Smartcopying

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Reasonable time  is six months for text books and thirty days for other material. For electronic works, in an on-line context, reasonable time may be shorter, given the ease of electronic delivery of materials via the Internet.

Ordinary commercial price  is likely to be what the market rate for that work is or has been or a comparable price to other works of the same nature.

The Internet

The EUS allows schools/TAFE institutes to copy literary, dramatic,musical and artistic works from websites including:

• artistic works - digital photographs, drawings, charts, graphic images, clip art
• literary works - articles in electronic periodicals, e zines, on-line newspapers, electronic versions of books
• dramatic works - electronic version of plays, screenplays or dance notation
• musical works - electronic version of sheet music.

Reasonable portion and the Internet

A 'reasonable portion' for a print work on the Internet is generally:

• 10% of the words in the work or up to one chapter if the work is divided into chapters
• one article in a periodical publication (eg e-zines, on-line versions of newspapers).

The EUS allows schools/TAFE institutes to copy and communicate all of an artistic work.

Copying a whole work on the Internet

Schools/TAFE institutes can copy a whole work on the Internet if it has not been separately published and is not available within a reasonable time at an ordinary commercial price.

Examples of separately published works on the Internet

There is no simple rule for identifying what is a single 'work' on the Internet. The following principles may provide some assistance as examples of what should be considered a 'work':

• A collection of web pages on the same theme or subject area arranged under the same domain name, such as the sporting information available at sports.ninemsn.com, or each subject matter area on Microsoft Encarta.
• A link to an external website. As a general guide, if the link takes you to material published by a different person or organisation or under a different domain name, it should be considered to be a different website (eg a link from www.det.nsw.gov.au to www.tafe.nsw.gov.au from the NSW Department of Education and Training Website)
• Material within a website hierarchy that is analogous to a newspaper or magazine should be treated as a periodical publication. For example, the ninemsn site contains news updates as well as a link to the Bulletin magazine. The Bulletin magazine should be considered a different work from the Ninemsn webpage.
• A website that contains information on one subject matter or theme should be considered to be a work. For example:
  • the website for a television show
  • the website for a product or series of related products, or on a particular sport or recreational activity
  • the website for an industry association.

What does 'separately published' mean in an on-line context?

It can sometimes be hard to work out if something on the Internet has been separately published.

Schools/TAFE institutes should ask the following questions:

• is the document something you would expect to receive as a complete work in hardcopy form, such as a newsletter, report, discussion paper or fact sheet?
• has the document been made available in a separate format on the webpage, such as via a link to a PDF or Word document?
• if the document is in HTML format, does the website treat it as a 'stand-alone' document? For example, does the website describe it as a report or separate document, or provide an index or description of the document?
• is the document published or authored by someone other than the owner of the website?

If the answer to any of these is yes, it is likely that the work is separately published.

Internet Print World Analogy Table

The Statutory Text and Artistic Licence sets different copying limits depending on whether the source material is an article in a periodical publication, an anthology or some other general type of work (eg a book). This table shows how these categories apply to some common Internet publications:

 EUS Notice Requirements

Where a work is copied and communicated in electronic form (eg by email or being made available on the educational institution's intranet):

• it must include the prescribed notice

See Education Licence Notices: Sample Form of Notice

• reasonable steps must be taken to ensure that the material is made available on a password protected site
• no more than the limited amount may be made available at any one time
• the material should be removed after 12 months or it will be regarded as being reproduced again.

Sampling Surveys

Educational institutions must give CAL a remuneration notice before they can rely on the Statutory Text and Artistic Licence. Schools/TAFE institutes are required to take part in sampling surveys. This allows CAL to set licence fees and calculate distribution rates for copyright owners.Under the sampling system, schools/TAFE institutes are not required to keep a record of their usage of copyright material unless they are included in a sampling survey. Schools/TAFE institutes included in a sampling survey are required to record all uses of copyright material over a certain period of time.

Schools have two separate sampling schemes – one for photocopying and one for electronic use (the EUS). Approximately 180 schools take part in the photocopy sampling survey each year and around 100 take part in the EUS. A school would usually take part in one of the surveys every eight years. TAFE institutes have a combined sampling system for all copyright uses (photocopying and electronic uses). TAFE institutes can usually be expected to take part in a survey once in every five years.

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