Using print and graphic material
(Copyright Agency agreement)
The University’s Statutory Licence agreement with the Copyright Agency permits copying and communicating print and graphic material with the following conditions:
- Use is strictly for educational purposes of Curtin University.
- Access is restricted to Curtin staff and students.
- There are limits on the amount of material which can be copied and communicated.
- All electronic communication (e.g. via email, Blackboard, etc.) of copyright material must have the electronic warning notice attached.
Copyright Agency agreement copying limits
The Statutory Licence copying limits vary depending on the type of material used and whether the communication is in hardcopy or online.
For hardcopy communication, the copying limits apply per unit per semester. For example, if you teach more than one unit, you can photocopy one chapter from a book for students of one of the units and a different chapter from the same book for another unit.
For online communication, the copying limits apply across the University as a whole. If the University wishes to make available online a ‘reasonable portion’ of a work, it can only do so if no other part of the same work is made available at the same time. For example, if a lecturer has made one chapter from a book available online, no-one else in the University can make another part of that same book available until the other chapter is taken down (even if the lecturer is making it available for a completely different unit).
Since the Statutory Licence limits for online communication apply to the University as a whole, it is necessary to have a centralised service to track copying of material under the Statutory Licence. Under the University’s Copyright Procedures, any copying and communication under the Statutory Licence must be through the Library’s Reading Lists service. Reading Lists is integrated with Blackboard. Material should not be uploaded directly to Blackboard.
Under the Statutory Licence, the following copying limits apply by material type:
- Journals/newspapers/periodicals – one article per issue, two or more articles if they are required for the same research project or course of study.
- Books – no more than 10% of the words/pages OR one chapter, whichever is the greater. Some books contain statements such as ‘all rights reserved…no part of this book may be reproduced without permission’ – these statements do not prevent you from relying on the Statutory Licence to copy within the copying limits.
- Conference papers – depending on how these are published they may be considered a journal article (if included in regular conference proceedings), a book chapter (if published in a one-off volume of conference proceedings) or as a whole work (if not published or made available to the public). You cannot copy the whole of a conference paper if it has not been published – you can only copy 10% of it.
- Anthologies – one literary or dramatic work, comprising no more than 15 pages of the anthology.
- Artistic works (including images, diagrams, maps, tables, etc.) – may be copied together with the text they explain or illustrate. If copied on its own, the whole of an artistic work can be copied unless it has not been separately published. If it has been separately published, the whole can be copied only if it meets the criteria of out of print or unavailable works.
- Out of print or unavailable works – more than the copying limits may be used if the University is satisfied, after a reasonable investigation, that copies of the work cannot be obtained within a reasonable time and at an ordinary commercial price. A reasonable time is considered as six months for textbooks and 30 days for other material.
Material from websites or online databases may be covered by a contract or licence agreement. You will need to comply with the terms of the agreement rather than the terms of the Statutory Licence.
The Copyright Agency agreement contains special provisions relating to ‘insubstantial portions’ that are useful if you want to copy or communicate a quote, paragraph or short extract. An insubstantial portion is normally limited to 1-2 pages, 1% of the words or a literary or dramatic work. A whole work, even if less than 1-2 pages cannot be reproduced under these provisions – e.g. a brochure, a pamphlet or an article from a newspaper or magazine. Artwork cannot normally be copied under these provisions unless it is ‘incidental’, e.g. a diagram which explains or illustrates the text in a literary work which is copied together with the accompanying text.
If you have made parts of a work available under the insubstantial portions provision, you must remove access and wait for a period of 14 days before you can make another part of the same work available. If you copy material under these provisions, it is not necessary to display the electronic warning notice.