Copyright and Fair Dealing
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Just because everything is easily accessible on the web doesn't mean that it's all free for the taking.
Copyright is a law that protects a creator’s ownership of and control over the work he or she creates, requiring other people to get the creator’s permission before they copy, share, or perform that work.
Creative works include:
- writing of all kinds - artwork
- photos - videos
- music
See also:
Avoiding Plagiarism
Referencing
Copyright is a law that protects a creator’s ownership of and control over the work he or she creates, requiring other people to get the creator’s permission before they copy, share, or perform that work.
Creative works include:
- writing of all kinds - artwork
- photos - videos
- music
See also:
Avoiding Plagiarism
Referencing
Copyright Guidelines for Using Physical & Electronic Resources
Watch: Copyrights and Wrongs
Australian Copyright law sometimes allows you to use someone else’s work - as long as it’s fair. In Australia this is called “fair dealing”, and it’s different to the law in the U.S. which is called “fair use”. These exceptions allow lots of beneficial uses that society has agreed copyright owners should not be able to charge for, or worse, prevent.
There is ongoing debate about whether Australia should update its copyright laws and introduce fair use. The current law is not easy to understand – research shows that Australian creators are often confused about their rights – and many think we already have fair use.
Fair Dealing: The key difference between “fair use” and “fair dealing” is that Australia’s “fair dealing” laws set out defined categories of acceptable uses.
There is ongoing debate about whether Australia should update its copyright laws and introduce fair use. The current law is not easy to understand – research shows that Australian creators are often confused about their rights – and many think we already have fair use.
Fair Dealing: The key difference between “fair use” and “fair dealing” is that Australia’s “fair dealing” laws set out defined categories of acceptable uses.
Fair Dealing - Acceptable Uses
Fair Dealing Australian Law
Smartcopying is the official guide to copyright issues for Australian schools and TAFE. Please refer to Smartcopying for full details regarding how Fair Dealing applies to Research or Study.
Fair Dealing
Australia’s copyright legislation has long provided for fair dealing. The current Copyright Act does not define a fair dealing. Rather, specific fair dealing exceptions exist for the purposes of:
- research or study;[7]
- criticism or review;[8]
- parody or satire;[9]
- reporting news;[10] and
- a legal practitioner, registered patent attorney or registered trade marks attorney giving professional advice.[11]
The Australian Law Reform Commission has proposed changes to pre-digital age copyright laws to incorporate considerations for our digital economy. The 2013 Discussion Paper references the U.S. Fair Use Laws as a case in point for consideration for Fair Dealing exceptions when used for non-profit Educational purposes (13.14).
The paper also refers to free-use exceptions in the Australian Copyright Act 1968 (as ammended) for educational institutions (13.11). These exceptions are:
- s 28 - performing material, including playing music and films in class
- s 44 - including short extracts from material in a collection
- ss 135ZG, 135ZMB—copying insubstantial portions
- s 200—use of works and broadcasts for educational purposes
- s 200AAA—proxy web caching by educational institutions.
To date, the Discussion Paper's recommendations are yet to be enacted. The public has been invited to make submissions in response to the Paper and contribute to the law reform process.
See also Smartcopying resources:
Information Sheets for Schools
Students and Copyright
Library Copying
Copyright 4 Educator's Course
Australia’s copyright legislation has long provided for fair dealing. The current Copyright Act does not define a fair dealing. Rather, specific fair dealing exceptions exist for the purposes of:
- research or study;[7]
- criticism or review;[8]
- parody or satire;[9]
- reporting news;[10] and
- a legal practitioner, registered patent attorney or registered trade marks attorney giving professional advice.[11]
The Australian Law Reform Commission has proposed changes to pre-digital age copyright laws to incorporate considerations for our digital economy. The 2013 Discussion Paper references the U.S. Fair Use Laws as a case in point for consideration for Fair Dealing exceptions when used for non-profit Educational purposes (13.14).
The paper also refers to free-use exceptions in the Australian Copyright Act 1968 (as ammended) for educational institutions (13.11). These exceptions are:
- s 28 - performing material, including playing music and films in class
- s 44 - including short extracts from material in a collection
- ss 135ZG, 135ZMB—copying insubstantial portions
- s 200—use of works and broadcasts for educational purposes
- s 200AAA—proxy web caching by educational institutions.
To date, the Discussion Paper's recommendations are yet to be enacted. The public has been invited to make submissions in response to the Paper and contribute to the law reform process.
