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Education Licence B: Statutory Text and Artistic Licence

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 Anthologies

Schools/TAFE institutes are allowed to copy a literary or dramatic work of no more than 15 pages that is published in an anthology (eg one short story in a book of short stories).

Other books and text works

Schools/TAFE institutes are allowed to copy a reasonable portion of a text work. A 'reasonable portion' is either 10% of the pages in the work or one chapter, whichever is greater.

Insubstantial copying

Schools/TAFE institutes are allowed to copy an insubstantial part of a text work. For hard copy works, an insubstantial part is:

  • less than the whole work where the work is 2 or fewer pages
  • up to 2 pages where the work is between 2 and 200 pages
  • more than 2 pages but not more than 1% of the total number of pages where the work exceeds 200 pages.

What if I want to copy a whole work?

Schools/TAFE institutes can copy a whole work if:

 Artistic works  

Artistic works in hard copy form include photographs, cartoons, diagrams and drawings.

What a school or TAFE can copy depends on whether or not the artwork accompanies or illustrates text (eg an illustration of a scientific process described in a text book)

If an artistic work accompanies text, the whole or part of an artistic work which accompanies text may be copied.

If an artistic work has no accompanying text, the whole or part of an artistic work may be copied if it:

Separate Publication of an artistic work

Separate publication of an artistic work occurs whenever it is commercially available. For example, where the work is available as any of the following – a postcard, poster, slide set or similar reproduction or as an e-card or digital artwork on the Internet.

It does not include a public exhibition of an artistic work.

Where an artistic work is in electronic form but not available in hard copy form (because it is not accompanying the text or has not been commercially published), the educational institutions may still make a copy under the EUS for educational purposes.

Making Slides of artistic works

Educational institutions are permitted to make slides from artistic works from art books provided slides of the artistic work are not commercially available.

Notice requirements

Where a hardcopy work is reproduced in hard copy form, (eg photocopied) there is no requirement to place a notice on the copies made. However where a hardcopy work is converted into electronic form and communicated, each copy or communication must include a specific notice.

See EUS Notice Requirements for further information

EUS

Electronic Copying Rules (The EUS)

The electronic copying rules apply to source material in electronic form (eg on-line newspapers, e-books, CD-Roms and web pages). The scheme for managing copying from source material in electronic form under the Statutory Text and Artistic Licence is often called the EUS (Electronic Use Scheme).

Text works

There are different rules for copying articles in periodical publications, anthologies and other text works (eg CD-Roms, e-books or PDF versions of documents):

Articles in a periodical publication

Schools/TAFE institutes are generally allowed to copy one article from an electronic periodical publication (eg an e-journal, e-newspaer or e-zine).

Anthologies

Schools/TAFE institutes are allowed to copy a literary or dramatic work of not more than 15 pages that is published in a paginated electronic anthology (eg one story in an on-line selection of short stories).

Note: this rule only applies to paginated electronic anthologies, such as e-books, PDF documents or other formats that resemble a hard copy publication.

Insubstantial copying

Schools/TAFE institutes are allowed to copy an insubstantial part of a text work in electronic form. An insubstantial part is:

  • for paginated works of more than 200 pages, up to two pages
  • for non-paginated works, up to 1% of the total number of words in the work.

Note: any insubstantial copying from text works in electronic form must be consecutive (eg pages 2 and 3, or paragraphs 1 to 3 of a web page).

There is no requirement to pay for copying of an insubstantial part, or to keep records of this type of copying. However, schools/TAFE institutes are not allowed to copy another insubstantial part of the same work within 14 days of making the same copy.

Artistic works  

Electronic art works include clip art, scanned drawings, digital photographs or image files (eg jpegs, bit-map or tif).

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

Separately published  generally means supplying copies to the public or making copies available to the public. For example:

  • hard copy (book, brochure, information sheet or other publication)
  • CD-Rom or disc
  • website.

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