The Copyright Act provides some exceptions to the rights of copyright owners that allow students & researchers to use material without permission so long as they comply with certain conditions. This is called Fair Dealing for research or study. It allows students to copy limited amounts of material as part of their study if the following conditions are complied with:
- The purpose of the student's proposed use must be research or study. This includes work you are required to undertake as part of the course you are enrolled at ECA.
- The proposed use must be 'fair.'
Whether or not the use is fair depends on various factors:
- What is the purpose of the dealing?
- Is there the possibility of obtaining the work within a reasonable time at an ordinary commercial price?
- Could there be a detrimental effect of the dealing on the potential market for, or value of, the work?
- How substantial of an amount is the part copied in relation to the whole of the work?
In most cases, you can only copy an insubstantial portion of a work. There are no guidelines for copying of artistic works under Fair Dealing.
Generally, the Fair Dealing exceptions can only be used by individuals; that is, staff cannot use fair dealing to copy on behalf of students. There is no payment required for the use of the Fair Dealing exceptions. For a more detailed explanation of Fair Dealing see the Australian Copyright Council website.
There are several points to consider for researchers who have published work:
- If you own the entire copyright for a piece of work, copying limitations do not apply, and you may copy as much as you require.
- If you share copyright with another person or company, you should seek their permission in writing or rely on the Statutory Education Licence.
- If you have published an article in a journal, you may have signed over all or some of the reproduction rights to the publisher, which means Statutory Education Licence limits may apply. If you're not sure, check the agreement that you signed with your publisher.
