The statutory licence for educational purposes
There are provisions within the Copyright Act that allow the University to reproduce copyright material for educational purposes under certain conditions. The Copyright Act defines educational purposes are as reproducing or communicating (e.g. making available online or emailing or faxing) copyright material to enrolled students for a particular course provided by the University or for the administration of that course. Educational purposes do not cover other activities of the University, such as research, marketing and promotion or engagement, for example public lectures.
The statutory licence (s113P) covers the reproduction or communication of textual material, images and TV and radio broadcasts. Textual material includes book chapters, journal articles, sheet music, plays and scripts etc. Broadcasts also include pay TV, satellite TV and podcasts of broadcasts. The licence allows copyright material to be made available to students in print coursepacks, as a class handout or via email as well as online on the LMS via Readings Online (text and images) and Kanopy (broadcasts). Copies can also be provided electronically on DVD or USB drive etc.
The statutory licence is not a free exception in the Act. The University pays an annual fee for the right to use this licence. These fees are then distributed by Copyright Agency and Screenrights to authors and creators as royalties. Copyright Agency and Screenrights are collecting societies representing copyright owners and creators. They administer the statutory licence on behalf of their members. As such, the TV and radio broadcast component of the licence is often called the Screenrights licence. The textual material and images part of the statutory licence is often called the Copyright Agency Licence.
Many academic staff are also authors and creators and may be eligible for royalties under the statutory licence if they are a member of Copyright Agency.
For more information on using material under the statutory licence, see copyright and teaching.
There are additional provisions that allow copyright material to be performed in class - see using copyright material in lectures – and included in exams and tests – see copying material for exams and test questions.
The statutory licence covers very limited use of music, so the University also has a licence with the Australian music industry for the use of recorded music for educational purposes. Again, an annual licence fee is paid to the music collecting societies, APRA/AMCOS, ARIA and PPCA, who then distribute royalties to their members. For more information see the music licence.