The purpose of this new exception is to “…provide a flexible exception to enable copyright material to be used for certain socially useful purposes while remaining consistent with Australia’s obligations under international copyright treaties.” (Explanatory Memorandum to the Copyright Amendment Bill 2006).

This is a very complex exception, as there is little authoritative guidance to help UOW understand how it can be used in practice.

If you believe that your actions fall within the scope of this exception, please contact the University Copyright Officer before taking any action.

You may use works and other subject matter if all of the following apply:

• The circumstances of the use amount to a special case
• The use does not conflict with a normal exploitation of the material
• The use does not unreasonably prejudice the legitimate interests of the copyright owner.
• No other exceptions apply (eg fair dealing or statutory licence)
• It is not done (even partly) for the purpose of obtaining a commercial advantage or profit

Also, in addition to the above, the use MUST be for at least one of the following purposes:

• To maintain or operate a library or archive (including to provide usual services)
• To provide educational instruction
• To make it easier for a person with a disability to read, view, or hear the material

Last reviewed: 14 June, 2007