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Who can use section 200AB?
Teachers and staff of educational institutions such as TAFE institutes, schools or school administrations (such as an education department or Catholic Education Office) provided that the use is for educational instruction.
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When can I use section 200AB?
You can only use section 200AB where another educational exception or statutory licence in the Copyright Act does not apply to what you want to do.
For example, if you want to make a scanned copy of a photograph, this activity is covered by the Statutory Text and Artistic Licence and therefore section 200AB will not apply to you. However, if you want to copy an extract of a movie, this activity may be allowed under section 200AB as it is not covered by another exception or statutory licence.
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If I am a teacher does section 200AB automatically apply to me?
No. There are five rules that apply to the use of section 200AB:
- You must be using the copyright material for the purposes of giving educational instruction.
- Your use must be non-commercial.
- The circumstances of your use must be a special case.
- Your use must not conflict with the normal exploitation of the copyright material you are using.
- Your use must not unreasonably prejudice the copyright owner.
For further information on these rules, see information sheet "The New Flexible Dealings Exception – What am I allowed to do?."
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What types of copyright material does section 200AB cover?
Section 200AB may apply to all types of copyright material in both hard copy and digital formats – text based works (such as books, plays, journals and newspapers), artistic works (such as cartoons, photos and illustrations), musical works (such as sheet music and scores), sound recordings (such as music CDs), television and radio broadcasts and films.
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What does section 200AB allow me to do with copyright material?
Section 200AB applies to all of the rights owned by a copyright owner. This means that section 200AB may let teachers copy and communicate copyright material (eg email or upload to the intranet), make an adaptation of a copyright work (eg translate from one language to another) and publish or perform copyright material in public.
Note: some types of copyright material will almost always be protected by an Access Control Technological Protection Measure (such as commercially produced entertainment DVDs like 'The Castle'). You are never allowed to remove or disable an Access Control Technological Protection Measure for the purposes of section 200AB.
For more information on Access Control Technological Protection Measures, see information sheet "Copyright Protection Measures and the Copyright Amendment Act" or contact your local Copyright Manager.
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How do I know if my use is for the purposes of giving educational instruction?
Your use will be for the purposes of giving educational instruction if you need to use the material for teaching (including remote teaching), preparation for teaching, preparing materials for students to use for homework or research tasks or other uses that are for the purposes of teaching.
Note: "just in case" copying will not generally be for the purposes of giving educational copying (eg, "I'll copy that in case I need it sometime in the future"). You should have a particular instructional purpose in mind.
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How do I know if my use is non-commercial?
Your use will be non-commercial as long as you, your class or your school do not make a profit or obtain some other commercial advantage from your use of the copyright material. This does not stop you from charging a cost recovery charge in relation to the use (for example if you copy material onto discs and you want to charge students the cost of their disc).
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How do I know if my use is a special case?
Your use of the work will be a special case if it is narrow in both size and scope. The more narrow your use of copyright material, the more likely that your use will be a "special case". In other words, using a small amount of something for a classroom activity is almost always going to be a special case. Copying more than what you need, or copying material "just in case I need it", where you don't know exactly how you are going to use it, might not be a special case.
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How do I know if my use conflicts with the normal exploitation of the copyright material I want to use?
Your use will conflict with the normal exploitation of the copyright work if you copy or use copyright material in circumstances where it is possible to buy the material from the copyright owner (including in a shop or online), or if you could obtain a licence for your use (eg. if you have ordinarily obtained a licence from the same publisher to use the same or a similar type of work).
See the flow chart in information sheet "The New Flexible Dealings Exception - What am I allowed to do?" for further information about when your use will conflict with the normal exploitation of the copyright material.
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How do I know if my use will unreasonably prejudice the copyright owner?
Your use will unreasonably prejudice the copyright owner if it hurts the copyright owner's interests in either an economic or non-economic sense in an unreasonable way.
For example, if you expose the copyright owner's work to a high risk of piracy (eg, uploading a music file to the internet), you are likely to be prejudicing the copyright owner. This might also be the case if you take more of the copyright material than you need (eg, you copy a whole music CD when you only need to copy 1 song).
See the flow chart in information sheet "The New Flexible Dealings Exception – What am I allowed to do?" for more information about how to decide whether your use will unreasonably prejudice the copyright owner.
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