Frequently Asked Questions - Educational

1. I am a student. What rights do I have to copy from published works for study purposes?

There are a number of “fair dealing” provisions in the Copyright Act 1994 which permit copying by individuals.

Fair dealing for research or private study: Individuals can make single copies of extracts from published works for research or study purposes where such copying does not affect the market in the work. For example, copying of an article from a periodical would be acceptable. Copying 10% of a book that is available for purchase would be normally be acceptable. However, if that 10% involved the copying of all chapter summaries in the book, it would not because the copying would be of a substantial nature. In this instance, the user should have purchased by the book. Any copies made under this provision cannot be further copied. To do so would be to create infringing copies.

Fair dealing for criticism or review: Individuals can copy small extracts from a work for “criticism or review” as long as they provide sufficient acknowledgement of the creator of the work. This provision may be used when writing assignments, academic papers or articles or other works for publication.

2. I am a student. What rights do I have to copy from the internet?

The same provisions that apply to copying from published works for the purposes of study would apply to any copying from the internet. Although the internet is in the “public domain” all material on the internet is protected by copyright. It is important to check the copyright statement provided on each website to ascertain the rules for copying from that site. Often, website owners will permit copying from their site for educational or non-commercial purposes.

3. Do schools have to have a licence to provide copies of material from published works to students?

The Copyright Act 1994 limits the amount certain educational institutions can copy for students to encourage copyright licensing. Certain educational institutions are permitted to make multiple copies of up to 3% or 3 pages of a work for students for educational purposes. This copying may not exceed 50% of a work which means that if the whole work is being copied within the 3 page limit (for example a poem, short story or article from a periodical), then copying must be limited to 50% of the work.

4. What rights does a commercial private training establishment have to copy from published works for students enrolled in an English language course?

A commercial private training establishment must have a licence from CLL to make copies of extracts from published works for students or authority to do so from the publisher.

5. Can a school copy a sound recording for students?

Yes. Under Section 45 of the Copyright Act copyright in a sound recording or a work included in a sound recording is not infringed by the copying of that work where that copying is done:

• in the course of preparation for instruction, or
  
• for use in the course of instruction, or
  
• in the course of instruction, or
  
• after the course of instruction where the lesson relates to the learning of a language or is conducted by correspondence, and where the copying is done by or on behalf of the person giving the lesson or by or on behalf of the person receiving the lesson, and no charge is made for the supply of a copy to the student receiving the lesson.

6. Can a school copy a film for students?

A film can be copied for the educational purposes of making a film or film soundtrack.

7. Can an educational establishment read and record a published story onto a CD or cassette and make it available to their students, if no published recording of that story exists?

No. Permission would have to be obtained from the publisher.