June 2008

There is more detailed information about Part VB in our practical guide Educational institutions: text, images & music.

Terms in bold are defined in a glossary of terms.

Outline of Part VB

Part VB of the Copyright Act allows an educational institution to copy and communicate text, images and notated music if:

• the institution is an educational institution as defined in the Copyright Act,
• the institution is covered by a remuneration notice with Copyright Agency Limited (CAL),
• the use is for educational purposes,
  
• (in most cases) if the work is commercially available, only a 'reasonable portion' is used,
• any marking requirements are met,
• any record keeping requirements are met, and
• a copy is not sold or used for another purpose.

Hardcopy scheme and electronic use scheme

Part VB contains one set of provisions that allow copying of printed material such as books and newspapers (the 'hardcopy scheme'), and another set of provisions that allow copying and communication of digital material (the "electronic use scheme'). There are some differences between what is allowed for hardcopy material and what is allowed for digital material.

Hardcopy material

You can copy an entire work if it is:

• unpublished
• published, but not separately
• not available (in any form) within a reasonable time at an ordinary commercial price
• an article in a periodical (such as a journal, newspaper or magazine) – more than one if they are on the same subject
• a text work of no more than 15 pages published in an anthology
• an image that accompanies (and explains or illustrates) text that can be copied under Part VB.

Otherwise, you can copy a 'reasonable portion' of the work.

If the work is published as an edition of 10 or more pages, then

• 10% of the pages, and
• 1 chapter (if that is more than 10% of the pages)

are deemed to be a 'reasonable portion'.

More can be a 'reasonable' portion', but there is no guidance in the Copyright Act about when that would be the case. And 'reasonable portion' is not defined for other works, such as artistic works, unpublished works and works in editions of fewer than 10 pages.

Digital material

You can copy and communicate an entire digital work if any of the criteria for copying an entire hardcopy work are met. In addition, you can copy an entire digital work if it is:

• available for purchase, but only in hardcopy
• an image (even if it is available for purchase in digital form).

Otherwise you can copy and communicate a 'reasonable portion' of the work.

If the work is published, then

• 10% of the words,
  
• a chapter (if more than 10% of the words), and
• 10% of a musical work

are deemed to be a 'reasonable portion'.

Similarly as for hardcopy works, more can be a 'reasonable' portion', but there is no guidance in the Copyright Act about when that would be the case, and 'reasonable portion' is not defined for artistic works or unpublished works.

Further information

See links to information sheets, practical guides, training and other websites on our education page.