See also Smartcopying resources:
Information Sheets for Schools
Students and Copyright
Library Copying
Copyright 4 Educator's Course
Creative Commons is a kind of copyright that makes it easy for people to copy, share, and build on someone’s creative work – as long as they give the creator or author credit
The Creative Commons licences provide a simple standardised way for individual creators, companies and institutions to share their work with others on flexible terms without infringing copyright. The licences allow users to reuse, remix and share the content legally.
Offering your work under a Creative Commons licence does not mean giving up your copyright. It means permitting users to make use of your material in various ways, but only on certain conditions.
Creative Commons Information Pack for Teachers and Students
What is Creative Commons?
How to find Creative Commons licensed materials
How to attribute Creative Commons licensed materials
Smartcopying - A Quick Guide to Creative Commons
Offering your work under a Creative Commons licence does not mean giving up your copyright. It means permitting users to make use of your material in various ways, but only on certain conditions.
Creative Commons Information Pack for Teachers and Students
What is Creative Commons?
How to find Creative Commons licensed materials
How to attribute Creative Commons licensed materials
Smartcopying - A Quick Guide to Creative Commons
Watch: What is Creative Commons?
How to Locate Free Creative Commons IMAGES via Google Advanced Image Search
How to Locate Free Creative Commons Digital CONTENT via Google Advanced Search
Public domain is a creative work that’s not protected by copyright and is therefore free for one to use however one wants. It is, however, respectful to always give credit to the creator.
Plagiarism
What is Plagiarism?
Plagiarism is when people do not respect somebody else's intellectual property. It is a form of 'cheating' which involves 'stealing' someone else's ideas and work and 'lying' by pretending it's your own work.
Please visit the page detailing how you can avoid Plagiarism.
What is Plagiarism?
Plagiarism is when people do not respect somebody else's intellectual property. It is a form of 'cheating' which involves 'stealing' someone else's ideas and work and 'lying' by pretending it's your own work.
Please visit the page detailing how you can avoid Plagiarism.
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References
Australian Copyright Council. (2015). Copyright.org.au. Retrieved from http://www.copyright.org.au/acc_prod/ACC/Home/ACC/Home.aspx?hkey=24823bbe-5416-41b0-b9b1-0f5f6672fc31
Australian Digital Alliance. (2016). Fair Use Week: Why do we want fair use in Australia? Australian Digital Alliance. Retrieved from http://digital.org.au/content/fair-use-week-why-do-we-want-fair-use-australia
Australian Government. (2013). Copyright and the Digital Economy DP 79: Discussion Paper. Australian Law Reform Commission. Retrieved from https://www.alrc.gov.au/publications/copyright-and-digital-economy-dp-79
Australian Government. (2013) The New Fair Dealing Exception: Differences between new fair dealing and fair use. Australian Law Reform Commission. Retrieved from www.alrc.gov.au/publications/6-new-fair-dealing-exception/differences-between-new-fair-dealing-and-fair-use
Australian Government. (2008). Copyright Act 1968: Act No. 63 of 1968 as amended. Office of Legislative Drafting and Publishing. Retrieved from https://www.legislation.gov.au/Details/C2008C00593/398c6114-9924-46c1-845a-8d66892b1845
Australian Law Reform Commission,. (2015). What is fair use?. Alrc.gov.au. Retrieved from http://www.alrc.gov.au/publications/4-case-fair-use-australia/what-fair-use
Commonsensemedia,. (2014). Copyrights and Wrongs. Commonsensemedia.org. Retrieved 12 July 2015, from https://www.commonsensemedia.org/educators/lesson/copyrights-and-wrongs
Commonsensemedia,. (2015). Copyright and Fair Use Animation. Retrieved from https://www.commonsense.org/education/lesson/copyrights-and-wrongs-9-12
Creative Commons Australia. (2017). Fact Sheet. Retrieved from: https://creativecommons.org.au/learn/fact-sheets/
Gough, K. and Suzor, N. (2017). Fair Use vs Fair Dealing: How Australian Copyright Law Differ. Lifehacker. Retrieved from https://www.lifehacker.com.au/2017/07/fair-use-vs-fair-dealing-how-australian-copyright-law-differs/
National Copyright Unit. (2018). Smartcopying: The Official Guide to Copyright Issues for Australian Schools and TAFE. Copyright Advisory Groups (Schools and Tafe). Retrieved from http://www.smartcopying.edu.au/home
Ultimate YouTube Resources (2013). What is Creative Commons? YouTube. Retrieved from https://www.youtube.com/watch?v=7j7ZSEt-ME0
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