Skip to main content
University of Wollongong Australia

Copyright: For students

Legal information and requirements for copyright regarding academic research for staff and students.

The Copyright Act 1968 (Cth) provides students and researchers with a provision for copying. In order to use this ‘fair dealing’ provision you must genuinely be copying the material for the purpose of study or research.

The guide below is a starting point. Contact a librarian or our Copyright Officer to discuss your questions.

You may copy artworks for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don't infringe the creators' moral rights.

You can copy 10% or one chapter of a published literary work (whichever is greater) for the purpose of study or research.

For hardcopy works, the 10% rule applies to the total number of pages and for electronic works it applies to the total number of words.

You may copy more than the above limits to the extent that the copying falls within the scope of the five fairness factors, and you don't infringe the creator's moral rights.

You can copy 10% or one chapter of a published dramatic work (whichever is greater) for the purpose of study or research.

For hardcopy works, the 10% rule applies to the total number of page and for electronic works it applies to the total number of words.

You may copy more than the above limits to the extent that the copying falls within the scope of the five fairness factors, and you don't infringe the creator's moral rights.

You may copy films for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

Music (audio)

You may copy music for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

The copying must be fair in relation to all elements of copyright, including the lyrics, musical works, sound recordings, as well as in the artistic works and text on the CD insert.

UOW's music licence

Under our music licence, students may make a video recording for educational purposes which includes music from the AMCOS/ARIA repertoire if the video recording is made by students as part of a course of instruction and if it's only played at a university event.

If you make such a video recording, you must comply with all of the following:

  • don’t use the material for acts not covered by the licence
  • don’t infringe the creator's moral rights

Music (sheet)

You may copy 10% of notated music for study or research. For printed sheet music the 10% rule applies to the number of pages, and for electronic works it applies to the number of bars.

You may copy more than the above limits to the extent that the copying falls within the scope of the five fairness factors, and you don’t infringe the creator's moral rights.

You may copy one article from a periodical publication, or two or more articles from a periodical publication, if they are for the same research or course of study.

Students may print or save (but not share) one copy of any article obtained from the Library's electronic journal collections for study, research, or personal use, as these collections are subject to licence agreements between UOW and various database vendors.

You may copy sound recordings for study or research if:

  • the copying falls within the scope of the five fairness factors; and
  • you don’t infringe the creator's moral rights.

The amount you may copy for study or research depends upon the nature of the material you wish to copy.

If the material is an artwork, then artwork limitations apply.

If the website is a periodical publication, then the journals/periodical publication limitations apply.

If the material is a text, then you may copy 10% of the number of words. You may only copy more than this if:

  • the copying falls within the scope of the five fairness factors; or
  • the website provides permission and the website is authorised by all the copyright owners.

In the absence of direct permission, you’re allowed to print one copy of a PDF for your own use.

You may print one copy of a webpage's contents if the webpage (not the browser) includes facilities for printing such as 'printer friendly' pages.

Loading

Australia doesn't have a broad Fair Use exception, so you can't use this as a defense. The most common exception at UOW is the Fair Dealing exception, outlined by the fairness factors below. The severity of copyright infringement depends the way you've obtained and used the copyright material in relation to the fairness factors.

Fairness Factors

1. The purpose and character of the use.

For example, is the new work simply a straight copy of the original material? If the new work changes the original in some way, it's more likely to be seen as fair. Also, the commercial use is usually seen as being less fair.

2. The nature of the copyright material.

For example, copying from an out of print book may be seen as more fair, compared with copying from an in-print publication.

3. The possibility of obtaining the material within a reasonable time at an ordinary commercial price.

For example, if a publisher sells recording sheets for a psychological testing instrument, making unlicensed copies for students will not be seen as fair.

4. The effect of the dealing or recording upon the potential market for (or the value of) the material.

For example, copying material from a textbook for use in another textbook (even if it's a free, 'open textbook') is not fair use.

5. Where only part of the material is used, the amount and sustainability of the part used in relation to the whole material.

This is as much about quality as it is about quantity. For example, copying key scenes from a play could be viewed as being less fair than copying other, less important scenes.

Moral Rights

The right of an author or other creative artist to protect the integrity and ownership of their work.

UOW Library  |  Subject readings  |  A-Z journals  |  A-Z databases  |  Copyright  |  Research Online

Borrowing information | Connect to wireless | Print, copy & scan

Ask us  |  Tell us