Further copyright resources

Further resources

Adelaide University Policies

Legislation

Advocacy

Copyright collecting society licences

Along with commercial licences with various vendors, the University has agreements in place with all key Australian copyright collecting societies, who are responsible for licensing a broad range of material and distributing royalties to rights holders.

The agreements with Copyright Agency and Screenrights are sometimes referred to as statutory or compulsory education licences, as the Copyright Act expressly permits educational institutions to use protected material administered by these collection societies for educational purposes, so long as they are fairly remunerated.

‘Educational purposes’ generally refers to copying an item for use in connection with a particular course or to include it in a library collection. It does not extend to copying conducted by students.

The University can copy and communicate literary, dramatic, artistic and musical works provided it is:

For educational purposes.
Not conducted for profit aside form cost-recovery.
Within the limits outlined below.

Material copied or communicated under the Copyright Agency licence should include the following attribution: Copied under the Copyright Act s.113P

The copy and communication limits under the current agreement with Copyright Agency are based on the now-superseded Part VB of the Copyright Act:

Type of Material	Copy and Communication Limit	Note
Literary, dramatic or musical works of more than 10 pages (excluding anthologies)	10% of the pages. 10% of the words for eBooks, if pagination is variable. 1 chapter, if divided into chapters. Whole work if it isn’t available for purchase within a reasonable time at an ordinary commercial price.	eBooks are typically governed by license terms which override this provision. Musical works refer to music compositions. See the <Music Licence> [if possible link to accordion #3 below, APRA-AMCOS, Aria & PPCA: Music] for sound recordings.
Anthologies of literary or dramatic works (compilations of works by different authors)	For works less than 15 pages: Whole work. For works 15 pages or more: 10% of the pages; 1 chapter, if divided into chapters; or Whole work if it hasn't been separately published.	‘Works’ are the individual works such as poems or short stories that make up the compilation, not the entire anthology itself. More than 1 work per anthology may be copied if these criteria are met AND no more than 10% of the entire anthology is copied.
Periodicals (journals, newspapers)	1 article per issue; or Multiple articles if they relate to the same subject matter.	Electronic journals are typically governed by license terms which override this provision.
Artistic works	For incidental artistic works: Whole work. For artistic works from hardcopy form: Whole work if it hasn't been separately published or isn't available for purchase at an ordinary commercial price in a reasonable time. For artworks from electronic form: Whole work regardless of commercial availability.	Artistic works are considered incidental if they're included for the purpose of explaining or illustrating another work. Note that ‘educational purposes’ excludes merely decorative images.

Type of Material

Copy and Communication Limit

Note

Literary, dramatic or musical works of more than 10 pages

(excluding anthologies)

10% of the pages.

10% of the words for eBooks, if pagination is variable.

1 chapter, if divided into chapters.

Whole work if it isn’t available for purchase within a reasonable time at an ordinary commercial price.

eBooks are typically governed by license terms which override this provision.

Musical works refer to music compositions. See the <Music Licence> [if possible link to accordion #3 below, APRA-AMCOS, Aria & PPCA: Music] for sound recordings.

Anthologies of literary or dramatic works (compilations of works by different authors)

For works less than 15 pages:

Whole work.

For works 15 pages or more:

10% of the pages;

1 chapter, if divided into chapters; or

Whole work if it hasn't been separately published.

‘Works’ are the individual works such as poems or short stories that make up the compilation, not the entire anthology itself.

More than 1 work per anthology may be copied if these criteria are met AND no more than 10% of the entire anthology is copied.

Periodicals (journals, newspapers)

1 article per issue; or

Multiple articles if they relate to the same subject matter.

Electronic journals are typically governed by license terms which override this provision.

Artistic works

For incidental artistic works:

Whole work.

For artistic works from hardcopy form:

Whole work if it hasn't been separately published or isn't available for purchase at an ordinary commercial price in a reasonable time.

For artworks from electronic form:

Whole work regardless of commercial availability.

Artistic works are considered incidental if they're included for the purpose of explaining or illustrating another work.

Note that ‘educational purposes’ excludes merely decorative images.

As with the licence for print and graphic material, the University can copy and communicate material that has been broadcasted on television or radio provided it is:

For educational purposes.
Not conducted for profit aside form cost-recovery.

