Can I copy material from the internet for research?
You should first check the website for any statements about copyright which apply to the material you want to copy. The copyright owner may expressly allow you to print and/or download material, possibly under stated conditions. Otherwise, you may print and/or save material to disk if:
• it is for your research or study; and
• the copying is fair, having regard to the five factors set out above.
For more information:
What constitutes research and fair use?
Research
According to Court, is “diligent and systematic enquiry or investigation into a subject in order to discover facts or principles...”
You will not infringe copyright if you use material for the purposes of research or study, provided that your use is fair.
Fair Use:
The Act sets out two situations deemed fair when dealing with copyright material for research or study and sets out guidelines which should be applied in other cases.
Situation 1:
A “reasonable portion” of text or notated music
If you are reproducing text or printed music from a hard copy edition of 10 or more pages, the Act deems that it is fair to copy:
• 10% of the number of pages; or
• one chapter, if the work is divided into chapters.
For text material published in electronic form, it is deemed to be fair to copy:
• 10% of the number of words; or
• one chapter, if the work is divided into chapters.
If the material is available in hardcopy and separately in electronic form, you can choose which form to use, and apply the relevant test to work out what is deemed to be fair.
Situation 2:
Copying more that the amounts deemed fair
You will have to consider all the circumstances to work out if it is fair to reproduce more than the above amounts of textual material, or if you want to do something with textual material other than reproduce it. For other material, such as drawings, photographs, unpublished material and so on, the Act does not state how much you may use without permission. Rather, you will need to consider whether, in all the circumstances, it is fair to use the material.
The Copyright Act does set out some factors for working out whether, in all the circumstances, your use is fair in relation to reproductions of copyright material for the purpose of research or study. These are:
• the purpose and character of the dealing (for example, copying in connection with a course is more likely to be fair than copying for research which may be used commercially);
• the nature of the work (for example, it may be less fair to copy a work resulting from a high degree of skill than a mundane work);
• the possibility of obtaining the work within a reasonable time at an ordinary commercial price (generally, it is unlikely to be fair to photocopy all or most of a work that you can buy);
• the effect of the dealing on the potential market for, or value of, the work (making a copy is unlikely to be fair if the publisher sells or licenses copies, for example from its website); and
• in a case where part only of the work is copied, the amount and substantiality of the part copied in relation to the whole work (it is less fair to copy a large or important part of the work than to copy a small or unimportant part).
Can students (university or school) use music in videos that they make?
Generally, you will need permission to use someone else’s music in a film or video. However, if a student is using the music for a video for the purpose of research or study then there are provisions that may allow them to do so provided the use is fair. In the event the video is for a public screening, entry into competitions or broadcast on local TV, permission will generally be required from relevant copyright owners.
Most primary and secondary schools have a joint licence agreement with AMCOS and ARIA (the Australian Record Industry Association) that allows them to make certain video and audio recordings of music, including recorded music. For information about this licence, see Educational Institutions: Digital & AV Resources or visit the AMCOS website at: http://www.apra.com.au.
References:
Australian Copyright Council (2006). Music: Use in student films and videos. Strawberry Hills: Australian Copyright Council.
Australian Copyright Council (2007). Research or study. Strawberry Hills: Australian Copyright Council.
