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Avoiding copyright infringement

If you want to use copyright material, you will need to ask permission of the copyright owner or rely on certain exceptions in the Australian Copyright Act.

An infringement of copyright occurs when you reproduce or communicate a ‘substantial part’ of the material. In assessing what constitutes a substantial part, courts have placed an emphasis on the quality and quantity of what is used.

There is no copyright infringement if:

  • the material is out of copyright and now in the public domain.
  • the copyright is owned by Curtin University.
  • the material has been supplied to the University with an express license to copy and/or communicate it.
  • the material is covered by an open licence that permits the type of use, for example a Creative Commons licence.
  • you obtain permission from the relevant copyright owner.
  • the proposed copying and/or communication falls within any of several exceptions in the Copyright Act that allow limited amounts of copying and communication without payment.
  • the copying and/or communication is covered by a Statutory License.