The University of Tasmania holds a statutory licence allowing UTAS staff to copy and communicate “reasonable portions” of certain published texts for educational purposes without obtaining permission. There are some licence conditions and these are discussed below.
Books and dramatic works which are 10 or more pages in length
Where the work is in hardcopy form you can copy or communicate 10% of the number of pages or 1 chapter (whichever is the greater) from the published edition.
Where the work is in electronic form (and is not subject to individual licence arrangements) you can copy or communicate 10% of the number of words or one chapter (whichever is the greater) from the published edition.
Periodical publications (journal articles, newspaper articles etc.)
One article from a periodical issue can be copied or communicated. Two or more articles may be copied or communicated if they relate to the same specific subject matter.
Works published in anthologies.
You can copy or communicate the whole of a literary or dramatic work contained in a published anthology if that work is no more than 15 pages in length.
Musical scores (Printed Music)
You can copy or communicate 10% of the number of pages of a published musical work in hardcopy form (sheet music) if that work is 10 or more pages in length.
You can copy 10% of a published musical work (musical notation) contained in electronic form. There is no definition of what amounts to 10% of a musical work in electronic form within the statutory licence. However, the rule has been interpreted to apply to the number of bars.
The 10% rule does not apply to a collection (anthology) of musical works.
Copying and communicating other forms of music (audio recordings, performances etc) for educational purposes is discussed on the Music web page.
Out of print texts
You can copy or communicate the whole of an out of print work if it cannot be obtained in a reasonable time at an ordinary commercial price. The Library can assist you to determine if a work is out of print.
When copying material to create unit readers or for class handouts the limit has been interpreted to apply to the Unit. i.e. 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.
When communicating copyright material online the limit has been defined to apply to the university as a whole. This means the University can only make a “reasonable portion” of a work available online if no other part of that work is available at the same time. Therefore the university is required to centrally manage online licenced communications. This is carried out via the eReserve and University Digital Copyright Management System (DCMS).
The Australian Copyright Council has also provided that where a work is in print and commercially available, no one student should receive more than one “reasonable portion” in any one course or subject. [i.e. a Unit]. In other words, where a work is commercially available, you can’t avoid the “reasonable portion” limit by giving students one amount one week, an additional amount the next week, and more the week after that.
A copyright notice must be displayed immediately before or at the same time as the licenced communication. Notice requirements are further explained on the Notices and labels web page.
Sheet Music, texts and images can be reproduced as part of a question to be answered in an examination or in an answer to an examination question.
Hand written reproductions, arrangements and transcriptions (i.e. without the use of a machine that can make multiple copies such as a photocopier) of sheet Music, texts and images are permitted in the course of educational instruction.
Authorised by the University Librarian
19 July, 2013