Section 200AB of the Copyright Act can allow a use of copyright material by educational institutions, libraries, collecting institutions and people with a disability, where the use is not covered by other specific exceptions in the Copyright Act.

who	Purpose
library, archives, gallery, museum	“maintaining or operating” the collection, including to provide services of a kind usually provided in relation to the collection
educational institution	“giving educational instruction”
person with a disability that causes difficulty with reading, viewing or hearing something in a particular form	“obtaining a reproduction or copy … in another form or with a feature that reduces the difficulty”

In addition to the requirements about who can use Section 200AB, and for what purpose, the section only applies if:

• the use is not covered by another special provision in the Copyright Act (such as Part VB);
• the copying is not made for commercial advantage or profit;
• the circumstances of the use amount to a special case;
• the use does not conflict with a normal exploitation of the material; and
  
• the use does not unreasonably prejudice the legitimate interests of the owner of the copyright.

In our view, section 200AB is unlikely to apply if your use:

• would result in you acquiring a copy of an item that you could buy within the time you need it;
• would result in you acquiring a copy of an item that you could hire within the time you need it, and for the period of time you require it;
• would result in you acquiring a copy of an item that you could borrow within the time that you need it, and for the time you need it;
• is usually licensed to people such as yourself, and a licence is available to you;
• is not for a specific and identified need or request;
• is more than you need;
• results in a risk of substantial subsequent unauthorised use of the work; or
• requires circumvention of an access control TPM.

On the other hand, if none of the above factors apply, section 200AB is more likely to apply if:

• the number of people the use is for is small;
• the time-frame of the use is short;
• the proportion of the work you are using is small;
• the material you are using has been published;
• you are not using any infringing copy;
• no moral rights are infringed;
• Indigenous cultural property concerns are met; and
• your use includes marking (for example, “made under s 200AB”).

Section 200AB is more complext than other exceptions in the Copyright Act, and you will usually need advice about whether or not it applies in a particular situation.

There is more information about Section 200AB in our book Special case exception: education, libraries, collections.