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9. Library, Exam and Disability Copying

Limited Preservation Copying By Libraries

The 2017 amendments to the Copyright Act consolidated and streamlined the exceptions allowing libraries and archives to make copies of copyright material for preservation purposes. Libraries and archives are no longer required to wait until material has been damaged or suffered deterioration before making preservation copies.  Libraries and archives are permitted to make multiple preservation copies, and make available electronic preservation copies to the public without infringing copyright.

For more information, see http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-1-library-copying


Copying for Examinations

Previously, the exam copying exception allowed TAFEs to include certain kinds of copyright works in hardcopy examination papers, but the exception did not apply if the exam was conducted online. TAFEs are now permitted to use any kind of copyright material in exams regardless of whether they are hardcopy or online exams (including broadcasts, sound recordings and films).


For more information, see https://www.smartcopying.edu.au/information-sheets/tafe/copying-for-exams-what-am-i-allowed-to-do.


Disability Copying Exceptions

The Copyright Amendment (Disability and other Measures) Act 2017 introduced two disability access exceptions: the Organisational Disability Exception in s113F and the Fair Dealing for Disability Exception in s113E.  

The Organisational Disability Exception in s 113F allows TAFEs to make accessible format copies for students with a disability if the copyright material is not commercially available in the format required by the student and with the appropriate features they require. There is no restriction on the kind of format that can be created under this exception.

The Fair Dealing for Disability Exception in s 113E permits TAFEs to make “fair dealings” of copyright material for the purpose of providing students with a disability to have access to the content.  There are a number of matters to which regard must be had in determining whether the dealing is a "fair dealing".

For more information, see http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-access-exceptions or contact the NCU.