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Flexible Fair Dealing

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Q:    Who can use section 200AB?


A:    Teachers and staff in schools can use s 200AB provided the proposed use:
1.    Is not covered by an existing licence or exception
2.    Is for the purpose of educational instruction and is not for profit
3.    Is not "unreasonable"


Q:    What types of copyright material does section 200AB cover?


A:    All types of material.  This includes the following material in hardcopy and digital format:
• text based works (such as books, plays, poems, articles from journals and newspapers)
• artistic works (such as photographs, diagrams, cartoons and illustrations)
• musical works (such as sheet music and scores)
• sound recordings (CDs, podcasts, MP3 files)
• television and radio broadcasts
• films (online and in VHS/DVD format)

BUT NOTE some types of copyright material will almost always be protected by an access control TPM (such as commercially produced entertainment DVDs).  You are never allowed to remove or disable an access control TPM for the purposes of section 200AB.  For more information on 'access control TPMs' see the “Technological Protection Measures and the Copyright Amendment Act 2006”  Information Sheet.


Q:    What does section 200AB allow me to do with copyright material?


A:    Section 200AB applies to all of the rights owned by a copyright owner.  This means that section 200AB could let teachers copy and communicate content (eg, email or upload to the intranet), make an adaptation of a work (eg, translate from one language to another), or publish or perform the material in public – but in each case only if the use does not involve circumventing an access control TPM (as described in the previous question).


Q:    How do I know if my use is for the purposes of giving educational instruction?


A:    Your proposed use must be for educational instruction.  “Educational instruction” includes teaching (in a classroom or remotely), preparing to teach, compiling resources for student homework or research, and doing anything else for the purpose of teaching.

Note that "just in case" copying will generally not be sufficient, (eg "I'll copy this in case I need it sometime in the future").  You should have a particular instructional purpose in mind.


Q:    Will my use still be for educational instruction if I charge a cost recovery fee?


A:    Yes.  Cost recovery is OK. However, if you or your school is making a profit from the use or obtaining some other commercial advantage, flexible dealing will not apply to your use.

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