"Special Purpose" Exception - s200AB
The Copyright Amendment Act 2006 introduced s200AB. This is a “special purpose” exception under the Copyright Act which is available to educational institutions. It can enable narrow use of copyrighted materials for free where such use is not covered by another exception in the Act and there is no other licence option available.
Note: Every reliance on this exception needs to be assessed on a case by case basis. Please consult the Copyright Coordinator for advice.
What can the exception be used for?
Some examples of uses which might be permitted under s200AB are:
- 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.
- preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need.
- format shifting a video from an obsolete format if you require it to be played in class and a more suitable format is unable to be purchased (e.g. VHS to DVD).
To be able to rely on this section, you must satisfy the following:
- You must be using the copyright material for the purposes of giving educational instruction.
- Your use must be non-commercial.
- 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.
- 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.
- 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 Coordinator will assist in determining whether your proposed use satisfies the above criteria.