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