National Copyright

2.1

Can we copy illustrations or photos from a book, conference paper or article if they explain text being copied?

Yes, you can copy the whole of an illustration provided that it:

• explains the text or if it is not separately published and
• available within a reasonable time at an ordinary commercial price.

2.2

Can artistic works be copied for examination purposes?

Yes

2.3

Can a new work be created from an existing artistic work?

No, unless the copyright owner has given permission.

See 1.17: Moral Rights

2.4

Can cartoons be copied to be used as part of a class discussion?

Yes, provided that the cartoon is not:

• separately published; or
• the separate publication is not available within a reasonable time at an ordinary commercial price.

2.5

What is the meaning of separately published?

Separately published generally means the work is made available bythe copyright owner to members of the public including:

(a) if in hard copy form - made available as a book, brochure, information sheet or other publication which contains the work on its own
(b) if in electronic form -

(i) made available on a CD-Rom or disc
(ii) made available on a website where the copyright owner has authorised the visit for free or payment to make their own reproductions for free.

2.6

Can a teacher copy a diagram onto the board in a class?

Yes. there is a special provision in the Copyright Act which allows for copying by hand in class.

2.7

Can images be copied from a disc or from a CD-Rom?

Yes. Any artistic works may be reproduced and/or communicated if in electronic form.

No, if the CD-Rom contains terms or conditions which prohibit the copying of images from the CD-Rom.

2.8

Can an artistic work be scanned or digitised?

Yes, provided that the:

• artistic work is not separately published; or
• separate publication is not available within a reasonable time at an ordinary commercial price.

2.9

Can an artistic work be photographed?

Yes if the artistic work is being photographed under the Statutory Print licence or under any of the Free Use exceptions.

Not otherwise, unless the express consent of the copyright owner has been obtained.

2.10

Can a work of sculpture be photographed?

Yes, the Copyright Act allows this to occur if the sculpture is permanently situated in either a public place or premises open to the public.

2.11

Can buildings be photographed?

Yes, the Copyright Act allows buildings and models of buildings to be photographed.

2.12

Can an artistic work be included in a film?

Yes, provided it is incidental to the principal subject of the film, it’s inclusion is permitted

2.13

Can we use Microsoft clipart and other clipart from the internet?

Under the End User Licence Agreement (EULA) available on the Microsoft website, it is likely that most uses of clip art in a school environment are permitted.

Check the terms provided with the licence if you are unsure.

Before using clip art from other websites, read the terms and conditions to see what is permitted. Contact the website administrator if you are unsure.