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"Special Purpose" Exception - s200AB

The Copyright Amendment Act 2006 introduced s200AB, a new free “special purpose” exception under the Copyright Act from 1 January 2007 which is available to educational institutions. This enables narrow use of copyrighted materials for free where such use does not fall under any of the statutory licences or exceptions or the Music Licence.

Note: As this section is very new and has not yet been tested in any court, the University is taking a conservative approach to relying on this section. Please consult the Copyright Officer before seeking to rely on this exception.

What Can the Exception Be Used For?

Some examples of uses permitted under s200AB are:

  • making a captioned version of a film for hearing impaired students when it is not possible to buy a captioned version of the film and you need
  • compiling short extracts of audio-visual material for use in class (such as making a compilation of short extracts of several videos for an English class) when it is not possible to buy a similar teaching resource to show the film in class. If copying from DVDs, you must not disable any access control technological protection measure
  • preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need.

To be able to rely on this section, you must satisfy the following:

  1. You must be using the copyright material for the purposes of giving educational instruction.
  2. Your use must be non-commercial.
  3. The circumstances of your use must be a special case.
    - your use must be narrow in a qualitative and quantitative sense
    - the amount you use should only be what you need for your teaching purposes
  4. Your use must not conflict with the normal exploitation of the copyright material you are using.
    - you cannot rely on this section if you can buy or obtain a licence for your use
    - you cannot use the work/s in a way which the copyright owners would usually make money from
  5. Your use must not unreasonably prejudice the copyright owner.
    - your use must not expose the work to piracy
    - you must not interfere with the quality of the work

The Copyright Officer will assist in determining whether your proposed use satisfies the above criteria.

 

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