Limits on using copyright material for teaching

The Copyright Act includes a number of provisions that allow copyright material, to be used for teaching. The following limits apply when including copyright material in the LMS. Contact the Copyright Office permission service if the required material is not in this list or if there is a need to seek permission from a copyright owner for the copying of material, that is above the listed limits.

  • Journal articles

    1 article from a journal issue or 2 or more articles from the same issue if the articles are on the same topic.

    Many journal articles are available from library databases via Discovery or The University catalogue. There are also direct links to University of Melbourne database articles via a scholarly browser service. The usage of library resources is governed by licences between The University and database providers. These licences generally do not allow for articles to be printed out or downloaded as PDFs, for teaching purposes. Therefore, it is best to link to articles. Contact the Readings Online team for assistance with this. If there is a need to print or download articles for teaching purposes, please contact us.

  • Literary, dramatic or musical works, and anthologies

    (Such as - books, poems, plays, scripts, music scores, sheet music)

    10% of the total number of pages or 1 chapter, whichever is the greater amount. More than 10% or 1 chapter, (even the whole work) can be copied if the work is not available for purchase. If the material is not available to purchase keep records that show that the material is not available to purchase, such as information that shows that the material is out of print. The 'not available to purchase' threshold does not require individuals to purchase second-hand copies of works or for individuals to purchase expensive special editions of works. The Copyright Office can assist with not available for purchase verification.

    More than 10% or 1 chapter, (even the whole work) can be copied of a published edition when the underlying work is out of copyright, (for example works by Shakespeare or Mozart). In these instances, the copyright applies to the layout and editing of the edition, but not the content.

    Anthologies

    A copy can be made of a literary or dramatic work, in an anthology if the work does not exceed 15 pages. This applies to both print and electronic anthologies; however, the electronic anthology must be paginated (e.g. in pdf). If a work exceeds more than 15 pages, then only a reasonable portion of the work (i.e. 10% or one chapter, if the work includes chapters) can be copied. The copying of a whole work in an anthology does not apply if the work is available as a separately published text, in its 'own right.

    The copying of multiple works from the same anthology is allowed, as long as the amount copied does not exceed 15 pages.

  • Artistic works

    Includes digital images, photographs, graphs, diagrams, maps and cartoons.

    If an image is from a print source, e.g. a textbook, the whole image can be used if the image cannot be separately purchased at an ordinary commercial price within a reasonable time.

    If an image is from an electronic source, e.g. a website, then the whole image can be used, without having to check for the availability of a purchasable copy.

  • Recorded music

    Recorded music can be streamed via the LMS under the Music Licence. Reproductions of recorded music can also be given to students or played in class.

    Only music from the music industry's repertoire is covered. Check the APRA/AMCOS website or contact us. Some conditions and restrictions apply, for more information see the music licence.

    Recorded music from radio broadcasts can also be used.

  • Other (non musical) sound recordings

    Non-musical sound recordings can be played in class, but they cannot be uploaded onto the LMS and copies cannot be made and given out to students. Seek permission from the copyright owner, if there is a need to upload the recording to the LMS or if there is a need to make copies for students. If the sound recording has been broadcast on radio, it may be possible to use a broadcast copy.

  • Films

    A film or TV program from a commercial DVD can be shown in class but it cannot be uploaded onto the LMS and copies cannot be made for students. Use a broadcast copy or seek permission from the copyright owner if there is a need to upload a film or TV program onto the LMS or if copies need to be made for students.

    Please note:  Most commercial streaming services are for personal use only. Therefore, they cannot be used for educational purposes .

  • Radio and TV broadcasts

    Material broadcast on free to air television and radio, including digital channels, can be used. Pay TV is also covered if the University has a subscription, as is satellite TV. "Catch Up TV" services, such as the ABC's iView, can be linked to. These services may also be downloaded if the website allows it.

    Broadcast programs can be recorded in part or in full, a single episode can be recorded or the entire series, whichever is required for teaching. Each copy must be marked, either on the item itself or on the container, with the following:

    • The name of the institution for which the copy is made, i.e. the University of Melbourne
    • A reference to the statutory license for educational purposes
    • The date on which the program was broadcast or transmitted.
    • The date on which the copy was made.

    Please note that most commercial streaming services do not allow the transmitting or downloading of programs for educational institutions. Popular streaming services are generally aimed at the private market only, check terms and conditions of services. Personal streaming services are not included under the broadcast licence.

  • Podcasts

    Podcasts can be downloaded under the statutory license for educational purposes if they were originally 'born' as broadcasts, e.g. Andrew Denton's Enough Rope was originally broadcast on the ABC. Link to podcasts when possible. Podcasts and webcasts that are 'online only' and have not been broadcast 'free-to-air' are not included under the statutory license for educational purposes and should only be linked to.

    Podcasts and webcasts that were originally broadcast overseas can be copied, if the country of origin has signed the Rome Convention. Many countries, such as the United States, New Zealand, China, Hong Kong and Singapore, are not signatories. Podcasts from these countries can still be linked to.

  • Websites

    Link to websites. There are no copyright restrictions on linking to websites. Do not link to infringing sites. Check the terms and conditions of a website before downloading material, printing material or uploading material to the LMS. If there are no terms and conditions on a website, then the statutory licence may apply. Keep to the copying limits, as shown on this page. Textual material, pictorial material, etc. have the same limits regardless of the source, when relying on the statutory licence.

  • Computer software or games

    There are no provisions for reproducing or communicating computer software or games. Seek permission or purchase a licence if software is required for teaching purposes. The University purchases licences for many different types of software that can be used for teaching, for more information see: software and applications.