When permission to use copyright work is not required

There are exceptions to copyright protection which provides limited circumstances where you can use copyright works without seeking permission from the copyright owner. These exceptions are set out for the use of works for specific users (eg. school and libraries etc.) or for specific reasons (eg. research and reporting of current events).

General fair dealing

There are some factors (non-exhaustive) that are taken into account when deciding whether copying in a certain situation is a ‘fair-dealing’:

  1. The purpose and nature of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes
  2. The nature of the work
  3. The amount and significance of the work copied, in relation to the whole ;
  4. The effect of the dealing upon the potential or value of the work
  5. The possibility of obtaining the work within a reasonable time at an ordinary commercial price

If you copy works for a specific purpose of research and study, it is considered fair dealing so long copying limits are observed. For a published work of at least 10 pages, the copying limit is 10% of the total number of or one chapter of the work, whichever is greater.

Specific Fair Dealing Defences

There are also specific fair dealing scenarios where use of a work would not constitute infringement:

  1. Fair dealing for purpose of criticism or review

    Where the work is used for the purpose of criticism or review, of that work or another work, and is accompanied by a sufficient acknowledgement of the work

  2. Fair dealing for purpose of reporting current events

    Where the work is used for the purpose of reporting current events in newspapers, magazines or periodicals and is accompanied by sufficient acknowledgement of the work.

If you are from an educational institution, you can make copies of, or to communicate a copyright work within certain limits for educational purposes. The copying or communication of works is certain record keeping requirements and the requirement to pay equitable remuneration.