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Summary of Copyright Act

Copyright is an important issue for us all at Expo Copy Services. Please note and consider the following information when requesting work; Much of the material supplied for photocopying comes from sources covered by copyright and should not contain more than the limit allowed under the copyright act (www.ecu.edu.au/GPPS/copyright/). Any material copied from other publications is covered by copyright.

Summary of Copyright Regulations - Photocopying Related Issues

A brief summary of the copyright requirements of the Copyright Act is given below. This does not attempt to cover all aspects of the law, but should be sufficient in the majority of cases.
1. Multiple Copies made for Educational Purposes*.

The Copyright Act gives copyright owners prescribed rights of their work. One of these rights is the right of reproduction (copying). Part VB of the Act provides an exemption from the copyright owner, provided that the copying is for the educational purposes of the institution, and the prescribed limits on the amount copied are complied with.

  1. Periodical Articles - the whole of an article from a periodical. More than one article may be copied from the same periodical if they relate to the same specific subject matter (e.g. a specific tutorial topic)
  2. Books- for books that are a collection of separate ‘works’ or items written either by the same author or by different authors (e.g. book of short stories or poems) please refer to Anthologies below. For other books 10% of the total number of pages, or 1 chapter if the book is divided into chapters (whichever is the greater) may be copied.
  3. Anthologies - the whole part of a literary or dramatic work contained in an anthology may be copied provided the work is no more than 15 pages. Up to 10% of the pages may be copied providing the work has not been separately published.
  4. Artistic Works – including Maps, Diagrams and tables- are subject to copyright protection as a work in their own right. They can be copied together with the text that they explain or illustrate. If they are copied separately, first a check must be made to establish that they are not available separately published.
  5. Unavailable/Out of Print Works - where it can be established that a work is unavailable through the normal supplier at an ordinary commercial price within a reasonable time (6 months for textbooks, fourteen days in other cases) then up to the whole work may be copied. Documentation supporting of the unavailability of a work, must be lodged in an official University Record file in case future inspections are carried out. It is desirable that the copies made are annotated to indicate they have been made under the CAL licence, due to the original work being unavailable.

Where copying is done with permission of the copyright owner rather than in reliance of the CAL licence, the copies made should be annotated to indicate that they are made with the permission of the copyright owner and supporting documentation should be filed in an official University Record file. NOTE: The CAL licence provides that no student should receive more than 10% or one chapter from a particular book in any given year.

2. Insubstantial Portions.

An insubstantial portion is:
One or two pages of a literary work; or
No more than one percent of the total number of
Pages in the literary or dramatic work if there are
More than 200 pages.

Copying of the whole of a work will never fit within the insubstantial portions exemption. This exemption does not apply to artistic or musical works. The copying of cartoons (and possibly graphs) as well as sheet music is therefore not covered by this exemption.

3. Fair dealing copying.

Section 40 of the copyright act permits an individual to make a single copy for their own research and study purposes only. If any other use is made of the copy, then the exemption will no longer apply.

*Educational copying includes copies made for teaching purposes, for inclusion in the Universities library collection or for the administrative purposes of the university.