Current exceptions

13.11 The Copyright Act contains a number of free-use exceptions for educational institutions. There are exceptions for:

  • s 28—performing material, including playing music and films in class;

  • s 44—including short extracts from material in a collection;

  • ss 135ZG, 135ZMB—copying insubstantial portions;

  • s 200—use of works and broadcasts for educational purposes; and

  • s 200AAA—proxy web caching by educational institutions.

13.12 There is also a broad exception in s 200AB of the Copyright Act for, among others, bodies administering an educational institution. The exception covers a use that is for the purpose of giving educational instruction and not for a profit.[7] The use must amount to a special case, must not conflict with a normal exploitation of the material and must not unreasonably prejudice the legitimate interests of the owner of the copyright.[8]

13.13 The Copyright Act also provides exceptions for fair dealing for the purpose of research or study, in ss 40 and 103C.[9] However, these exceptions have been held not to extend to uses by educational institutions, but only to private research and study by individuals.[10]

[7]Copyright Act 1968 (Cth) s 200AB.

[8] Ibid s 200AB.

[9] Ibid ss 40, 103C, 248(1)(aa). See also Ch 7, ‘Fair Dealing’.

[10] De Garis v Neville Jeffress Pidler Pty Ltd (1990) 37 FCR 99; Haines v Copyright Agency Ltd (1982) 64 FLR 185.