In this section, print works refers to literary, dramatic, artistic and musical works in print form.
Due to the special nature of artistic works, artistic works are treated differently in some circumstances.
See 2.2: Artistic Works and Photographs
See Appendix B: Statutory Print Licence: Artistic Works
Copyright in a print work will not be infringed where the copy or communication is done:
See 1.11: Dealing with Copyright
(a) Free Use Exceptions
The Copyright Act contains a number of free use exceptions and other matters which allow copyright material to be used without the permission of the copyright owner. The free use exceptions that are relevant for educational institutions are set out below.
Fair dealing
The copying of print 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
- criticism or review
- reporting the news
See 1.14: Defences and exceptions to infringement
(i) Scanning and photocopying
In limited circumstances, photocopying or scanning by students of part or, the whole of print works may be a fair dealing for the purpose of 'research or study'.
Scanning or photocopying a print work by a teacher to assist his or her research and preparation of an educational course will be a fair dealing for the purposes of research and study.
(ii) Making multiple copies for class
The fair dealing exception does not apply to the making of multiple copies of print materials by an educational institution (or its teachers) for its students required in a course of study. This may only be done with:
- the permission of the copyright owner; or
- under the Statutory Print Licence
(b) Other statutory exceptions
(i) Reading, performing and reciting a literary work during class
Copyright is not infringed by a teacher or student performing, reading or reciting a literary work while giving or receiving educational instruction in a class.
(ii) Copying by hand
(iii) Copying for exams
See 1.14: Defences and exceptions to infringement
(c) Statutory Print Licence
Part VB of the Copyright Act provides a special statutory licence which allows educational institutions to reproduce and communicate the print work to its students for educational purposes. Most copying under the scheme is paid for by educational institutions.
A brief outline of the statutory licences is set out below. Further details of the compliance procedures for these schemes including sample remuneration notices are contained in Appendix B: Statutory Print Licence and Appendix F: Notices.
The Statutory Print Licence allows for copying of:
- an insubstantial part of print works - this is a free use
- a reasonable portion or more of print works - this is remunerable and involves two schemes:
- Hard Copy Scheme
- Electronic Use Scheme (EUS)
Free copying under Statutory Print Licence
Educational institutions can copy an insubstantial portion of a print work for free and without a remuneration notice, provided that an insubstantial portion of the print work has not been copied in the previous 14 days.
- Hard Copy Materials
An insubstantial portion is up to 2 pages or not more than 1% of a print work.
- Electronic Materials
An insubstantial portion is not more than 1% of the words in the electronic work.
See Appendix B: Statutory Print Licence
Remunerable copying under Statutory Print Licence
The Hard Copying Scheme
The Hard Copy Scheme covers the reproduction and communication of hard copy works. The scheme permits the copying and communication of a reasonable portion of the work. As a general rule, reasonable portion of a literary, dramatic, artistic or musical work is 10% of the number of pages of that work or if the work is divided into chapters such as a text book, one chapter of that work.
There are special rules in relation to Anthologies.
See Appendix B: Statutory Print Licence: Anthologies
The EUS
The EUS applies where the print work is in electronic form and is either reproduced or communicated for educational purposes, as set out below:
- copying text from electronic form (such as from a CD-Rom or a website)
- making electronic or digital copies of hard copy print (eg saving to disc, scanning parts of a textbook)
- communicating text by electronic means (via email, intranet or a secure website).
The scheme permits the copying and communication of a reasonable portion of the work. A "reasonable portion" is 10% of the number of words of an electronic work.
See Appendix B: Statutory Print Licence
(d) Other issues
(i) Artistic and Musical Works
Artistic and musical works are treated differently under the Statutory Print Licence.
See Appendix B: Statutory Print Licence
(ii) Special Rules for Anthologies
Anthologies are treated differently under the Statutory Print Licence.
See Appendix B: Statutory Print Licence: Special Issues Anthologies
(iii) Disability Copying Provisions
The Statutory Print licence has specific provisions in relation to copying by educational institutions for children with print or intellectual disabilities.
