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Education Licence B: Statutory Text and Artistic Licence

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Statutory Text and Artistic Licence for Educational Copying of Literary, Dramatic, Musical and Artistic Works

The Statutory Text and Artistic Licence  in Part VB of the Copyright Act allows schools and TAFE institutes to make multiple copies of literary, dramatic, musical and artistic works for educational purposes. Payment is made to the Copyright Agency Limited (CAL) which is the collecting society that administers the Statutory Text and Artistic Licence . Payment is made by the relevant governing body of the school or TAFE, eg the relevant Department of Education. All government schools and most non-government schools and TAFE institutes are covered by the Statutory Text and Artistic Licence.

See 1.11: Statutory and Voluntary Licences for further information on Collecting Societies

All copying outside the Statutory Text and Artistic Licence  requires permission from the copyright owner.

Definitions

Communication  includes posting a work on the Internet or an intranet site, sending by email or fax or providing access over a network.

Educational institutions  include:

  • schools
  • TAFE institutes
  • Universities

Educational purpose  includes a reproduction or communication of a copyright work:

  • made for teaching purposes including preparation for teaching a class
  • made and used as a part of a course and study
  • made and retained in the library for use as a teaching resource.

Electronic works  in relation to literary, dramatic and musical works in electronic form includes CD-Roms, websites, word documents and emails.

Hardcopy  in relation to literary, dramatic and musical works in print form includes books, magazines, newspapers, journals or periodicals.

Ordinary commercial price  is likely to be what the market rate for that work is or has been, or a price comparable to that of other works of the same nature.

Reasonable time  is six months for text books and thirty days for other material. For electronic works, in an on-line context, reasonable time may be shorter, given the ease of electronic delivery of materials via the Internet.

Reproduction  includes scanning and photocopying.

Separately published  generally means supplying copies to the public or making copies available to the public. For example:

  • hard copy (book, brochure, information sheet or other publication)
  • CD-Rom or disc
  • website.

Webpage  is a text file usually coded in HTML.

Website  is a collection of web pages, published together on the Internet by one person or organisation under the same domain name (Internet address).

What does the Statutory Text and Artistic Licence cover?

The licence allows schools and TAFE institutes to copy and communicate text and artistic works in both hard copy and electronic form, including:

  • photocopying hardcopy books, journals, newspapers or reports
  • scanning from hardcopy works
  • printing from electronic material such as websites, e-books or CD-Roms
  • uploading text or artistic material to an intranet or learning management system (LMS)
  • making electronic copies of works (eg saving to disc).

There are rules about how much of a text or artistic work a school/TAFE can copy and how it can be communicated.

What does the Statutory Text and Artistic Licence not cover?

The Statutory licence does not cover:

Copying rules under the Statutory Text and Artistic Licence

The Statutory Text and Artistic Licence has a number of rules about how much a school/TAFE can copy and communicate from a text or artistic work. Sometimes the rules are different depending on whether the source material is in hard copy or electronic form.

For example, if a teacher wants to scan a copy of an article in a printed newspaper the source material will be in hard copy form, and the hard copy rules will apply.

If the teacher wants to print an article from a webpage, the source material will be in electronic form, and the electronic copying rules will apply.

Hard copy copying rules

The hard copy copying rules apply to source material in hard copy form (eg books, printed newspapers or hard copy reports).

Text Works

There are different rules for copying articles in periodical publications, anthologies and other text works (eg books).

Articles in periodical publications

Schools/TAFE institutes are generally allowed to copy one article from a periodical publication (such as a journal, newspaper, magazine or other regularly published work).

Schools/TAFE institutes can copy more than one article from the same publication if the articles are on the same subject (eg two articles on the history of the Eureka Stockade).

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