Smartcopying

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Overview

Artistic works refer to drawings, paintings, sculptures, photographs, engravings, prints, mixed media works, cartoons, plans, maps, and logos.

See 1.3: What is Protected? for further information

Copying and communicating artistic works

In general, copyright in an artistic work will not be infringed where the copy or communication is done:

• with the express permission of the copyright owner

  See 1.10: Dealing with Copyright for further information

• under the fair dealing, flexible dealing, educational and other statutory exceptions

  See 1.13: Copyright Exceptions for further information

• under the Statutory Text and Artistic Licence

  See Education Licence B: Statutory Text and Artistic Licence for further information

1. Fair dealing 

   The copying of artistic works for fair dealing purposes is free and does not require the permission of the copyright owner. The relevant fair dealing exceptions are:

   • research or study eg students making their own versions of Andy Warhol Pop Art or using an existing artistic work in new artistic work
   • criticism or review eg reviews of exhibitions, an article of an artist's work and career
   • Reporting the news eg reporting the winner of a student art competition and reproducing the winning artwork in a school publication
   • Parody or satire, eg making a parodic version of a famous picture

     See 1.13: Copyright Exceptions for further information

2. Flexible dealing

   Schools/TAFE institutes can now use artistic works for non-commercial teaching purposes if the use is not covered by another exception or Statutory Licence. Most copying of artworks will be covered by the Statutory Text and Artistic Licence so the flexible dealings exception will not often apply.

   To use the flexible dealings exception, teachers must assess whether the proposed use:

   1. Is a special caseYour use will be a special case where it is narrow in both a qualitative or quantitative sense.  This means that you are only using what you need for educational instruction.
   2. Is for educational instructionEducational instruction means teaching (including remote teaching), preparation for teaching, preparing materials for students to use for homework or research tasks, or other uses that are in connection with teaching. 
   3. Is not for commercial advantage or profitYour use will be commercial where you, your students or your institute are making a profit or gaining a commercial advantage from the use of the material.  Cost recovery is likely okay. 
   4. Doesn’t conflict with the normal exploitation of the copyright materialYour use will probably conflict with the normal exploitation of the material where it is possible to purchase a similar resource. 
   5. Doesn’t unreasonable prejudice the legitimate interests of the copyright owner or person licensed by the owner

   Your use will prejudice the copyright owner if you:

   a. use more than you need;

   b. interfere with the quality of the material;
   

   c. expose the content to piracy, such as uploading the content to the Internet.Uploading the content to a password protected intranet, blog, wiki or content management system is okay provided students are not able to make further copies; and
   

   d. don’t remove the content from the password protected DTE as soon as practicable after it is no longer required for education instruction.

   One activity covered by the flexible dealings exception is making a three-dimensional sculpture of an image.

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3. Educational exceptions

   Copyright in artistic works is not infringed by:

   1. Communicating for classroom performance, eg displaying an artwork on an electronic whiteboard or in a virtual classroom
   2. Copying by hand
   3. Copying for exams
4. Other statutory exceptions
   1. Works in public places

      Copyright in a sculpture, craftwork or building (and models of buildings) displayed permanently outdoors or in a place or building open to the public is not infringed by students or staff making a painting or photograph of it.

   2. Incidental use on television

      The use of an artwork in the background of a film or television program filmed by students and staff will not infringe copyright in the artwork, provided the use is incidental and does not form part of the main action being presented.

5. Other relevant issues
   1. Artistic Works under the Statutory Text and Artistic Licence

      Artistic works are treated differently under the Statutory Text and Artistic Licence.

      See Education Licence B: Statutory Text and Artistic Licence: Artistic Works for further information

   2. Copying artistic works to include in the library collection

      A school library is able to reproduce an artistic work for inclusion in the school library's collection for the purpose of making it available to students for the purpose of research and study.

   3. Copyright in school photographs

      In most cases, the photographer will own the copyright in the school photographs, unless there is an agreement otherwise.

      For further information, see:
      
      1.10: Dealing with Copyright
      1.6(c): Copyright in School Photographs

   4. Moral rights

      You should always be aware that the creator of an artwork has moral rights in that work which must be respected.

      For further information, see:
      
      1.16: Moral Rights
      FAQs: Artistic Works and Photographs

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