This includes free-to-air and pay-tv, as well as podcasts and webcasts if they were previously delivered as broadcasts in Australia. It does not cover material from on-demand commercial streaming services such as Netflix or internet radio that is not broadcast.

Material copied under the Screenrights licence must only be distributed to students via myReadings. Unlike other video material played in class, it doesn’t have to be excluded from lecture recordings.

The commercial Music Licence with the music collecting societies permits the University to perform, record, and share music under certain circumstances. Note that the licence only covers works that are in the APRA-AMCOS catalogue .

Performing Music

The licence allows the University to perform both musical works (e.g. compositions) and sound recordings:

At University events where ticket prices are less than $60 (ex. GST) per person.
At University graduation ceremonies regardless of ticket price.
During University activities conducted off-campus.
For educational purposes.
In the workplace for the benefit of University staff.

The licence excludes performances of musical works that would be considered:

Grand Right Works in their entirety, e.g. musicals for which the music has been specifically written.
Works in a dramatic context, e.g. music for live theatre productions with a narrative.
Works associated with a ballet if accompanied with a visual presentation of that ballet.
Choral works of more than 20 minutes’ duration.
Works that are turned into a burlesque.
Works where the lyrics have been changed.

Recording Music

The licence allows the University to make audio recordings and audio-visual recordings, such as copying an existing commercial sound recording or filming a recital, concert or graduation ceremony.

Music recordings can be made:

To play at University events and graduations.
Of University events.
To use for educational purposes.
To stream on University social media platforms.*

*excluding video material with commercial sound recordings added in post-production.

Sharing Recorded Music

The following tables outline how different types of recordings can be used. ‘University recording’ refers to the capture of staff or student’s live performance of a musical work that is represented by APRA-AMCOS. For video, ‘in-context’ refers to music that is captured at the time of filming, while ‘post-production’ occurs when music is added in at the editing stage.

Audio recordings

Usage type	University recording	Commercial sound recording
Store on a password-protected University platform only available to staff and students	Yes	Yes*
Stream on a University website (ending in adelaide.edu.au)	Yes	Yes
Stream on official University social media platforms	Yes	Yes
Provide to staff and students in a physical format	Yes	Yes

Video recordings

Usage type	University sound recording. In-context or post-production	Commercial sound recordings captured in-context	Commercial sound recordings added post-production
Store on a password-protected University platform only available to staff and students	Yes	Yes	Yes
Stream on a University website (ending in .edu or .edu.au)	Yes	Yes	Yes
Stream on official University social media platforms	Yes	Yes	No
Provide to staff and students in a physical format	Yes	Yes	Yes

*Commercial sound recordings used for educational purposes must only be made available online to students via myReadings.

The licence does not permit:

Remixing, arrangements, adaptations or mash-ups of musical works or recordings.   
Making recordings available for download on the internet.
Fees for physical copies, other than at a cost recovery price.
The inclusion of any advertising or promotional material.

Frequently Asked Questions (FAQs)

What is a University event?

Any event organised and authorised by the University such as concerts, recitals, alumni events, gallery exhibitions and O-Week activities. Events can be on or off campus and can be open to the public. Events held by third-parties such as concert promoters are not considered University events even if they are held on campus for University students.

Does the licence cover the student union, sports association and student clubs?

No. Only organisations which are 100% owned and operated by the University are covered by the licence. However, if these groups are participating in a University event organised and authorised by the University they may be covered.

Does the licence cover online classes?

Yes. The licence covers performing and recording music used in a course of instruction whether that instruction is given in person or online. 

Does the licence cover print music?

No. The University of Adelaide cannot copy sheet music under this license, however a reasonable portion such as 10% of the musical notation may be copied and communicated under the Copyright Agency licence.

What if the licence doesn’t cover my proposed use?

Additional licensing will need to be obtained, particularly for events with tickets priced over $60, performance of Grand Right Works, works used in a dramatic context, and copying of entire music scores. In many cases OneMusic Australia should be able to provide a suitable licence or advise. For individual works in a project, contact the label or authors directly to obtain permission.

Can I use Spotify or Apple Music?

Subscription streaming services are usually limited to personal use. Consider a commercial tier or service that permits the public performance of their catalogue.